Common use of Government Code Clause in Contracts

Government Code. The Commission or the Hearing Examiner shall decide whether the specific 33 charge related to this Section is true. If the charge is found to be true, the Commission or 34 Hearing Examiner may affirm or reduce the suspension imposed by the Chief of Police to a 35 temporary suspension not to exceed 180 days. 36 37 Section 18. Access to IAD File 38 39 If an Officer appeals a disciplinary action, and provides a written request, the CITY will 40 provide to the Officer and his/her representative a copy of the unredacted IAD file within five (5) 41 business days of receiving the request. The file remains confidential in the hands of the Officer 42 and his/her representative to the extent the release of such information is still protected from 43 public disclosure by Local Government Code Section 143.089(g) or other law. Additionally, all 44 individuals who have access by virtue of this AGREEMENT to IAD files or investigative 45 information, including the information contained within the 143.089(g) files of Officers, shall be 46 bound to the same extent as the Austin Police Department and the City of Austin to comply with 1 the confidentiality provisions of this AGREEMENT, Chapter 143 of the Texas Local 2 Government Code, and the Texas Public Information Act. All such individuals shall further be 3 bound to the same extent as the Austin Police Department and the City of Austin to respect the 4 rights of individual Officers under the Texas Constitution and the Fourth, Fifth, and Fourteenth 5 Amendments to the U.S. Constitution, including not revealing information contained in a 6 compelled statement protected by the doctrine set forth in Xxxxxxx v. New Jersey, 385 U.S. 493 7 (1967), and Xxxxxxx x. Xxxxx, 000 X.X. 000 (1967). The Officer and his/her representative shall 8 not be provided information contained within an IAD file that is made confidential by a law 9 other than Chapter 143 of the Texas Local Government Code, such as records concerning 10 juveniles, sexual assault victims, and individuals who have tested positive for HIV. 11 12 14 ARTICLE 19

Government Code. The Commission or the Hearing Examiner shall decide whether the specific 33 charge related to this Section is true. If the charge is found to be true, the Commission or 34 Hearing Examiner may affirm or reduce the suspension imposed by the Chief of Police to a 35 temporary suspension not to exceed 180 days. 36 37 Section 18. Access to IAD File 38 39 If an Officer appeals a disciplinary action, and provides a written request, the CITY will 40 provide to the Officer and his/her representative a copy of the unredacted IAD file within five (5) 41 business days of receiving the request. The file remains confidential in the hands of the Officer 42 and his/her representative to the extent the release of such information is still protected from 43 public disclosure by Local Government Code Section 143.089(g) or other law. Additionally, all 44 individuals who have access by virtue of this AGREEMENT to IAD files or investigative 45 information, including the information contained within the 143.089(g) files of Officers, shall be 46 bound to the same extent as the Austin Police Department and the City of Austin to comply with 1 the confidentiality provisions of this AGREEMENT, Chapter 143 of the Texas Local 2 Government Code, and the Texas Public Information Act. All such individuals shall further be 3 bound to the same extent as the Austin Police Department and the City of Austin to respect the 4 rights of individual Officers under the Texas Constitution and the Fourth, Fifth, and Fourteenth 5 Amendments to the U.S. Constitution, including not revealing information contained in a 6 compelled statement protected by the doctrine set forth in Xxxxxxx Garrity v. New Jersey, 385 U.S. 493 7 (1967), and Xxxxxxx x. Xxxxx, 000 X.X. 000 385 U.S. 511 (1967). The Officer and his/her representative shall 8 not be provided information contained within an IAD file that is made confidential by a law 9 other than Chapter 143 of the Texas Local Government Code, such as records concerning 10 juveniles, sexual assault victims, and individuals who have tested positive for HIV. 11 12 14 ARTICLE 19