Common use of Refusal to Answer Questions Clause in Contracts

Refusal to Answer Questions. The refusal of an officer to answer questions concerning non-criminal matters may result in disciplinary action. In any case in which a police officer is being questioned as part of an official investigation of the Brunswick Police Department, which could result in administrative disciplinary action, the so-called ▇▇▇▇▇▇▇ Warning shall be given to the member concerned prior to the commencement of any questioning. The ▇▇▇▇▇▇▇ Warning shall be as follows: "Officer you are being questioned as part of an official investigation of the Brunswick Police Department. You will be asked questions relating to the performance of your official duties and conduct. You are entitled to assert your Fifth Amendment rights during the investigation. If you do so, you may be subject to suspension, termination or some other appropriate penalty. If you decide not to invoke the Constitutional privilege, anything said of an incriminating nature may not be used against you in a criminal proceeding." The interview shall be conducted with as much confidentiality as possible. The interview of a member suspected of violating Department rules and regulations or other violations shall be limited to questions which are directly, narrowly and specifically related to the member's performance as it relates to the alleged violation. If the member is under arrest or is likely to be, that is, if he is a suspect or the target of a criminal investigation, he/she shall be afforded all rights granted under such circumstances to other persons. In all cases in which a member is interviewed concerning a serious violation of Departmental rules and regulations, which if proven could result in his/her removal from the department, he/she shall be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his/her own choosing and/or Association Counsel before being interviewed, and his/her attorney and/or counsel may be present during the interview. The investigation will be conducted without unreasonable delay and the member will be advised of the final outcome of the investigation.

Refusal to Answer Questions. The refusal of an officer to answer questions concerning non-criminal matters may result in disciplinary action. In any case in which a police officer is being questioned as part of an official investigation of the Brunswick Police Department, which could result in administrative disciplinary action, the so-called ▇▇▇▇▇▇▇ Warning shall be given to the member concerned prior to the commencement of any questioning. The ▇▇▇▇▇▇▇ Warning shall be as follows: "Officer you are being questioned as part of an official investigation of the Brunswick Police Department. You will be asked questions relating to the performance of your official duties and conduct. You are entitled to assert your Fifth Amendment rights during the investigation. If you do so, you may be subject to suspension, termination or some other appropriate penalty. If you decide not to invoke the Constitutional privilege, anything said of an incriminating nature may not be used against you in a criminal proceeding." The interview shall be conducted with as much confidentiality as possible. The interview of a member suspected of violating Department rules and regulations or other violations shall be limited to questions which are directly, narrowly and specifically related to the member's performance as it relates to the alleged violation. If the member is under arrest or is likely to be, that is, if he is a suspect or the target of a criminal investigation, he/she shall be afforded all rights granted under such circumstances to other persons. In all cases in which a member is interviewed concerning a serious violation of Departmental rules and regulations, which if proven could result in his/her removal from the department, he/she shall be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his/her own choosing and/or Association Counsel before being interviewed, and his/her attorney and/or counsel may be present during the interview. The investigation will be conducted without unreasonable delay and the member will be advised of the final outcome of the investigation. Recognizing that the formality of this process is intended to ensure member rights are adhered to, any member wishing to waive this process for oral or written reprimands may do so. If based on the information provided at the time of the allegation, the Chief of Police feels that, if sustained, the employee will only face discipline less than suspension, the Chief can advise the union representative and president. After discussing with the member that is under investigation, the member can choose to waive the process. If at any time during this process, including after the member has waived Article 19, the Chief of Police receives information that, if sustained, could lead to a suspension, demotion or potential termination, the Chief will adhere to the full provisions of Article 19.