Article 2

Protective Services Bill of Rights

Section One. Each employee shall be expected to render a full and fair days work in an atmosphere of mutual respect and dignity, and free from significant abusive and/or arbitrary conduct.

Section Two. An employees off-duty conduct, speech, beliefs and politics shall not in and of themselves, impact on his/her employment unless clearly job related.

Section Three. Whenever a Protective Services Bargaining Unit employee covered under this contract is under investigation or subjected to interrogation for any reason which could lead to suspension, demotion, dismissal, disciplinary action, or criminal charges, such investigation or interrogation shall be conducted as nearly as is practicable under the following conditions:

(1) The interrogation shall be conducted at a time when the employee is on duty, unless the seriousness of the investigation is of such degree that an immediate interrogation is required;

(2) The employee under investigation shall be informed of the name(s) and agency of the person in charge of the investigation and of those conducting the interrogation;

(3) Whenever the interrogation relates to the employee being placed under arrest, or is likely to be arrested or is a suspect or target of a criminal investigation, he/she shall be afforded all constitutional rights;

(4) An employee shall be entitled to union representation at each step of the grievance procedure and all predisciplinary hearings;

(5) Prior to any disciplinary hearing or predisciplinary hearing, involving noncriminal charges against an employee, a copy of all complaints and statements will be submitted to the accused. No record of complaint against any employee shall be kept in an employee’s personnel file unless such record includes identification of the complainant;

(6) Interrogation sessions shall be for reasonable periods and shall be timed to allow such personal necessities and rest periods as are necessary;

(7) No employee shall be requested to sign a statement of an admission of guilt to be used in any disciplinary proceeding without having consulted with a Union representative or having signed a written waiver of rights to representation;

(8) In cases in which the facts, in a claim against the employee, if proven, would constitute criminal behavior, the employee may refuse to answer questions on the grounds that the answer would tend to incriminate him. If the facts alleged would not constitute a crime, if the employee at first refuses to answer questions on the grounds of self-incrimination, the employer may specifically order him to do so, in which case, the employee shall be required to answer, but the answer will be treated as involuntary and may not be used in any criminal proceedings against him.


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