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such an exam shall not be admissible as evidence in proceedings before an arbitrator or the Civil <br /> Service Cornmission. <br /> Section 10. Media lnformation Restrictions <br /> Uniess a preliminary criminat offense report has been fited, and to the extent required by <br /> law, the identity of an employee under investigation,or the contents of the investigation, shall not <br /> be made available to the media unless a decision has been rendered by an arbitrator or the Civil <br /> Service Cammission. <br /> Section 11. Officers assigned to special assignments, may not be removed far <br /> discriminatory, arbitrary or capriciaus reasons, nor as discipline for incidents nat related to the <br /> duties of those positions. If an officer is removed for disciplinary reasans related to the duties of <br /> those pasitions, but not including perfarmance, efficiency, or cast, such removal shall be subject <br /> to the grievance and arbitration provisions in Article 20 of this agreement. <br /> Section 12. Pile Inspection <br /> The City shall abide by the provisions of the Persannel Record Review Act(820 ICS 40/I <br /> et seq.}; any violatian thereof, or remedy available there under, sha�I be subject to the grievance <br /> and arbitration sections of Article 20. It is agreed that any material not available for inspection <br /> shal] not be used in violation af said statute. <br /> Section 13. Use and Destructian af File Materia� <br /> A�nding of a sustained viotation with rio disciplinary action taken may be used for a periad <br /> of time not to exceed one(1)year and shall thereafter be removed from the ernployee's disciplinary <br /> history and sha11 not be used in support of,or as evidence af, adverse employment action. <br /> Unfounded or unsubstantiated internal investigations will nat be included in an afficer's <br /> personnel file but may remain part of his or her personnel record. Un-investigated, unfaunded or <br /> unsubstantiated internal investigations shall have no bearing whatsoever on any adverse <br /> employment actian against officers and shall have no bearing on an officer's performance <br /> evaluation{s), <br /> Information relating to a traffic accident involving a City vehicle may be used andlor <br /> considered in determining future discipline for a period of time not to exceed two (2) years fram <br /> the date of such traffic accident and shall thereafter not be used andlor considerec! in any <br /> employment action pravided there is no intervening traffic accident involving a City vehicle. If <br /> there is a subsequent traffic accident the two year period shall run from the date of the most recent <br /> accident and any prior accidents nat already rernoved from the file may be used and/or cansidered <br /> in employment actions. In no event shall any prior incident five (5) or more years ald be used or <br /> cansidered in any employment actian unless the incident involves a critninal violation that remains <br /> within the applicable statute af limitations. <br /> 1'1 <br />