2009-53 AUTHORIZING CONTRACT PAY AND BENEFITS - POLICE BENEVOLENT AND PROTECTIVE ASSOCIATION LABOR COMMITTEE

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Section 6. Conduct of Investigations The City shall abide by the provisions of the Uniform Peace Officers' Disciplinary Act (50 ILCS 725/1 et seq.); any violation thereof, or remedy available there under, shall be subject to the grievance and arbitration sections of Article 20. (a). The City shall observe the following time limits with regard to disciplinary matters: (1) An officer shall be notified of any investigation or citizen's complaint regarding the officer's conduct or actions within ten (10) duty days of said complaint unless notification would compromise the investigation. (2) Any officer under investigation shall be provided with a written copy of any oral statement made by such officer within five (5) of the interviewer's duty days from the time such statement was made. (3) The City shall provide both the officer and the Union all information obtained from the investigation at least five (5) business days prior to any termination hearing. (4) All grievances filed under Article 20 of the Agreement which challenge disciplinary actions imposing suspension of ten (10) days or more, or termination, may be heard under the expedited procedure described in Exhibit D hereto, but only if the Union so notifies the City, in writing, not later than the end of the fifth (5th) business day following the notice to the employee of the discipline to be imposed, as set out in said Article 20; provided that, no arbitration hearing involving charges which are also the subject of a criminal prosecution may be conducted prior to the termination of said criminal proceedings. (b). Failure to meet the time limits set out in subparagraph (a) shall not prohibit the City from imposing discipline for the offenses involved. I Section 7. Photo Dissemination No photo of an employee under investigation shall be made available to the media prior to a criminal conviction or prior to an arbitrator's decision or Civil Service Commission decision. Section 8. Compulsion of Testimony The City shall not compel an employee under investigation to speak or testify before, or to be questioned by, any non-governmental agency relating to any matter or issue under investigation. Section 9. Polygraph No employee shall be disciplined for refusing to take a polygraph exam and the results of such an exam shall not be admissible as evidence in proceedings before an arbitrator or the Civil 15