Common use of Internal Affairs Files Clause in Contracts

Internal Affairs Files. 1. The Internal Affairs Division shall be the repository for the files. 2. Access to these files shall be limited to: a) The employee, but only to the extent allowed by item 3 below b) Fire Chief or designee c) County Attorney or designee (need to know basis; i.e., when the employee is involved in litigation) 3. The Department will provide the employee and the Union any written statements (e.g., citizen complaints, employee observations, etc.) in the possession of the department and used in connection with an adverse action taken against a bargaining unit employee. These statements will be sanitized (i.e., address, phone number deleted) to protect privacy rights in accordance with the law. 4. In cases involving complaints where the charges were deemed unsustained or unfounded, the files shall be expunged at the latter of three (3) years after the date the findings were made or any applicable statute of limitations or at the conclusion of any pending litigation. a. Files involving complaints where a charge was sustained shall be eligible for expungement at the latter of five (5) years or any applicable statute of limitations or at the conclusion of any pending litigation. b. The expungement method shall be the shredding of the physical file. In cases where more than one bargaining unit member is involved and one or more bargaining unit members is not entitled to expungement, the name of the bargaining unit member who is eligible for expungement will be redacted from those documents that refer to multiple bargaining unit members. Those documents that refer only to the bargaining unit member who is eligible for expungement shall be destroyed. c. The expungement of information from the electronic database shall consist of the electronic obliteration of the bargaining unit member’s name and identification number.

Internal Affairs Files. 1. The If an LFRD‐only Internal Affairs Division investigation is conducted, all records generated from that investigation shall be the repository for the fileskept, handled, and maintained according to that LFRD’s policies and procedures. If a joint IAD/LFRD investigation is conducted, all records generated from that investigation shall be kept by each entity according to their policies and procedures. 2. Access to these the IAD files shall be limited to: a) The employeevolunteer, but only to the extent allowed by item 3 below b) Fire Chief Chief, LFRD Department head or designeedesignees c) County Attorney or designee (need to know basis; i.e., when the employee volunteer is involved in litigation) 3. The Department will provide the employee volunteer and the Union their representative any written statements (e.g., citizen complaints, employee department observations, etc.) in the possession of the department MCFRS and used in connection with an adverse action taken against a bargaining unit employeemember. These statements will be sanitized (i.e., address, phone number deleted) to protect privacy rights in accordance with the law. 4. In cases involving complaints where the charges were deemed unsustained or unfoundedunfounded by IAD, the files shall be expunged at the latter of three (3) years after the date the findings were made or any applicable statute of limitations or at the conclusion of any pending litigation. a. Files involving complaints where a charge was sustained shall be eligible for expungement at the latter of five (5) years or any applicable statute of limitations or at the conclusion of any pending litigation. When documents are expunged from a volunteer’s file, in accordance with the criteria above, a notice shall be sent to the volunteer’s last known address. b. The expungement method shall be the shredding of the physical file. In cases where more than one bargaining unit member is involved and one or more bargaining unit members is not entitled to expungement, the name of the bargaining unit member who is eligible for expungement will be redacted from those documents that refer to multiple bargaining unit members. Those documents that refer only to the bargaining unit member who is eligible for expungement shall be destroyed. c. The expungement of information from the electronic database shall consist of the electronic obliteration of the bargaining unit member’s name name, identification number and identification numberLFRD affiliation.