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arbitration hearing involving charges which are also the subject of a criminal prosecution may be <br /> conducted prior to the termination of said criminal proceedings. <br /> (b). Failure to meet the time limits set out in subparagraph (a) shall not prohibit the <br /> City from imposing discipline for the offenses involved. <br /> Section 7. Photo Dissemination <br /> No photo of an employee under investigation shall be made available to the media prior <br /> to a criminal conviction or prior to an arbitrator's decision or Civil Service Commission decision. <br /> Section 8. Compulsion of Testimony <br /> The City shall not compel an employee under investigation to speak or testify before, or <br /> to be questioned by, any non-governmental agency relating to any matter or issue under <br /> 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 <br /> not be made available to the media unless a decision has been rendered by an arbitrator or the <br /> Civil 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 40/1 <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 /> 16 <br />