Investigative procedures shall be undertaken any time an employee is suspected of or charged with an act which could result in criminal charges being filed against such employee. The investigative procedure hereinafter described shall not be used for disciplinary matters; disciplinary matter shall be the subject of § 33.70.
(A) An employee shall be informed of the nature of an investigation prior to any questioning.
(B) An employee who is to be questioned as a suspect in an investigation that may lead to criminal charges against the employee shall be advised of their constitutional rights in accordance with law and shall then and continually thereafter have a right to counsel or other representative of the employee’s choosing.
(C) An employee who declines or refuses to answer questions or to otherwise participate in an investigation may be charged with insubordination or a like offense except where such refusal is based on an exercise of the employee’s constitutional rights as referenced in division (B) herein.
(D) The interrogation of an employee in connection with an investigation shall be conducted at reasonable times and for reasonable periods of time which shall include rest periods and time to attend to physical necessities.
(E) Commencing at the time during an investigation when an employee is advised of their constitutional rights as provided in division (B), any interrogation shall be recorded at the request of either party.
(F) The use of administrative pressures, threats, coercion or promises shall not be employed for any purpose during the course of an investigation regarding any employee.
(G) In the course of an investigation, an employee may be given a polygraph examination. The admissibility of the results of such an examination in any subsequent criminal proceeding shall be determined by the court. If disciplinary action is taken in lieu of the filing of criminal charges the results of the polygraph examination shall not be considered at any review of such disciplinary action.
(H) During the course of an investigation, interviews of employees not the subject of such investigation may be conducted. Where appropriate, the procedures set forth herein shall be followed with respect to such other employees.
(I) When any anonymous complaint is made against an employee and there is no corroborative evidence of any kind, then the complaint shall be classified as unfounded and the accused employee shall not be required to submit a written report.
(J) Upon request, an employee shall be afforded reasonable access to written documents and to taped interviews made in accordance with division (E) herein during which time the employee may listen to and make personal notes. If a written transcription of a recorded interview is made, the employee will be provided a copy of such transcript upon written request to the City Manager.
(K) If in lieu of the filing of criminal charges an investigation results in the necessity of disciplinary action in accordance with § 33.69, it shall be done. An employee whose conduct is the subject of such disciplinary action shall be afforded access to evidentiary matters expected to be presented in course of any grievance hearing associated with the disciplinary action.
(L) If any of these procedures are alleged to have been violated, such allegations shall be subject to the grievance procedure provided in § 33.70 beginning at the level of the Director of Human Resources.
('80 Code, § 163.26) (Ord. 3-80, passed 1-7-80; Amendment effective 1-1-23)