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11. General systems and procedures |
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Article 82-Commision of Inquiry |
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| 82.1 |
Petition for commission of inquiry |
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A petition for commission of inquiry is the formal process by which a commission of inquiry is requested.
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A petition for commission of inquiry requires three formal elements: |
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1. A list of petitioners, their names, their current residence and their signatures
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2. A statement of claim which references the specific articles and or clauses of this code that are alleged to have been breached by one or more corrections officers
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3. A fact sheet which lists the name and current rank of each corrections officer to which the petition relates including a short numbered description of the sequence of events which led to the alleged breach or breaches.
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The three formal elements may be provided on standard forms for such purpose or in documented form that complies to the function and purpose of each specific element.
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A petition shall not be permitted to be rejected solely on the basis that it was not provided on the standard forms designed for such purpose.
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| 82.2 |
Minimum petitioners for a petition for general commission of inquiry |
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The minimum petitioners required for a general commission of inquiry shall depend upon the person, or persons making the petition.
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Corrections Officer = Minimum of one petitioner |
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Public = Minimum of two petitioners |
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Prisoners = Minimum of three petitioners |
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| 82.3 |
Minimum petitioners for a full commission of inquiry |
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The minimum petitioners required for a full commission of inquiry shall depend upon the person, or persons making the petition.
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Corrections Officer = Minimum of six petitioners |
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Public = Minimum of twelve petitioners |
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Prisoners = Minimum of thirty six petitioners |
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| 82.4 |
Legal requirement to pass on a petition for commission of inquiry |
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All corrections officers are duty bound to pass on a petition for commission of inquiry to the office of Commander of a corrections facility, or the Office of General Secretary of Corrections if the Commander is implicated in the allegation.
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Failure to pass on a petition for commission of inquiry within 21 days of receipt of the petition shall be grounds for dismissal of the corrections officer or officers concerned.
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However, where a petition involves accusations against either the Captain or the Commander of a Corrections Facility and such petition constitutes sufficient petitioners to represent grounds for a Full Commission of Inquiry, such failure itself shall constitute a serious crime.
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| 82.5 |
False accusations in petition a crime |
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The making of false accusations in a petition of commission of inquiry shall be considered a crime. |
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