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ARTICLE 5 — UNION RIGHTS <br />5.1 The Union and its membership does not waive its rights under applicable State laws or Federal Law <br />except as those rights are waived, affected or set forth within the terms and conditions of this <br />Agreement. <br />ARTICLE 6 — EMPLOYEE RIGHTS <br />6.1 Every employee who becomes the subject of an internal investigation shall be advised at the time of <br />an interview that he is suspected of: (A) committing a criminal offense; (B) misconduct that could be <br />grounds for termination or discharge, demotion, suspension without pay or written warning; or, (C) <br />that he may not be qualified for continued employment with the Sheriff's Office. <br />6.2 Any employee who becomes the subject of a criminal investigation may have legal counsel present <br />during all interviews. This representation by counsel is confined to counseling, and not actual <br />participation in the investigation. A criminal investigation as used herein shall be interpreted as any <br />action which could result in the filing of a criminal charge. <br />6.3 A major investigation as used herein shall be interpreted as action which could result in dismissal <br />from the Sheriff's Office. The employee shall be informed in writing of the nature of the major <br />investigation if he/she is a suspect, before an interview commences. <br />6.4 The interview of any employee shall be at a reasonable hour, preferably when the employee is on <br />duty, unless the exigency of the interview dictates otherwise. <br />6.5 The employee, Employer or Union may request that a major investigation interview be recorded, <br />either mechanically or by a stenographer. The party(s) requesting such recording shall pay for said <br />recording and transcription thereof. Upon request, the employee under major investigation shall be <br />provided an exact copy of any written statement the employee has signed. <br />6.6 Interviewing shall be completed within a legally reasonable time and in a reasonable manner. In <br />major investigation interviews, the employee shall be afforded an opportunity to contact and <br />consult privately with an attorney of their choosing, or a representative of the Union, before being <br />interviewed. <br />6.7 In the event dismissal of an employee becomes imminent and the Sheriff determines an alternative <br />to said dismissal is the employee's resignation, said employee will be provided a reasonable <br />opportunity to confer with the Union before being requested to respond to the offer of resignation. <br />6.8 Employees will not be required to unwillingly submit to a polygraph test; provided, however, this <br />provision does not apply to either the initial application for employment or who has applied for a <br />change in his classification, or to Lieutenant, Captain, or higher. Provided, further, if the Sheriff <br />offers an employee the opportunity to take the polygraph test regarding potential involvement in <br />3 Kittitas County Line Deputies 111117— 12131121 <br />