14.00.060     MAINTENANCE OF DISCIPLINARY RECORDS                    (CALEA 26.1.8)

 

Location

 

Written discipline records are maintained in the Office of Professional Standards.  A copy of the final discipline record is maintained in the employee’s personnel file in Human Resources.

 

Retention

 

The Office of Professional Standards retains the record of a sustained investigation for six years unless it is a record of serious misconduct as defined in 14.00.010.  Records of serious misconduct are retained until further order of the Chief of Police.   The Office of Professional Standards retains the record of a completely exonerated, not-sustained, unfounded, exceptional, or policy review investigation for thirty days after the finding is made or until further order of the Chief of Police.

 

The Human Resource Personnel File retains the record according to state law and city policy unless the Chief of Police grants the employee’s request to purge the record from the Personnel File.  Employees may submit a written request for the record to be purged from the Personnel File if:

 

v      It is a written reprimand and three years have expired with no additional sustained violations.

 

v      It is more severe discipline and five years have expired with no additional sustained violations.

 

Use

 

Records of discipline may not be used in any future decisions related to the employee’s performance, promotion, or other career development consideration after three years have expired with no additional sustained violations.

 

Records of discipline may be used in future discipline:

 

v      If less than  three years have expired since the discipline was imposed,

 

v      If it is serious misconduct as designated by this policy, or

 

v      Upon the agreement of the employee, Union, or Guild (such as a last chance agreement)