The parties recognize that the State has the right to expect that a professional standard of conduct be adhered to by all unit personnel regardless of rank or assignment. Since administrative investigations may be undertaken to inquire into complaints of misconduct by bargaining unit employees, the State reserves the right to conduct such investigations to uncover the facts in each case while protecting the rights and dignity of accused personnel. In the course of any administrative investigation, all investigative methods employed will be consistent with the law. 

1. When an employee is to be interviewed or questioned concerning a complaint or allegation of misconduct, the employee shall be informed of, prior to the interview, the nature of the investigation and whether the employee is the subject of the investigation or a witness in the investigation. Notice shall be provided to employees who are subjects of investigations and shall include:

a. A statement that the employee is a subject of an administrative investigation.

b. The nature of the complaint or allegation of misconduct so that the employee knows the subject matter of the interview.

c. Information to the employee that the interview is part of an official administrative investigation and that failure to answer questions, completely and accurately, may lead to disciplinary action, including dismissal.

d. The time and location of the interview.

2. The Employer will make reasonable efforts to conduct interviews during an employee's regularly scheduled working hours. In any event, employees will be in on-duty paid status during interviews.

3. Prior to an interview or questioning which might reasonably lead to disciplinary action, the employee will, upon request, be given an opportunity to arrange to have a Fraternal Order of Police, Ohio Labor Council representative present during the interviewing or questioning. Except for situations in which the interview or questioning must take place immediately, no interview or questioning will occur until the employee has a reasonable opportunity to secure such representation. This right does not extend to performance evaluation interviews or meetings the purpose of which is solely to inform the employee of intended disciplinary action. The role of the Fraternal Order of Police, Ohio Labor Council representative at such interview or questioning will be to serve as the employee's representative. Notwithstanding Ohio Revised Code (ORC) 9.84, employees who are interviewed or testify during an investigation have no right to a private attorney, unless authorized by the FOP/OLC Legal Division.

4. An employee who is a subject of an administrative investigation concerning the employee's performance or fitness for office shall be informed that the interview, questioning or test is part of an official administrative investigation and that the employee is subject to disciplinary action, including dismissal, for failing to answer the questions accurately and completely to the best of his/her ability. The employee will be advised that the answers may not be used against him/her in criminal proceedings. The administrative investigation waiver shall be provided to the employee and signed by the employee. 

5. The interview shall be conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to induce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. If a tape recording or transcript of the interview or questioning is made, the party making such recording shall advise the other party of such recording or transcription prior to the start of the interview or questioning. A copy of the tape recording or transcript will be provided upon request of either party.

6. If at any time prior to or during the administrative investigation interview, it is believed the member has knowledge of, or has participated in, any act which violates the criminal laws of the United States, the State of Ohio, or any of its political subdivisions, and it is contemplated criminal charges may be pursued by the Department, an outside law enforcement agency, or a prosecutor, separate administrative and criminal investigations shall be initiated. At no time will information from an administrative investigation interview held with the member be provided to the criminal investigation.

7. If the criminal investigation is conducted by the Employer, the member shall be advised of all constitutional and other legal rights applicable. Information gathered during the criminal investigation may be provided to the administrative investigators for use during subsequent disciplinary action. Employees shall not be disciplined for exercising their constitutional rights during a criminal investigation interview.

8. At administrative investigation interviews, the Fraternal Order of Police, Ohio Labor Council representative may advise the employee on actions he/she should take, may ask the investigator to clarify questions, and may present the Fraternal Order of Police's position on the matter. At the investigative interview, the investigator need not reveal sources nor evidence. Sufficient grounds must be present prior to initiating an administrative investigation interview and the interview shall focus on the basic complaint or allegation prompting the interview or on related issues or on issues which develop during the interview. The scope of the interview shall be reasonable and may be addressed during the disciplinary grievance procedure. 

9. Where the affected employee is on disability, or applying for disability, and is unable or unwilling to attend the administrative investigation interview, he/she shall be offered the right to participate by telephone. The call shall be initiated via speakerphone in the presence of an FOP/OLC representative and Employer representative or designee. Failure of the employee to respond to the offer or phone call shall result in the employee’s disability leave benefits being held in abeyance in accordance with Article 43.01(H), unless otherwise mutually agreed between the Labor Council and the Office of Collective Bargaining.

Chemical or mechanical tests may be administered to any bargaining unit member to determine his/her fitness for duty, when such tests are a part of an official administrative investigation or when there is probable cause to believe the employee may be unfit for duty. Such tests may be conducted in accordance with the provisions of the State of Ohio’s Drug Free Workplace Program and the Federal Omnibus Transportation Safety Act for those employees subject to such Act, or other methods as mutually agreed to by the parties with the concurrence of the Office of Collective Bargaining. All employees will be subject to random drug testing pursuant to testing procedures and guarantees, as issued by the Drug-Free Workplace Office of the Department of Administrative Services (DAS). Employees in an initial probationary period who test positive for drugs or alcohol from either a random or reasonable suspicion test shall not be eligible for a last chance or EAP Agreement, and shall be terminated on the first occasion on which they test positive.

Employees may be required to stand in a line-up. 

18.05 Polygraph Machines

The Employer may use a polygraph machine to investigate the truth of statements made by a member in accordance with the Federal Employee Polygraph Protection Act. Additionally, the following conditions will apply to mandated polygraph examinations: Examinations will be ordered only on the basis of a written complaint; Employees required to submit to examination will be limited to the subject(s) of an investigation; Such examinations will be conducted internally, only; The examination must be conducted by a certified polygrapher.

When an administrative investigation leads to disciplinary action, the procedures for notification to the employee contained in Article 19 shall be followed.

When no disciplinary action is to be taken as a result of the investigation based upon available information, the employee shall be so advised within sixty (60) days after conclusion of the investigation. Administrative investigations of complaints and allegations of misconduct in which no further action is to be taken will be filed in the limited access file provided for in Article 17.

Disciplinary action shall be instituted within one (1) year of the occurrence or knowledge of the occurrence of the facts giving rise to the disciplinary action, except in the event of a criminal investigation or prosecution of the employee. The beginning of an administrative investigation into the matter shall be the starting date of the one-year period.

Disciplinary action will not be taken against any employee for acts committed while off duty except for just cause.

When the Department has initiated a criminal investigation to parallel an administrative investigation, the Employer shall notify the employee of the disposition of the criminal investigation.

When an anonymous complaint, where the complaint if true would not or could not lead to criminal charges, is made against a member and no corroborative evidence is obtained through a prompt investigation by management, the complaint shall be classified as unfounded. No disciplinary action may be brought as the result of unfounded complaints and no reference to such complaint shall be contained in the employee’s official personnel file.