Common use of Investigation of Misconduct Clause in Contracts

Investigation of Misconduct. The City may conduct investigations of alleged misconduct by an employee and may require a member of the bargaining unit to submit written reports, either by general or specific order. A member of the bargaining unit must, upon direction of the Chief of Police or his designated representative, respond completely and truthfully to all questions asked of him which relate to the alleged misconduct. The response by the employee, either written or oral, shall be subject to the following: A. Reports or responses to questions may be used only in the application of administrative justice and may not be used at any stage at any criminal proceedings against the employee. B. The reports and responses may be used by the City in taking appropriate actions and in defending such actions with respect to discipline or discharge of the employee. C. Failure by an employee to complete the report or to respond to a relevant question may be deemed refusal and may result in disciplinary action. ▇. ▇▇ on-the spot interview during, immediately afterwards, or at the first convenient time in relationship to the circumstances and the event in question, does not require the presence of an employee representative but an employee may have one if available. This initial interview will be to gain knowledge as to the facts of the event and will be conducted as soon as practicable.

Investigation of Misconduct. The City may conduct investigations of alleged misconduct by an employee and may require a member of the bargaining unit to submit written reports, either by general or specific order. A member of the bargaining unit must, upon direction of the Chief of Police or his designated representative, respond completely and truthfully to all questions asked of him which relate to the alleged misconduct. The response by the employee, either written or oral, shall be subject to the following: A. Reports or responses to questions may be used only in the application of administrative justice and may not be used at any stage at any criminal proceedings against the employee. B. The reports and responses may be used by the City in taking appropriate actions and in defending such actions with respect to discipline or discharge of the employee. C. Failure by an employee to complete the report or to respond to a relevant question may be deemed refusal and may result in disciplinary action. ▇. ▇▇ D. An on-the spot interview during, immediately afterwards, or at the first convenient time in relationship to the circumstances and the event in question, does not require the presence of an employee representative but an employee may have one if available. This initial interview will be to gain knowledge as to the facts of the event and will be conducted as soon as practicable.