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The City shall not compel an employee under investigation to speak or testify before,or to <br /> be questioned by,any non-governmental agency relating to any matter or issue under investigation. <br /> Section 9. Polygraph <br /> No employee shall be disciplined for refusing to take a polygraph exam and the results of <br /> such an exam shall not be admissible as evidence in proceedings before an arbitrator or the Civil <br /> Service Commission. <br /> Section 10. Media Information Restrictions <br /> Unless a preliminary criminal offense report has been filed, 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 Commission. <br /> Section 11. Officers assigned to special assignments, may not be removed for <br /> discriminatory, arbitrary or capricious reasons, nor as discipline for incidents not related to the <br /> duties of those positions. If an officer is removed for disciplinary reasons related to the duties of <br /> those positions, but not including performance, efficiency, or cost, such removal shall be subject <br /> to the grievance and arbitration provisions in Article 20 of this agreement. <br /> Section 12. File Inspection <br /> The City shall abide by the provisions of the Personnel Record Review Act(820 ICS 40/I <br /> et seq.); any violation thereof, or remedy available there under, shall be subject to the grievance <br /> and arbitration sections of Article 20. It is agreed that any material not available for inspection <br /> shall not be used in violation of said statute. <br /> Section 13. Use and Destruction of File Material <br /> A finding of a sustained violation with no disciplinary action taken may be used for a period <br /> of time not to exceed one(1)year and shall thereafter be removed from the employee's disciplinary <br /> history and shall not be used in support of, or as evidence of, adverse employment action. <br /> Unfounded or unsubstantiated internal investigations will not be included in an officer's <br /> personnel file but may remain part of his or her personnel record. Un-investigated, unfounded or <br /> unsubstantiated internal investigations shall have no bearing whatsoever on any adverse <br /> employment action 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 and/or <br /> considered in determining future discipline for a period of time not to exceed two (2) years from <br /> the date of such traffic accident and shall thereafter not be used and/or considered in any <br /> employment action provided there is no intervening traffic accident involving a City vehicle. If <br /> 17 <br />