Common use of Duration of Records Clause in Contracts

Duration of Records. (A) Upon written request to the Chief of Police, a bargaining unit member shall have the record of any reprimands removed from the personnel file provided there have been no related reprimands or corrective actions for a continuous period of twelve (12) months. The letter of request shall not be maintained in the member’s personnel file. In any case in which a written reprimand, reduction, suspension, or removal is disaffirmed through the Grievance Procedure or court of competent jurisdiction, the personnel record shall clearly indicate such disaffirmance. In addition, complaints not sustained, exonerated or unfounded made against a bargaining unit member shall not be placed in the member's personnel file and shall not be considered in future corrective actions or promotional considerations and shall not be shared outside the Police Division. (B) Corrective actions resulting in either suspension or removal shall be maintained in the bargaining unit member's file throughout their employment unless, after two (2) years from the date of the corrective action, the member submits a written request to the Chief of Police for its removal. Such request will be granted, provided there have been no further written reprimands or suspensions. The written request shall not be maintained in the member’s personnel file and all records of the suspension or removal shall be removed from the personnel file. After one year from the date of issuance of the corrective action the bargaining unit member may petition to the Chief of Police to have the corrective action removed from the file. The Chief of Police has sole discretion to act upon the request. (C) Once corrective actions have been removed from the bargaining unit member's personnel file they may not be used in subsequent corrective actions for the purpose of showing progressive corrective action.

Duration of Records. (A) Upon written request to the Chief of Police, a bargaining unit member All disciplinary records shall have the record of any reprimands removed from the personnel file provided there have been no related reprimands or corrective actions for a continuous period of twelve (12) months. The letter of request shall not be maintained in the member’s personnel file. In any case in which a written reprimand, reduction, suspension, or removal is disaffirmed through the Grievance Procedure or court of competent jurisdiction, the personnel record shall clearly indicate such disaffirmance. In addition, complaints not sustained, exonerated or unfounded made against a bargaining unit member shall not be placed in the each member's personnel file and shall not be considered in future corrective actions throughout his or promotional considerations and shall not be shared outside the Police Division. (B) Corrective actions resulting in either suspension or removal shall be maintained in the bargaining unit member's file throughout their employment unlessher period of employment, after two (2) years from the date of the corrective action, the member submits a written request subject to the Chief following exceptions: A. Any record of Police for its removal. Such request will be granted, provided there have been no further written reprimands or suspensions. The written request shall not be maintained in the member’s personnel file and all records of the suspension or removal oral reprimand shall be removed from the personnel file. After one year , upon the request of the member, twelve (12) months after such action was taken; B. Any record of written reprimand shall be removed from the personnel file, upon the request of the member, twenty-four (24) months after such action was taken; and C. Any record of suspension or reduction in pay shall be removed from the personnel file, upon the request of the member, thirty (30) months after such action was taken. D. Should the same type of corrective action be taken for an offense of a same or similar nature against a member prior to the date of issuance record removal specified in subsections (A), (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 corrective action the bargaining unit member may petition to the Chief of Police to have the corrective action disciplinary record removed from the filepersonnel file shall be given to the member. The Chief original of Police has sole discretion to act upon the requestdisciplinary record shall not be retained in the member's personnel file. (C) Once corrective actions have been removed from F. While the bargaining unit 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 they may 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 appearing in the files of the Internal Affairs Bureau shall not be used considered in subsequent corrective actions for the purpose of showing progressive further corrective action, in future promotional considerations or future transfer considerations.

Duration of Records. (A) Upon written request to the Chief of Police, a bargaining unit member All disciplinary records shall have the record of any reprimands removed from the personnel file provided there have been no related reprimands or corrective actions for a continuous period of twelve (12) months. The letter of request shall not be maintained in the member’s personnel file. In any case in which a written reprimand, reduction, suspension, or removal is disaffirmed through the Grievance Procedure or court of competent jurisdiction, the personnel record shall clearly indicate such disaffirmance. In addition, complaints not sustained, exonerated or unfounded made against a bargaining unit member shall not be placed in the each member's personnel file and shall not be considered in future corrective actions throughout his or promotional considerations and shall not be shared outside the Police Division. (B) Corrective actions resulting in either suspension or removal shall be maintained in the bargaining unit member's file throughout their employment unlessher period of employment, after two (2) years from the date of the corrective action, the member submits a written request subject to the Chief following exceptions: A. Any record of Police for its removal. Such request will be granted, provided there have been no further written reprimands or suspensions. The written request shall not be maintained in the member’s personnel file and all records of the suspension or removal oral reprimand shall be removed from the personnel file. After one year , upon the B. Any record of written reprimand shall be removed from the personnel file, upon the request of the member, twenty-four (24) months after such action was taken; and C. Any record of suspension or reduction in pay shall be removed from the personnel file, upon the request of the member, thirty (30) months after such action was taken. D. Should the same type of corrective action be taken for an offense of a same or similar nature against an member prior to the date of issuance record removal specified in subsections (A), (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 corrective action the bargaining unit member may petition to the Chief of Police to have the corrective action disciplinary record removed from the filepersonnel file shall be given to the member. The Chief original of Police has sole discretion to act upon the requestdisciplinary record shall not be retained in the member's personnel file. (C) Once corrective actions have been removed from F. While the bargaining unit 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 they may 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 appearing in the files of the Internal Affairs Bureau shall not be used considered in subsequent corrective actions for the purpose of showing progressive further corrective action, in future promotional considerations or future transfer considerations.