(a) A Command Officer has the right to the presence of counsel and/or a representative of his recognized bargaining unit and the right to cross examine witnesses at all disciplinary hearings before the Chief or his designee, Safety Director and the Civil Service Commission.
When a Command Officer is summoned to appear before the Firearms Review Board, he may, at his option, bring a representative from the Command Officers' Association. At his option, the Command Officer involved may request the Chief of Police or his designee to review the actions of the Firearms Review Board. This request must be submitted in writing within five (5) work days after being made aware of the findings of the Board. The Chief or his designee shall make a review of this decision and will within five (5) work days notify the Command Officer involved that he has either upheld, modified or overruled the actions of the Firearms Review Board.
If the Chief appoints a designee, said designee will be identified prior to the hearing. The Command Officer has the right to object to one designee only. All Deputy Chiefs are eligible for consideration as a designee.
(b) A Command Officer who is to be questioned as a suspect in any investigation of any criminal charge against him shall be advised of his Constitutional Rights before any questioning starts, and shall not be required to waive said rights. Internal affairs questioning of the Command Officer named in the criminal complaint and any administrative charges against that Command Officer, shall be delayed until after the trial stage of the criminal case provided: (1) the officer involved declines to participate in the administrative investigation and (2) the Command Officer removes himself/herself from duty without pay.
(c) No Command Officer may be charged with any violation of the Departmental rules and regulations for a refusal to answer questions, or participate in an investigation concerning any incident which is criminal in nature and when the Command Officer is off-duty and not representing himself as a Police Officer. Before a Command Officer may be charged with violation of Departmental rules and regulations for not answering questions or refusing to participate in any other investigation he shall be advised that refusal to answer such questions may be made the basis of such charge.
(d) Any interrogations, questioning, or interview shall be conducted at a reasonable hour, preferably while the employee is working. Interrogation sessions shall be for reasonable periods of time, and time shall be allowed during the questioning for rest periods or for other physical necessities. The Command Officer has the right to the presence of an Association representative during these sessions.
(e) The Command Officer shall be informed of the nature of the investigation prior to any questioning.
(f) When a single anonymous complaint is made against a Command Officer, and there is no corroborative evidence of any kind, the Command Officer accused shall not be required to submit to interrogation, nor shall the Command Officer be required to submit a report either to Internal Affairs or to the Section head or his designee.
(g) The department may divulge the fact that a particular Command Officer is under investigation but may not release any additional information until the investigation is completed and the employee is either cleared or charged. Prompt notice must be provided to the Association when upon inquiry the department divulges the fact that an officer is under investigation.
(h) When a Command Officer suspected of a violation is being interrogated in an Internal Affairs investigation, such interrogation shall be recorded at the request of either party.
(i) At any time after a Command Officer has been charged with a violation of Departmental rules and regulations, both the City and the Command Officer shall, upon request, be provided the opportunity to inspect and copy all transcripts, recordings, written statements, notes and any other material generated during this investigation. Both parties shall have equal rights in regard to access of information.
(j) No hearing that may result in dismissal, demotion, suspension or reprimand shall be held unless the Command Officer is notified of the hearing and the reason for it at least five (5) work days prior thereto.
(k) Any evidence obtained in the course of an internal investigation through the use of administrative pressures, threats or promises made to the Command Officer shall not be used in any subsequent criminal court action.
(l) No polygraph examination or other stress evaluating examination will be administered to any Command Officer.
(m) When a Command Officer is to be interviewed in an investigation of any other member of the Police Department, such interview shall be conducted in accordance with the procedure established herein.
(n) If the rights of the Command Officer who is under investigation as provided herein have been violated, the violation of procedure shall be subject to the grievance procedure, but shall not be subject to arbitration.
(o) Investigations by Internal Affairs involving Command Officers with regard to minor violations shall be completed within thirty (30) work days. An individual Command Officer and the Command Officers' Association shall be notified of the status (minor/major), of any complaint prior to said Command Officer being required to respond to said complaint either in written or oral form. For the purposes of the notification to the Command Officers' Association in this paragraph, notification shall be deemed complete by the placing of a time-stamped memo in the Association mail box at the Safety Building.
Major complaint investigations, other than criminal complaints involving felony violations, shall be completed within seventy (70) work days unless upon request to the Safety Director one (1) extension of time for twenty (20) work days for such investigation to be completed is granted. The Association must be notified of the Safety Director's decision upon the granting of an extension request.
Criminal complaints involving felony investigations shall be investigated and completed in accordance with the statute of limitations set out in the Ohio Revised Code.