Everett Police Officers Association 1/3/2020

ARTICLE 8 - INTERNAL INVESTIGATIONS 8.1 General. 8.1.1 Any Association member who will be interviewed concerning an act, which, if proven, could reasonably result in disciplinary action against him or her will be afforded the following safeguards: 8.1.1.1 Members shall be notified, in writing, that they have become the subject of an internal investigation and of the allegations. Except that such notification may not occur when, in the opinion of the Chief of Police or designee, such notification would clearly tend to impair and/or impede a thorough, fair, and factual investigation of a particular complaint. 8.1.1.2 At a reasonable time prior to any investigatory interview, and with not less than 48 hours notice, the member will be informed in writing the nature of the allegations, potential policy violations, and information the City relied upon in making the decision to conduct an investigation. This information is intended to provide the member with a summary of what was relied upon to conduct the investigation, and does not include every piece of crucial information, which may be relied upon to conduct a thorough investigation. The summary will include, at a minimum, an overview of the information received that led to the decision to begin an internal investigation. If information needs to be withheld from the summary(for investigatory purposes), an explanation of why that information was withheld shall be provided to the member and the Association in the notification. The member shall be afforded the opportunity to consult with an Association representative. The member shall be allowed a reasonable amount of time to secure the presence of an Association representative and to have an Association representative present during the interview, so long as the delay shall not unduly obstruct the City's ability to conduct its investigation. The Association representative will not unduly interfere in the interview. These restrictions on the Association's representative's role in no way limit the Association's right to otherwise fully represent a member during the interview (which includes, asking questions or seeking clarification). During the interview, the Association representative may present information to the City at the conclusion of questioning.8.1.1.3 To the extent reasonably possible, interviews shall take place at Police Department or City facilities. 8.1.1.4 The City shall make a reasonable good faith effort to conduct these interviews during the member's regularly scheduled shift or normal business hours, except for emergencies or where interviews can be conducted by telephone. Where a member is working on the night shift, the interview can be scheduled contiguously to the member's shift. 8.1.1.5 The member will be required to answer all questions, except for those involving criminal conduct of the member if the member has been informed that criminal charges may be filed against him or her. 9