Common use of USE OF RECORDS Clause in Contracts

USE OF RECORDS. All Division records of corrective/disciplinary actions shall be maintained in the following manner: (A) A documented constructive counseling shall not be relied upon for any administrative purpose after one (1) year, so long as there is no subsequent corrective/disciplinary action during the one (1) year period. (B) Actions of record shall be maintained in each member's Division master personnel file throughout his/her employment, with the exception that, at the member's written request to the Chief of Police and after two (2) years from the date of the action, fleet safety records and written reprimands shall have no further force and effect provided no further action of record has occurred. Written reprimands and safety records shall remain a part of the member's Division master personnel file and maintained by the Division of Police until these materials can be legally destroyed in accordance with all applicable Federal, State, and local laws. (C) Actions of record (except for Fleet Safety Records and written reprimands) shall be maintained in each member's Division Master Personnel File throughout his/her employment. However, a member may, in writing, through his/her chain of command, request to the Chief of Police that such action of record have no further force or effect, provided no further action of record of the same or similar nature has occurred within three (3) years after the date of the incident which gave rise to the action. The Chief of Police shall grant such a request (and so note on the record of action) unless the incident was of a serious nature, as determined by the Chief. (D) In any case in which a documented constructive counseling, reprimand, suspension, or dismissal is overturned, the personnel record shall clearly indicate the same. In addition, not investigated or not sustained allegations or complaints of misconduct made against a member and appearing in Internal Affairs Bureau files shall not be considered in future corrective actions or future promotion consideration.

USE OF RECORDS. All Division records of corrective/disciplinary actions shall be maintained in the following manner: (A) When a supervisor determines that corrective/disciplinary action is necessary, the supervisor shall follow the principles of progressive corrective/disciplinary action as outlined in Section 8.4 of this Article. A documented constructive counseling shall not be relied upon for any administrative purpose after one nine (19) yearmonths, so long as there is no subsequent corrective/disciplinary action during the one nine (19) year month period. If there is subsequent corrective/disciplinary action, the time period shall be extended. (B) Actions of record shall be maintained in each member's Division master personnel file throughout his/her employment, with the exception that, at the member's written request to the Chief of Police and after two three (23) years from the date of the action, fleet safety records and written reprimands shall have no further force and effect provided no further action of record has occurred. Written reprimands and safety records shall remain a part of the member's Division master personnel file and maintained by the Division of Police until these materials can be legally destroyed in accordance with all applicable Federal, State, and local laws.and (C) Actions of record (except for Fleet Safety Records and written reprimands) shall be maintained in each member's Division Master Personnel File throughout his/her employment. However, a member may, in writing, through his/her chain of command, request to the Chief of Police that such action of record have no further force or effect, provided no further action of record of the same or similar nature has occurred within three four (34) years after the date of the incident which gave rise to the action. The Chief of Police shall grant such a request (and so note on the record of action) unless the incident was of a serious nature, as determined by the Chief. (D) In any case in which a documented constructive counseling, reprimand, suspension, or dismissal is overturned, the personnel record shall clearly indicate the same. In addition, not investigated unfounded or not sustained allegations or complaints of misconduct made against a member and appearing in Internal Affairs Bureau files shall not be considered in future corrective actions or future promotion consideration.