All employees below the Senior Administrative Staff level that are not included within a Collective Bargaining Agreement and who are subject to this Personnel Policy shall be entitled to the following rights as they relate to non-criminal charges against a staff member for violation of Division policies, rules, and regulations. A staff member being investigated for possible criminal charges shall be afforded the same constitutional rights as are required to be provided to any other citizen.
A. In any disciplinary hearing arising out of an investigation under this section, the City and the staff member shall have the right to question the other party’s witnesses. Complaints against a staff member for violation of division policy and procedure shall be reduced to writing and signed by the Complainant. A confidential complaint shall not be considered as an anonymous complaint, except in those instances in which the person making the complaint is unwilling to testify in any subsequent hearing.
B. A staff member who is to be questioned as a suspect in any investigation of any criminal charge against the staff member shall be advised of their constitutional rights before any questioning starts. Any internal division questioning of the staff member named in the criminal complaint and any administrative charge against that staff member may be delayed until after the trial stage of the criminal case at the discretion of the Mayor and the City Administrator and shall be delayed until after the trial stage of the criminal case provided: (1) the staff member involved declines to participate in the administrative investigation and (2) the staff member removes himself/herself from duty without pay.
C. Before a staff member may be charged with any violation of City rules and regulations for a refusal to answer questions or participate in an investigation, the staff member shall be advised that his/her refusal to answer questions or participate in such investigation may be made a basis for such a charge.
D. Any employment related interrogation, questioning or interview shall be conducted at a reasonalbe hour, preferably while the staff member to be interrogated or interviewed is working. Such sessions shall be for reasonable periods of time and time shall be allowed for rest periods and other physical necessities. No more than two interrogators at a time will interrogate, question or interview the staff member. This section does not apply to any interrogations, questioning or interview conducted for the purpose of a criminal investigation.
E. The staff member shall be informed of the nature of the investigation prior to any questioning.
F. When an annoyance complaint is made against a staff member, the staff member shall be apprised of the circumstance.
G. The City may divulge the fact that a particular staff member is under investigation, but there shall be no release of any additional information by the City or the staff member regarding the staff member under investigation until such investigation is completed and the staff member is either cleared or charged.
H. When a staff member suspected of a violation of City Policies, rules or regulations is being interrogated, such interrogation shall be recorded at the request of the staff member or the City. The party requesting the recording shall be responsible for the cost unless both parties desire a copy, wherein the cost shall be equally shared. In addition, the party requesting the recording shall be responsible for providing the appropriate recording equipment.
I. A staff member who has been charged with a violation of any City Policy, rule or regulation, shall, upon request, be provided the opportunity to inspect and obtain copies, at current reproduction cost, of transcripts, recordings, written statements and any other material relating to the charges as a condition of its use at a hearing on such charge. Such requests must be made not less than twenty-four hours prior to the scheduled hearing: however, the parties may waive the twenty-four hour provision in the event of extenuating circumstances.
J. Any evidence obtained in the course of an internal investigation through the use of administrative pressures, threats or promises made to the staff member shall not be used by the City in any subsequent court action.
K. In the course of an internal investigation, a polygraph examination may be administered consistent with applicable law. When such a polygraph examination is conducted, upon the consent of the staff member under investigation, the result of such examination shall not be used by either party for any purpose in a subsequent court action.
L. When a staff member is to be interviewed in an investigation of any other staff member of the City employee, such interview shall be conducted in accordance with the procedure established herein.
M. (EDITOR’S NOTE: Former subsection M. was repealed by Ordinance 14-2021, passed February 16, 2021.)
N. Internal investigations with regard to minor violations shall be completed within forty-five calendar days after the filing of the complaint.
Major complaint investigations, other than criminal complaints involving felony violations, shall be completed within one hundred calendar days after filing of the original complaint unless, upon request of the City Administrator, an extension of time for such investigation to be completed is granted. The staff member must be notified of the City Administrator’s decision upon the granting of the extension request.
An additional fifteen calendar days shall be provided beyond the forty-five or one hundred day limits above in cases where the investigation is not initiated by internal investigation.
Criminal complaints involving felony investigations shall be investigated and completed in accordance with the statute of limitations set out in the Ohio Revised Code. Such complaints may be referred for investigation by Bureau of Criminal Identification and Investigation.
(Ord. 14-2021. Passed 2-16-21.)