Common use of Internal Affairs Files Clause in Contracts

Internal Affairs Files. 1. If an LFRD-only Internal Affairs investigation is conducted, all records generated from that investigation shall be kept, 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 the IAD files shall be limited to: a) The volunteer, but only to the extent allowed by item 3 below b) Fire Chief, LFRD Department head or designees c) County Attorney or designee (need to know basis; i.e., when the volunteer is involved in litigation) 3. The Department will provide the volunteer and their representative any written statements (e.g., citizen complaints, department observations, etc.) in the possession of the MCFRS and used in connection with an adverse action taken against a bargaining unit member. 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 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

Internal Affairs Files. 1. If an LFRD-only LFRD-­‐only Internal Affairs investigation is conducted, all records generated from that investigation shall be kept, 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 the IAD files shall be limited to: a) The volunteer, but only to the extent allowed by item 3 below b) Fire Chief, LFRD Department head or designees c) County Attorney or designee (need to know basis; i.e., when the volunteer is involved in litigation) 3. The Department will provide the volunteer and their representative any written statements (e.g., citizen complaints, department observations, etc.) in the possession of the MCFRS and used in connection with an adverse action taken against a bargaining unit member. 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 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