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In the event that a supervisor finds it necessary to verbally reprimand a Command Officer, the Command Officer shall be made aware that a record of such reprimand is being maintained in the supervisor's files or records. The supervisor shall provide the Command Officer with a copy of the supervisor's notations. The Command Officer shall acknowledge receipt of same by signing and dating the original copy of the record. The Command Officer shall be given the opportunity to review the contents of such files or records with the supervisor.
In the event that a verbal or written reprimand is issued that is to be made part of the official personnel record of the Command Officer, then the Command Officer shall have five (5) work days in which to request, in writing, a hearing before the Chief or his designee if he so desires.
If the matter cannot be resolved at such hearing, the Command Officer shall have the right to appeal, in writing, to the Director of Public Safety, within five (5) work days after the Chief's decision. The written appeal shall not exceed four (4) typed, double spaced pages. The Director shall consider such appeal and render a decision within ten (10) work days after his receipt of the written appeal. The decision of the Director of Public Safety shall be final.
When it becomes necessary for a supervisor to reprimand a Command Officer, it shall be done with discretion in a manner as not to cause public embarrassment to the Command Officer. However, this does not preclude supervisors from taking immediate action to resolve an ongoing situation.
Counseling is not a disciplinary step and should not be used when employees are in direct violation of Department guidelines, policies, rules and procedures. Counseling shall be regarded as a suitable step of retraining dealing with employees who, by their actions have shown lack of understanding of Department guidelines, policies, rules and procedures. It is to be understood that counseling is to be considered as retraining and shall not be used in a punitive nature (i.e. considered negatively when the Command Officer is being considered for promotion or assignment transfer).
When it becomes necessary for a supervisor to counsel an employee, it shall be done in private in a manner which will not cause embarrassment to the employee. The employee shall be made aware that a record of such counseling is being maintained in the supervisor's files or records and the employee shall be given a copy of the supervisor's notation. The employee shall acknowledge receipt of same by signing and dating the original copy.
All counseling records shall be removed from files after a period of one (1) year from date of issuance.
Any Command Officer shall be permitted to review his/her Personal Service Records, and shall receive, at his/her request, a copy of all additions thereto. The Personal Service Record of a Command Officer is to be cleared of any offenses by the following schedule:
(a) All reprimands shall be removed from the record after two (2) years from the date of the reprimand provided no further disciplinary action has occurred during that time. If further discipline has occurred, the reprimand will be held in the Personal Service Record for an additional time period not to exceed six (6) months beyond the original two (2) year time period.
(b) All suspensions of less than thirty (30) days shall be removed from the Personal Service Record after three (3) years from the date of the suspension provided no further disciplinary action has occurred during that time. If further discipline has occurred, the suspension will be held in the Personal Service Record for an additional time period not to exceed six (6) months beyond the original three (3) year time period.
(c) Any suspension of thirty (30) days or more shall be removed from the Personal Service Record after five (5) years from the date of the suspension provided no further disciplinary action has occurred during that time. If further discipline has occurred, the suspension will be held in the Personal Service Record for an additional time period not to exceed six (6) months beyond the original five (5) year time period.
(d) Reprimands, as set forth in (a) above, may be removed after one (1) year from the date of the reprimand at the discretion of the Chief of Police. Suspensions, as set forth in (b) and (c) above, may be removed after two (2) years at the discretion of the Chief.
It shall be the responsibility of the Command Officer to request that the Chief of Police consider the expungement of those documents as defined within this section.
The City shall destroy all Internal Affairs investigative files relating to Command Officers according to the following schedule:
Documents from investigations resulting in suspensions of more than thirty (30) days: Five (5) years.
All other documents relating to investigations of Command Officers: Four (4) years.
The above period shall commence upon issuance of the reprimand, Safety Director's decision, or the Chief's decision when it is accepted. In investigations resulting in a finding of exonerated, non-sustained, or unfounded, the period shall commence upon such finding.
The City may maintain a statistical record showing numbers, types, and levels of discipline and a statistical profile of officers disciplined, but shall not maintain any records identifying individual officers beyond the specified periods.
If the Association intends to introduce any disciplinary records at any appeal hearing that are not available to the City because they have been destroyed under this Section, the Association shall provide those records in advance to the City, and the admissibility of those records shall be determined by the Administrative Hearing Officer and/or arbitrator.
Any Command Officer whose removal from the service is sought may resign at any time prior to the hearing in front of the Director of Public Safety or the decision of the Director if no hearing is held. Said decision shall not be rendered sooner than five (5) work days after the decision of the Chief of Police is rendered. The Command Officer's work record shall then show that he resigned of his own accord. Upon request, a copy of said work record shall be furnished to the Command Officer upon his resignation.
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