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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 <br /> period of time not to exceed one (1) year and shall thereafter be removed from the employee's <br /> disciplinary history and shall not be used in support of, or as evidence of, adverse employment <br /> 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 far 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 /> there is a subsequent traffic accident the two year period shall run from the date of the most <br /> recent accident and any prior accidents not already removed from the file may be used and/or <br /> considered in employment actions. In no event shall any prior incident five (5) or more years old <br /> be used or considered in any employment action unless the incident involves a criminal violation <br /> that remains within the applicable statute of limitations. <br /> All information, documents, reports, etc. removed from an officer's file shall be turned <br /> over to the officer. <br /> 16 <br />