Effective 7/1/15 - 6/30/17
19.1 The public has a right to expect efficient, fair, and impartial law enforcement. Therefore, any alleged misconduct by an employee of the UWPD must be thoroughly investigated to assure the maintenance of these qualities. Employees, too, must be protected against false allegations of misconduct and have the assurance that internal investigations will be conducted in a manner conducive to good order and discipline.
19.2 Every employee who is the subject of an internal affairs investigation or who is interviewed relating to a matter that could lead to discipline (dismissal, demotion, suspension without pay, reduction in pay, written reprimand, or verbal reprimand) of him/her shall be entitled to be represented by a designated Union representative of his/her choice. The employee to be interviewed shall be afforded reasonable time prior to the interview to consult with the Union representative.
19.3 Every employee who becomes the subject of an internal investigation shall be advised at the time of the interview who is in charge of the investigation and who will be conducting the interview.
19.4 The investigator shall apprise the employee of the complaint made against him/her, and allow the employee to read the allegations contained in the complaint. A sanitized copy of the complaint may be provided to the employee and the Union, upon request.
19.5 The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigency of the interview dictates otherwise. Whenever possible, interviews will be scheduled during the normal workday of the employee.
19.6 The employee or the Employer may request that the interview be recorded, either mechanically or by a stenographer. There can be no "off the record" questions. Upon request, the employee shall be provided an exact copy of any written statement the employee has signed, a copy of the audio recording, or a verbatim transcript of any interview. Upon written authorization from the employee, the Employer will provide to the Union a copy of any signed statement, copy of the audio recording, or verbatim transcript provided to the employee. The transcript will be provided if a transcript is made.
19.7 Interviewing shall be completed within a reasonable time and the employee shall be entitled to reasonable breaks for personal necessities, meals, telephone calls, consultant with the Union, and rest periods.
19.8 All interviews shall be limited in scope to activities, circumstances, or events which pertain to the employee's conduct or acts which may form the basis for disciplinary action.
19.9. The employee will not be threatened with dismissal or other disciplinary action as a guise to obtain his/her resignation, nor shall he/she be subject to abusive or threatening language or intimidating in any other manner. No promises or rewards shall be made as an inducement to answer questions.
19.10 No employee shall be required to unwillingly submit to a polygraph examination.
19.11 The Employer agrees to provide the employee with the entire contents of the employee's investigation file prior to the imposition of any personnel action which could result in discipline or dismissal. Upon written authorization from the employee, the Employer will provide the Union a copy of the investigation file.
19.12 Assigned storage space may be searched by the University. An employee's personal property may not be searched relative to an internal investigation without a search warrant.
19.13 When an employee, whether on duty or off duty, uses deadly force which results in the injury or death of a person, the employee shall not be required to make a formal written or recorded statement for forty eight (48) hours after the incident. The employee will provide any other information necessary to secure evidence, identify witnesses, or apprehend suspects. When the employee is required to make a formal written statement or recorded statement, the employee shall be afforded all protections afforded by this agreement.
19.14 When an employee is required to make a verbal, written, or recorded statement, the employee shall be afforded all protections afforded by this Agreement, Washington State law, and the Constitutions of both the United States and State of Washington, including but not limited to, his/her Miranda, Garrity, and Weingarten rights.
19.15 The procedures regarding the, "Use of Force Resulting in Serious Injury or Death," shall be in accordance with internal department policy (CALEA 1.3.8). This policy shall be subject to the grievance procedure (Article 18).