Page 93 - 2016-2021-ISU

(b) Interrogation

(1) The term “interrogation” shall be defined to mean the questioning

of an employee who, at the time of such questioning appears to be a likely
or potential target or subject for disciplinary action.

(2) If an employee is improperly subjected to an interrogation in
violation of the provisions of this subdivision, an arbitrator appointed

pursuant to this Article shall have the authority to exclude information
obtained thereby or other evidence derived solely through such

interrogation. The State shall have the burden of proof to show that, upon
the preponderance of the evidence, such evidence sought to be introduced

was not derived solely by reason of such interrogation and was obtained
independently from the statements or evidence so provided by the

employee.
(3) No employee shall be required to submit to an interrogation by a

department or agency (a) if the information sought is for use against such
employee in a disciplinary proceeding pursuant to this Article, or (b) after

a notice of discipline has been served on such employee, or (c) after the
employee’s resignation has been requested pursuant to Article 35, unless

such employee is notified in advance of the interrogation that he or she has
the right to have CSEA representation, as defined in Section 33.2(a)(2) -

Representation - or private counsel provided at his or her own expense
present or to decline such representation and that, if such representation is

requested, a reasonable period of time will be afforded for that purpose. If
the employee requests representation and the CSEA or employee fails to

provide such representation within a reasonable time, the interrogation may

proceed. An arbitrator under this Article shall have the power to find that
a delay in providing such representation may have been unreasonable.
(c) Recording Devices/Transcripts

No recording devices or stenographic or other record shall be used

during an interrogation unless the employee (1) is advised in advance that
a transcript is being made, and (2) is offered the right to have CSEA
representation, as defined in Section 33.2(a)(2) - Representation - or

private counsel provided at his or her own expense present. Unless the

employee declines such representation, he or she will be given a reasonable
period of time to obtain representation. If the employee requests

representation and the CSEA or employee fails to provide such

92