What are the 8 items that may lead to Administrative Investigation if violated?
1: Laws, statutes or ordinances involving City, State, or Fedral
2: City of Irving Personnel Policies and Procedures
3: Irving Civil Service Commission Rules
4: Texas Local Government Code CHAPTER 143
5: IFD Rules and Regs
6: IFD GOP’s
7: IFD EOG’s
8: Members Arrest
Formal Complaints must have what two things?
Must be in writing.
Must be signed by the person making the complaint.
Before an administrative investigation is conducted due to a concern presented by anyone outside of the employment with the City of Irving, _____ must be initiated against the IFD member as outlined in IFD General Procedure 3.4 - Complaints.
A Formal Complaint
A Formal Complaint is/is not initially required when a member is under Administrative Investigation for charges brought by an IFD member or when the member is being investigated for policy or conduct violations.
Is not
If the Investigating Chief Officer determines there is probably cause which could lead to disciplinary action, then the member at some point in the investigation will be given a _____.
Formal Complaint.
The Chief of Department will assign a/an _____ to conduct administrative investigations.
Assistant Chief
A person may not be assigned to conduct an administrative investigation if what 2 things are present?
1: The person is the ultimate-decision maker regarding disciplinary action.
2: The person has any personal involvement regarding the alleged investigation.
Can the Chief of Department ask for an outside agency to conduct the administrative investigation?
Yes
A member who is the subject of an administrative investigation has the right to _____ and _____.
Inquiry
Upon inquiry, to be informed of the identify of each investigatory participating in an interview of the member.
The member who is subject of an administrative investigation shall have the right to be represented by a _____ when the interview process begins.
A representative of the Irving Professional Firefighters Association (IPFFA) Local 2073
During the interview process, the member under administrative investigation shall have their superior officers present to include: (2)
Member’s station officer
Member’s battalion chief
During the interview process of administrative investigation, _____ shall be present when the administrative investigation is the result of performance issues.
Superior Officers
No officer in the chain of command, attorney or representative of IPFFA Local 2073 can be present during the interview if what?
If they have any involvement, other than representation, with the matter under investigation.
The member who is the subject of an administrative investigation shall be given a _____ prior to the start of the interview process. The member is required to sign this, acknowledging they understand it.
Garritty Warning
The member must receive a _____ informing the member of the allegation(s) in the complaint prior to being interviewed and are required to sign it.
“NOTICE OF ADMINISTRATIVE INVESTIGATION”
With approval of the Chief of Department, the investigator may impose a confidentiality agreement upon the member under investigation; the determination will be made based on the _____ or _____.
Severity of the alleged misconduct or the nature of the complaint.
The questions of interview during an administrative investigation shall be _____ and _____.
Narrowly and specifically related to employment issues.
During the interview process of an administrative investigation, members are required to _____ regarding the allegation(s) of misconduct or answer the investigators’ questions.
Submit a written response
The investigator may require a _____ at any time during the interview process once a Garritty Warning and Notice of Administrative Investigation have been presented to the member.
Written Statement
What 2 people may elect to place a member who is the subject of an administrative investigation on Administrative Leave during the course of the investigation?
The Chief of Department or their designee.
Administrative investigations shall be conducted in a _____, _____, and _____ manner.
Non-biased, thorough and concise
Once the administrative investigation process has begun, the investigator should submit their findings to the Chief of Department no later than the close of business on the _____ day.
90th day
Administrative Investigations must be completed within 90 days unless what 3 things apply?
1: The nature of the complaint in a criminal investigation.
2: The Chief of Department determines the nature of the complaint requires an extension due to complexity.
3: The member who is the subject of an investigation is required to submit to a Determination of Physical and Mental Fitness as described in Texas Code.
_____: The alleged act did not occur.
Unfounded
