Common use of Duration of Records Clause in Contracts

Duration of Records. A. All disciplinary records will be maintained in each Member’s personnel file throughout the Member’s period of employment, with the exception that any records of oral reprimands will be removed from the file upon the request of the Member six (6) months after such was given if no further corrective action has occurred. For purposes of progressive and other discipline, and except as provided for below, written reprimands will be removed from the file upon the request of the Member one (1) year after such was given if no further corrective action has occurred; and suspensions will be removed from the file upon the request of the Member five (5) years after such was given if no further corrective action has occurred. None of the requirements of this Section shall require the removal of any documents in the event a civil or criminal action in which the material may be relevant is pending of threatened, by notice to the City, at the time or the Member’s request (regardless of whether the requesting member is a party to or the subject of the litigation, and it is reasonably anticipated that these records will be admitted as evidence or be the subject of permissible discovery) or where the material in question is ordered preserved by a court or administrative agency with jurisdiction over a case in which the material may be relevant. Disciplinary records, once removed from a Member’s file, will be stripped of member identifiable information and will be retained for a period to be determined by the City for various administrative purposes, including assisting the City in its diversity efforts, historical patterns of discipline and discharges, defenses against claims and allegations, identifying training needs, ensuring compliance with relevant laws, regulations, and guidelines, and revising rules and regulations. B. Notwithstanding this provisions of 10.6(A), oral reprimands will not be used for purposes of progressive and other discipline six (6) months after such was given if no further corrective action has occurred, written reprimands will not be used for purposes of progressive and other discipline one (1) year after such was given if no further corrective action has occurred; and suspensions will not be used for purposes of progressive and other discipline five (5) years after such was given if no further corrective action has occurred.

Duration of Records. A. All disciplinary records will shall be maintained in each Member’s member's personnel file throughout the Member’s his or her period of employment, with subject to the exception that any records following exceptions: A. Any record of oral reprimands will reprimand shall be removed from the file personnel file, upon the request of the Member six member, twelve (612) months after such action was given if no further corrective action has occurred. For purposes taken; B. Any record of progressive and other discipline, and except as provided for below, written reprimands will reprimand shall be removed from the file personnel file, upon the request of the Member one member, twenty-four (124) year months after such action was given if no further corrective action has occurredtaken; and suspensions will and C. Any record of suspension or reduction in pay shall be removed from the file personnel file, upon the request of the Member five member, thirty (5) years after such was given if no further corrective action has occurred. None of the requirements of this Section shall require the removal of any documents in the event a civil or criminal action in which the material may be relevant is pending of threatened, by notice to the City, at the time or the Member’s request (regardless of whether the requesting member is a party to or the subject of the litigation, and it is reasonably anticipated that these records will be admitted as evidence or be the subject of permissible discovery) or where the material in question is ordered preserved by a court or administrative agency with jurisdiction over a case in which the material may be relevant. Disciplinary records, once removed from a Member’s file, will be stripped of member identifiable information and will be retained for a period to be determined by the City for various administrative purposes, including assisting the City in its diversity efforts, historical patterns of discipline and discharges, defenses against claims and allegations, identifying training needs, ensuring compliance with relevant laws, regulations, and guidelines, and revising rules and regulations. B. Notwithstanding this provisions of 10.6(A), oral reprimands will not be used for purposes of progressive and other discipline six (630) months after such action was given if no further taken. D. Should the same type of corrective action has occurredbe taken for an offense of a same or similar nature against an member prior to the date of record removal specified in subsections (A), written reprimands will (B), or (C) of this section, the record removal date shall be extended for a like period of time as to the disciplinary record otherwise subject to removal under subsections (A), (B), (C) of this section. E. A copy of the disciplinary record removed from the personnel file shall be given to the member. The original of the disciplinary record shall not be retained in the member's personnel file. F. While the aforementioned timelines shall be used for the purposes of progressive discipline, all original disciplinary records shall be destroyed pursuant to the City's Records Retention Schedule. In any case in which an action of record is subsequently disaffirmed, the member's personnel file shall clearly indicated such disaffirmance. At the member's request, the City shall so expunge records of the case from the member's personnel file when such disaffirmance has occurred. In addition, unfounded or unsubstantiated allegations or complaints of misconduct made against a member and other discipline one (1) year after such was given if no appearing in the files of the Internal Affairs Bureau shall not be considered in further corrective action has occurred; and suspensions will not be used for purposes of progressive and other discipline five (5) years after such was given if no further corrective action has occurredaction, in future promotional considerations or future transfer considerations.

Duration of Records. A. Oral reprimands will be documented and will be retained by the Department in the Fire Chief’s administrative personnel file. All disciplinary records corrective actions of record, except oral reprimands, but including written reprimands, suspensions, reductions, or removals will be maintained in each Membermember’s Civil Service personnel file throughout the Member’s his/her period of employment. Copies of such corrective action of record shall be maintained in the Fire Chief’s administrative personnel file, with the exception that any following exceptions: (A) records of oral reprimands will be removed from the file upon the request of the Member six (6) months after such was given if no further corrective action has occurred. For purposes of progressive and other discipline, and except as provided for below, written reprimands will be removed from the administrative personnel file upon the written request of the Member member, not earlier than one (1) year after such was given if no further corrective disciplinary action has occurredoccurred within that one (1) year period; and and, (B) any records of suspensions of three (3) days or less will be removed from the administrative file upon the written request of the Member five member, not earlier than four (54) years after such was given if no further corrective disciplinary action has occurredoccurred within that four (4) year period. None of Written reprimands and suspensions so removed from the requirements of this Section administrative personnel file shall require be given to the removal of member. In any documents in the event a civil or criminal action case in which a written reprimand, suspension, reduction, or removal is disaffirmed through the material may be relevant is pending of threatenedgrievance procedure, by notice to the City, at the time or the Member’s request (regardless of whether the requesting member is a party to or the subject of the litigation, and it is reasonably anticipated that these records will be admitted as evidence or be the subject of permissible discovery) or where the material in question is ordered preserved by a court of competent jurisdiction, the personnel record shall clearly indicate such disaffirmation; in addition, unsubstantiated or administrative agency with jurisdiction over unproved allegations or complaints of misconduct made against a case member and appearing in which the material may be relevant. Disciplinary records, once removed from a Member’s file, will be stripped of member identifiable information and will be retained for a period to be determined by the City for various administrative purposes, including assisting files shall not be considered in future disciplinary action or promotional considerations. Upon written request of the City in its diversity efforts, historical patterns of discipline and discharges, defenses against claims and allegations, identifying training needs, ensuring compliance with relevant laws, regulations, and guidelines, and revising rules and regulations. B. Notwithstanding this provisions of 10.6(A)member, oral reprimands will not shall be used for purposes of progressive expunged from the Fire Chief’s administrative personnel file and other discipline returned to the member no later than six (6) months after such was given if issuance, provided no further corrective action discipline has occurred, written reprimands will not be used for been imposed. For purposes of determining the appropriate discipline under the progressive and other discipline one (1) year after such was given if policy, no further corrective action has occurred; and suspensions will not disciplinary actions removed or subject to removal from the Fire Chief’s administrative file shall be used for purposes of progressive and other discipline five (5) years after such was given if no further corrective action has occurredconsidered by the City Administration.