Page 90 - 2016-2021-ASU

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
representation within a reasonable time, the interrogation and taking of a

record thereof may proceed. An arbitrator under this Article shall have the
power to find that a delay in providing such representation may have been

unreasonable. A copy of any stenographic record (verbatim transcript)
and/or tape recording made pursuant to this provision shall be supplied to

the employee.
(d) Signed Statement

(1) No employee shall be requested to sign any statement regarding his

or her incompetency or misconduct unless the employee 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.

(2) Unless the employee declines such representation he or she will be
given a reasonable period of time to obtain such representation. If the
employee requests representation and CSEA or the employee fails to

provide such representation within a reasonable time, the employee may

be requested to sign such a statement. An arbitrator under this Article shall
have the power to find that a delay in providing such representation may

have been unreasonable. The statement shall be submitted to the employee

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