Page 89 - 2016-2021-ASU

certified mail, return receipt requested and concurrent first-class mailing,

it shall be complete 10 business days from mailing if the concurrent first

class mailing is not returned to the appointing authority.
As used in this Article, “appointing authority” shall include the agency

that currently employs an employee of this unit and any agency where such
employee was formerly employed.

§33.2 Employee Rights
(a) Representation

(1) An employee shall be entitled to representation by CSEA at each
step of the disciplinary procedure, or by private counsel selected at his or

her own expense.
(2) CSEA representation may include both a grievance representative

and the CSEA Local President or, where the Local President is absent from
work, his or her designee, and a CSEA staff representative; however, the

absence of the two additional representatives shall not unreasonably delay
an interrogation and/or the request to sign a statement made pursuant to

this section.
(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

88