Common use of Use and Destruction of File Material Clause in Contracts

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. All Disciplinary Investigation Filesdisciplinary investigation files, Disciplinary History Card Entriesdisciplinary history card entries, Office of Professional Standards or Independent Police Review Authority IPRA and IAD disciplinary records, and any other disciplinary record or summary of such record other than records related to Police Board cases, will be purged from the online file system destroyed five (5) years after the date of the incident or the date upon which the violation is discovered, whichever is longer, andexcept that not sustained files alleging criminal conduct or excessive force shall be retained for a period of seven (7) years after the date of the incident or the date upon which the violation is discovered, thereforewhichever is longer, will and thereafter, cannot be used against the Captain Officer in any future disciplinary proceedingsproceedings in any other forum, except as specified below, 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 normally will be purged from the online file system five (5) years destroyed immediately 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 unfounded, exonerated, or exonerated file otherwise not sustained file, shall not be used against the Captain for Officer in any reasonfuture proceedings. A Information contained in files alleging excessive force or criminal conduct which are not sustained finding shall not may be used against the Captain in any future disciplinary proceeding or in the removal from the rank of Captain (SES)proceedings to determine credibility and notice. A finding of “Sustained–"Sustained — Violation Noted, No Disciplinary Action” " entered upon a Captain’s member's disciplinary record or any record of summary punishment 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 Officer's disciplinary record and not used for disciplinary to support or as evidence of adverse employment action. The Department’s 's finding of “Sustained–"Sustained — Violation Noted, No Disciplinary Action” " is not subject to the grievance procedure. Reprimands and suspensions of one (1) to five (5) days will stay on the Officer’s disciplinary history for a period of three (3) years from the last date of suspension or date of reprimand, or five (5) years from the date of the incident, whichever is earlier. Information relating to a “preventable” preventable traffic accident involving a Department vehicle 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” preventable traffic accident and shall thereafter not be used and/or considered in any employment action, action provided there is no intervening “preventable” preventable traffic accident involving a Department vehicle, Vehicle and if there is, the two- (2-) two-year period shall continue to run from the date of the most recent “preventable” 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 incident five (5) or more years old be used and/or considered.

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 Lieutenant 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 Lieutenant for any reason. A not sustained finding shall not be used against the Captain Lieutenant in any disciplinary proceeding or in the removal from the rank of Captain (SES)proceeding. A finding of “"Sustained–—Violation Noted, No Disciplinary Action” " entered upon a Captain’s Lieutenant'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 Lieutenant's disciplinary 1073492.1 record and not used for disciplinary action. The Department’s '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. 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 Lieutenant 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 Lieutenant for any reason. A not sustained finding shall not be used against the Captain Lieutenant in any disciplinary proceeding or in the removal from the rank of Captain (SES)proceeding. A finding of “Sustained–Violation Noted, No Disciplinary Action” entered upon a CaptainLieutenant’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 CaptainLieutenant’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. All Disciplinary Investigation Filesdisciplinary investigation files, Disciplinary History Card Entriesdisciplinary history card entries, Office of Professional Standards or Independent Police Review Authority and Internal Affairs Division disciplinary records, and any other disciplinary record or summary of such record other than records related to Police Board cases, will be purged from the online file system destroyed five (5) years after the date of the incident or the date upon which the violation is discovered, whichever is longer, andexcept that not sustained files alleging criminal conduct or excessive force shall be retained for a period of seven (7) years after the date of the incident or the date upon which the violation is discovered, thereforewhichever is longer, will and thereafter, cannot be used against the Captain officer in any future disciplinary proceedingsproceedings in any other forum, except as specified below, 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 normally will be purged from the online file system five (5) years destroyed immediately 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 unfounded, exonerated, or exonerated file otherwise not sustained file, shall not be used against the Captain for officer in any reasonfuture proceedings. A Information contained in files alleging excessive force or criminal conduct which are not sustained finding shall not may be used against the Captain in any future disciplinary proceeding or in the removal from the rank of Captain (SES)proceedings to determine credibility and notice. A finding of “Sustained–Sustained – Violation Noted, No Disciplinary Action” entered upon a Captainmember’s disciplinary record or any record of summary punishment Summary Punishment may be used for a period of time not to exceed one (1) year and shall thereafter be removed from the Captainofficer’s disciplinary record and not used for disciplinary to support or as evidence of adverse employment action. The Department’s finding of “Sustained–Sustained – Violation Noted, No Disciplinary Action” is not subject to the grievance procedure. Information relating to a “preventable” preventable traffic accident involving a Department vehicle 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” preventable traffic accident and shall thereafter not be used and/or considered in any employment action, action provided there is no intervening “preventable” preventable traffic accident involving a Department vehicle, Vehicle and if there is, the two- (2-) two-year period shall continue to run from the date of the most recent “preventable” 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 incident five (5) or more years old be used and/or considered.