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FYI - Investigatory Interviews

MMA would like to remind supervisors to familiarize themselves with the following language under Article 6, Discipline and Discharge, Section 4, Investigatory Interview:

The Appointing Authority shall not meet with the supervisor for the purpose of questioning a supervisor during an investigation that may lead to discipline of the supervisor without first offering the supervisor an opportunity for MMA representation. Any supervisor waiving the right to such representation must do so in writing prior to the questioning. However, a supervisor may initially waive the right to representation orally in the case of a phone interview. A copy of such waiver shall be furnished to the Association. The supervisor shall be advised of the principal allegations being investigated and, if known, the alleged time and place of the occurrence prior to questioning. However, if any supervisor, who is not the subject of the investigation, is being questioned during an investigation of resident/patient abuse, the supervisor, upon request, shall have the right to Association representation.

The key sections of this language that all supervisors should be aware of are: 1) the Appointing Authority shall not meet with the supervisor for the purpose of questioning a supervisor during an investigation that may lead to discipline of the supervisor without first offering the supervisor an opportunity for MMA representation, and 2) the supervisor shall be advised of the principal allegations being investigated and, if known, the alleged time and place of the occurrence prior to questioning. MMA strongly encourages any supervisors who are notified they are being investigated to contact the MMA office for assistance and representation; MMA believes it is prudent for the supervisors to request union representation in most of these situations and not sign a waiver, surrendering their right for representation.

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