A. An employee has the right to the presence of counsel and/or a representative of his recognized bargaining unit and the right of cross-examination of all witnesses at disciplinary hearings requested before the Chief of Police, the Safety Director, Civil Service Commission and/or before an Arbitrator.
B. An employee 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. Internal Affairs questioning of the Officer named in the criminal complaint and any administrative charges against that 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 Officer removes himself/ herself from duty without pay.
The City recognizes that criminal investigations of a police officer should be and will be handled in the same manner as a criminal investigation that would involve any citizen.
C. Before an employee may be charged with any violation of the Departmental Rules and Regulations for a refusal to answer questions or participate in an investigation, he shall be advised that his refusal to answer questions, or participate in such investigation, may be made the basis of such a charge.
D. Any interrogation, 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.
E. The employee shall be informed of the nature of the investigation prior to any questioning.
F. When a single anonymous complaint is made against an employee and there is no corroborative evidence of any kind, the employee accused shall not be required to submit to interrogation or make a report.
G. The Department may divulge the fact that a particular 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 an employee suspected of a violation is being interrogated in an Internal Affairs investigation, such interrogation shall be recorded at the request of either party.
I. An employee who has been charged with a violation of any Departmental policies, or Rules and Regulations, shall upon request be provided the opportunity to inspect and obtain written statements and any other material as a condition to its use at a hearing on such charge.
Such request must be made forty-eight (48) hours prior to the scheduled hearing time. However, the forty-eight (48) hour provision may be waived in the event of extenuating circumstances.
J. No hearing that may result in the dismissal, demotion, suspension or reprimand shall be held unless the employee is notified of the hearing and the reasons for it at least seven (7) calendar days prior thereto.
K. Any evidence obtained in the course of an Internal Affairs investigation through the use of administrative pressures, threats or promises made to the employee shall not be used in any subsequent criminal court action.
L. In the course of an Internal Affairs investigation, a polygraph examination will be administered only with the consent of the officer under investigation. If in the course of an internal investigation, an employee has been given a polygraph examination, such examination shall not be used in any subsequent criminal court action.
M. When an employee 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. Any Officer brought before the Internal Affairs Unit for investigation has the right upon request to have present an attorney. Any information divulged at said interview shall remain confidential.
O. If the rights of the employee who is under investigation as provided herein have been violated, the violation shall be subject to the grievance procedure, but limited to the Third Step of such procedure.
P. Investigations by Internal Affairs with regard to minor violations shall be completed within forty-five (45) calendar days after filing of the original Departmental Investigation Form (D.I.F.).
Major complaint investigations, other than criminal complaints involving felony violations, shall be completed within one hundred (100) calendar days after filing of the original D.I.F. unless upon request to the Safety Director an extension of time 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.
An additional fifteen (15) calendar days shall be provided beyond the forty-five (45) and one hundred (100) day limits above in cases where the investigation is not initiated in the Internal Affairs Section although a D.I.F. has been filed.