Common use of Access to Records by Officers Clause in Contracts

Access to Records by Officers. a) Not less than forty eight (48) hours before the Officer who is the subject of an investigation provides a statement to an investigator, the Officer shall be provided a copy of the complaint(s). The Department may omit the name and/or identity of the person making the complaint. In the event that the complaint(s) does not contain all allegations of misconduct under investigation, not less than forty eight (48) hours before the investigator begins the initial oral or written interrogation of the Officer, the investigator must inform the Officer in writing of the additional allegations being investigated. This paragraph does not apply to a Dismissal Review Hearing or any other administrative hearing conducted for the purpose of determining whether the Department shall take disciplinary action against an Officer for alleged misconduct. b) Before the Officer who is the subject of an investigation provides a statement to an investigator, the Officer and his representative shall be provided an opportunity to review any videotape, photograph, or other recording of the operative conduct or alleged injuries, if any, which is the subject of the allegations if such recording is within the possession or control of the Department. c) An Officer is entitled to a copy of his or her statement to the Internal Affairs Division at the time when the statement is finalized and signed by the Officer, but the statement remains confidential in the hands of the Officer pursuant to 143.089(g), APD policy, and orders of non-communication about internal investigations, except for consultations with counsel and/or ASSOCIATION representatives who are not involved in the investigation. d) Before the Officer who is the subject of an investigation provides a statement to an investigator, the Officer and his representative shall be allowed to review the portions of any document(s) in which it is alleged that the Officer provided false, incomplete, inconsistent, or conflicting information, or in which it is alleged that the Officer omitted information in violation of any law or Department policy. e) Before the Officer who is the subject of an investigation provides a statement to an investigator, the Officer and his representative shall be allowed to review any report, supplement, use of force report, or other statement recorded or written by the Officer, setting forth particulars or facts regarding the operative conduct which is the subject of the allegation(s). f) Not less than forty eight (48) hours before a Dismissal Review Hearing (or any other administrative hearing conducted for the purpose of determining whether the Department shall take disciplinary action against an officer for alleged misconduct): (i) The Officer and his representative shall be allowed up to eight hours to review any and all evidence gathered or obtained during the investigation. The evidence available for review shall include the IA summary, if any; and (ii) The Department shall provide written notice of the alleged policy violations and the specific range of discipline being considered. The Chief of Police shall not be restricted to the alleged policy violations and/or the range of discipline provided pursuant to this Subsection in making the final decision as to discipline, if any. g) When the Chief of Police is notified that the Panel plans to review a case involving a “critical incident” or an allegation of a civil rights violation, the Officer and his representative shall be given an opportunity to meet with the Internal Affairs investigator and review witness statements and photographic or videotape evidence contained in the IA file, for up to eight hours. h) Neither the Officer nor his representative will be permitted to make copies of any witness statements, audio tapes, photographic or videotape evidence reviewed; however, they may take written notes only, provided that they comply with the confidentiality and use provisions in Section 6. i) Nothing in this Article shall be construed as requiring the Department to provide or make available for review by the Officer or his representative any evidence from criminal investigations by unless that evidence is a part of the Internal Affairs Division administrative file. No criminal investigation material that is part of the Internal Affairs Department case file can be released if there is a pending criminal investigation or judicial proceeding.

Access to Records by Officers. a) Not less than forty eight (48) hours before the Officer officer who is the subject of an investigation provides a statement to an investigator, the Officer officer shall be provided a copy of the complaint(s). The Department may omit the name and/or identity of the person making the complaint. In the event that the complaint(s) does not contain all allegations of misconduct under investigation, not less than forty eight (48) hours before the investigator begins the initial oral or written interrogation of the Officerofficer, the investigator must inform the Officer officer in writing of the additional allegations being investigated. This paragraph does not apply to a Dismissal Review Hearing or any other administrative hearing conducted for the purpose of determining whether the Department shall take disciplinary action against an Officer for alleged misconduct. b) Before the Officer officer who is the subject of an investigation provides a statement to an investigator, the Officer officer and his representative shall be provided an opportunity to review any videotape, photograph, or other recording of the operative conduct or alleged injuries, if any, which is the subject of the allegations if such recording is within the possession or control of the Department. c) An Officer officer is entitled to a copy of his or her statement to the Internal Affairs Division at the time when the statement is finalized and signed by the Officerofficer, but the statement remains confidential in the hands of the Officer officer pursuant to 143.089(g), APD policy, and orders of non-communication about internal investigations, except for consultations with counsel and/or ASSOCIATION representatives who are not involved in the investigationcounsel. d) Before the Officer officer who is the subject of an investigation provides a statement to an investigator, the Officer officer and his representative shall be allowed to review the portions of any document(s) in which it is alleged that the Officer officer provided false, incomplete, inconsistent, or conflicting information, or in which it is alleged that the Officer officer omitted information in violation of any law or Department policy. e) Before the Officer officer who is the subject of an investigation provides a statement to an investigator, the Officer officer and his representative shall be allowed to review any report, supplement, use of force report, or other statement recorded or written by the Officerofficer, setting forth particulars or facts regarding the operative conduct which is the subject of the allegation(s). f) Not less than forty eight (48) hours before a Dismissal Review Hearing (or any other administrative hearing conducted for the purpose of determining whether the Department shall take disciplinary action against an officer for alleged misconduct): (i) The Officer ), the officer and his representative shall be allowed up to eight hours to review any and for five (5) hours all evidence gathered or obtained during the investigation, and not previously reviewed by the officer pursuant to this Section. The evidence available for review shall not include the IA any investigator’s summary, if any; and (ii) The Department shall provide written notice of the alleged policy violations and the specific range of discipline being considered. The Chief of Police shall not be restricted to the alleged policy violations and/or the range of discipline provided pursuant to this Subsection in making the final decision as to discipline, if any. g) When the Chief of Police is notified that the Panel plans to review a case involving a “critical incident” or an allegation of a civil rights violation, the Officer officer and his representative shall be given an opportunity to meet with the Internal Affairs investigator and review witness statements and photographic or videotape evidence contained in the IA file, for a period of up to eight five (5) hours. h) Neither the Officer officer nor his representative will be permitted to make copies of any witness statements, audio tapes, photographic or videotape evidence reviewed; however, they may take written notes only, provided that they comply with the confidentiality and use provisions in Section 6. i) Nothing in this Article shall be construed as requiring the Department to provide or make available for review by the Officer officer or his representative any evidence from criminal investigations by the Austin Police Department unless that evidence is a part of the Internal Affairs Division administrative file. No criminal investigation material that is part of the Internal Affairs Department case file can be released if there is a pending criminal investigation or judicial proceeding.