4,
A police officer, being interviewed where discipline could result or at a
meeting/hearing concerning pending discipline, will be afforded one
representative from the Collective Bargaining Unit only as it pertains to the below
listed procedures under NLAB v. Weingarten:
» The employee must reasonably believe that the interview will result in
disciplinary action.
” The employee must request such representation.
- The exercise of the right to representation cannot unduly interfere with
legitimate needs of the employer.
During an investigation conducted by the Nashua Police Department of an
offense committed which could result in criminal proceedings, administrative
rights may be provided to the police officer. The administrative rights as outlined
under Garrity v. New Jersey are to:
» Advise the officer that the answers to the questions will not be used against
the officer in criminal proceedings.
Order the officer to answer the questions under threat of disciplinary action;
and
V
Ask questions which are specifically, directly, and narrowly related to the
officer's duties or the officer's fitness for duty.
w
As outlined under Cleveland Board of Education v. Loudermill, prior to discipline
being imposed (pre-disciplinary hearing/meeting), a police officer is entitled to
receive:
A written notice of the charge(s);
St
A gist of the allegations;
‘
Possible disciplinary action(s) to be taken; and
‘
7 Anopportunity to be heard.
For post-disciplinary hearings, an employee is entitled to receive copies, in total,
of the documentation supporting the punitive disciplinary action(s).
Interviews and investigations conducted by the Nashua Police Department shall
be concluded with no unreasonable delay. The employee shall be advised either
in writing or verbally of the results of the completed, documented Nashua Police
Department investigation.
When the Nashua Police Department conducts an investigation, during the
interview of any employee it shall be at a reasonable hour, preferably when the
employee is on duty, unless exigency of the interview dictates otherwise.
The Department maintains a purging system for official personnel files as follows:
1. The respective officer may request a review of stale disciplinary documentation in
his/her personnel file as outlined below:
