Use and Destruction of File Material. All Disciplinary Investigation Files, Disciplinary History Card Entries, Office of Professional Standards or Independent Police Review Authority disciplinary records, and any other disciplinary record or summary of such record other than Police Board cases, will be purged from the online file system five (5) years after the date of the incident or the date upon which the violation is discovered, whichever is longer, and, therefore, will not be used against the Captain in any future disciplinary proceedings, unless the investigation relates to a matter which has been subject to either civil or criminal court litigation or arbitration prior to the expiration of the five- (5-) year period. In such instances, the Complaint Register case files will be purged from the online file system five (5) years after the date of the final arbitration award or the final court adjudication, unless a pattern of sustained infractions exists. Any information of an adverse employment nature which may be contained in any unfounded or exonerated file shall not be used against the Captain for any reason. A not sustained finding shall not be used against the Captain in any disciplinary proceeding or in the removal from the rank of Captain (SES). A finding of “Sustained–Violation Noted, No Disciplinary Action” entered upon a Captain’s disciplinary record or any record of summary punishment may be used for a period of time not to exceed one (1) year and shall thereafter be removed from the Captain’s disciplinary record and not used for disciplinary action. The Department’s finding of “Sustained–Violation Noted, No Disciplinary Action” is not subject to the grievance procedure. Information relating to a “preventable” traffic accident involving a Department vehicle may be used and/or considered in determining future discipline for a period of time not to exceed two (2) years from the date of such “preventable” traffic accident and shall thereafter not be used and/or considered in any employment action, provided there is no intervening “preventable” traffic accident involving a Department vehicle, and if there is, the two- (2-) year period shall continue to run from the date of the most recent “preventable” traffic accident and any prior incidents which were determined to be “preventable” traffic accidents may be used and/or considered in employment actions. In no event shall any prior “preventable” traffic accident five (5) or more years old be used and/or considered.
Use and Destruction of File Material. A finding of a sustained violation with no disciplinary action taken may be used for a period of time not to exceed one (1) year and shall thereafter be removed from the employee's disciplinary history and shall not be used in support of, or as evidence of, adverse employment action. Unfounded or unsubstantiated internal investigations will not be included in an officer's personnel file but may remain part of his or her personnel record. Un-investigated, unfounded or unsubstantiated internal investigations shall have no bearing whatsoever on any adverse employment action against officers and shall have no bearing on an officer's performance evaluation(s). Information relating to a traffic accident involving a City vehicle may be used and/or considered in determining future discipline for a period of time not to exceed two (2) years from the date of such traffic accident and shall thereafter not be used and/or considered in any employment action provided there is no intervening traffic accident involving a City vehicle. If there is a subsequent traffic accident the two year period shall run from the date of the most recent accident and any prior accidents not already removed from the file may be used and/or considered in employment actions. In no event shall any prior incident five (5) or more years old be used or considered in any employment action unless the incident involves a criminal violation that remains within the applicable statute of limitations. All information, documents, reports, etc. removed from an officer's file shall be turned over to the officer.
Use and Destruction of File Material. Disciplinary investigation files will be destroyed by the Employer five (5) years after the date of the incident or the date upon which the violation is discovered, whichever is longer, unless the investigation relates to a matter which has been subject to either civil or criminal court litigation prior to the expiration of the five year period. In such instances, the Complaint case files normally will be destroyed five years after the date of the final court adjudication, unless a pattern of sustained infractions exists. Any information of an adverse employment nature which may be contained in any unfounded, exonerated or otherwise not sustained file, shall not be used against the officer in any future proceedings. Any record of summary punishment other than suspension may be used for a period of time not to exceed nine (9) months and shall thereafter not be used to support or as evidence of adverse employment action.
Use and Destruction of File Material. Disciplinary Investigation Files will be not used two (2) years after the date of the incident or the date upon which the violation is discovered, whichever is longer, unless a pattern of similar infractions exists within two (2) years of the date of the incident.
Use and Destruction of File Material. Information relating to a traffic accident involving a County vehicle may be used and/or considered in determining future discipline for a period of time not to exceed two (2) years from the date of such traffic accident and shall thereafter not be used and/or considered in any employment action provided there is no intervening traffic accident involving a County vehicle, if there is a subsequent traffic accident the two year period shall run from the date of the most recent accident and any prior accidents not already removed from the file may be used and/or considered in employment actions. In no event shall any prior incident traffic accident five (5) or more years old be used or considered in any employment action.
Use and Destruction of File Material. Changes limiting the use of Letters of Caution to extend discipline, and retention of same in the employee’s record/file.
Use and Destruction of File Material. Any files, as defined in section 12.1, including any materials contained therein, maintained by the Employer containing disciplinary material and/or information relating to an employee covered by this Agreement, except as may be ordered by a Court in a pending case, shall be destroyed consistent with application #99:267 from the Illinois Local Records Commission and State Archives Office, unless the investigation relates to a matter which has been subject to either civil or criminal court litigation, or a pattern of sustained infractions exist. Any record of summary punishment may be used for a period of time not to exceed two years and shall thereafter not be used to support or as evidence of adverse employment action.
Use and Destruction of File Material. All Disciplinary Investigation files, Disciplinary History Card Entries, OPS and IAD disciplinary records, and any other disciplinary record or summary of such record other than Police Board cases, will be destroyed five (5) years after the date of the incident or the date upon which the violation is discovered, whichever is longer, except that not sustained files alleging criminal conduct or excessive force shall be retained for a period of seven
