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elects to use accumulated vacation, compensatory time or holiday leave in lieu of suspension <br /> without pay,the employee waives his/her right to a hearing before the Civil Service Commission <br /> or before an arbitrator pursuant to Article 20. <br /> Section 6. Conduct of Investigations <br /> The City shall abide by the provisions of the Uniform Peace Officers'Disciplinary Act(50 <br /> ILCS 725/1 et seq.); any violation thereof, or remedy available there under, shall be subject to the <br /> grievance and arbitration sections of Article 20. <br /> (a). The City shall observe the following time limits with regard to disciplinary matters: <br /> (1) An officer shall be notified of any investigation or citizen's complaint regarding the <br /> officer's conduct or actions within ten(10) duty days of said complaint unless notification would <br /> compromise the investigation. <br /> (2) Any officer under investigation shall be provided with a written copy of any oral <br /> statement made by such officer within five (5) of the interviewer's duty days from the time such <br /> statement was made. <br /> (3) The City shall provide both the officer and the Union all information obtained from <br /> the investigation at least five(5)business days prior to any termination hearing. <br /> (4) All grievances filed under Article 20 of the Agreement which challenge disciplinary <br /> actions imposing suspension of ten (10) days or more, or termination, may be heard under the <br /> expedited procedure described in EXHIBIT E hereto,but only if the Union so notifies the City,in <br /> writing,not later than the end of the fifth(5th)business day following the notice to the employee <br /> of the discipline to be imposed, as set out in said Article 20;provided that, no arbitration hearing <br /> involving charges which are also the subject of a criminal prosecution may be conducted prior to <br /> the termination of said criminal proceedings. <br /> (b). Failure to meet the time limits set out in subparagraph(a)shall not prohibit the City <br /> from imposing discipline for the offenses involved. <br /> Section 7. Photo Dissemination <br /> No photo of an employee under investigation shall be made available to the media prior to <br /> a criminal conviction or prior to an arbitrator's decision or Civil Service Commission decision. <br /> Section 8. Compulsion of Testimony <br /> The City shall not compel an employee under investigation to speak or testify before,or to <br /> be questioned by,any non-governmental agency relating to any matter or issue under investigation. <br /> Section 9. Polygraph <br /> No employee shall be disciplined for refusing to take a polygraph exam and the results of <br /> 17 <br />