Does the CBA regulate processes for retaining officer disciplinary records?

Topic: Evidence and records

CBAs marked "Yes" address a given topic or question or "No" do not address that topic or question. Or there is no CBA, the CBA is unknown, or a FOIA request was denied.

District Answer
Alaska NO
Anchorage, AK YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Oral Reprimand, Written Reprimand, Suspension, including Internal Affairs records;
Timeline: "Oral Reprimand, Written Reprimand, Suspension, Demotion or Disciplinary
Transfer: One year after the date of imposition of an oral reprimand or written reprimand, and two (2) years after the imposition of a suspension, demotion or disciplinary transfer.";
Access and use: not open to public, under Alaska law;
Use in decisions: N/A
Alabama NO CBA
Birmingham, AL NO CBA
Arkansas NO CBA
Arizona NO CBA
Chandler, AZ YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Written reprimands, suspensions, and letters, letters of instruction and counseling statements;
Timeline: Written reprimands, suspensions, and letters of admonishment after three (3) years, letters of instruction and counseling statements after one (1) year;
Access and use: N/A;
Use in decisions: N/A
Gilbert, AZ NO CBA
Glendale, AZ NO
Mesa, AZ NO CBA
Phoenix, AZ YES
Summary: Record storage: City-specific database;
Storage authority: N/A;
Types of records: Discipline
Timeline: N/A;
Access and use: Employees have access;
Use in decisions: Most discipline will not be considered after 5 years
Scottsdale, AZ NO CBA
Tucson, AZ NO
California NO
Anaheim, CA NO
Bakersfield, CA NO
Chula Vista, CA NO
Fremont, CA NO
Fresno, CA NO
Irvine, CA YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Personnel files;
Timeline: N/A;
Access and use: Employees have the right to request that adverse material be removed from their personnel files;
Use in decisions: N/A
Long Beach, CA NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Documented counseling;
Timeline: Documents related to "counseling and retraining shall be removed from an employee’s personnel files within one year";
Access and use: N/A;
Use in decisions: N/A
Los Angeles, CA NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Notice to Correct Deficiencies (NTCD);
Timeline: Notice to Correct Deficiencies (NTCD) "placed in the employee’s Divisional Personnel Folder for one year. After one year, the NTCD shall be sent to the Personnel Records Section of Personnel Division for permanent retention.";
Access and use: N/A;
Use in decisions: N/A
Oakland, CA NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Complaints;
Timeline: Complaints are removed after 5 years, not including files in the Internal Affairs Department;
Access and use: N/A;
Use in decisions: N/A
Riverside, CA NO
Sacramento, CA YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Letters of reprimand and suspensions;
Timeline: A letter of reprimand is withdrawn after 18 months and suspensions after 5 years;
Access and use: N/A;
Use in decisions: N/A
San Bernardino, CA YES
Summary: Record storage: City-specific database;
Storage authority: Human Resources Department;
Types of records: Derogatory records;
Timeline: Derogatory records are purged after 2 years;
Access and use: employees have access to their personnel file;
Use in decisions: N/A
San Diego, CA YES
Summary: Record storage: City-specific database;
Storage authority: N/A;
Types of records: Dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment:
Timeline: N/A;
Access and use: Employees have access to their personnel file;
Use in decisions: "Formal reprimands without further penalty more than two years old, and those with additional penalty more than five years old, will not be considered for purposes of promotion, transfer, special assignments and disciplinary actions except as to disciplinary actions, when the reprimands show patterns of specific similar police misconduct"
Detail: "No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency against any public safety officer who has successfully completed the probationary period that may be required by his or her employing agency without providing the public safety officer with an opportunity for administrative appeal."
San Francisco, CA YES
Summary: Record storage: City-specific database;
Storage authority: Personnel Division;
Types of records: Formal reprimands;
Timeline: Formal reprimands cannot be considered after 2 years;
Access and use: N/A;
Use in decisions: N/A
San Jose, CA NO
Santa Ana, CA NO
Stockton, CA NO
Colorado NO CBA
Aurora, CO NO
Colorado Springs, CO NO CBA
Denver, CO NO
Connecticut YES
Summary: Record storage: State-run database;
Storage authority: State Police Headquarters;
Types of records: All material related to personnel status, including disciplinary files, goes into an officer's personnel file;
Timeline: Derogatory material shall be removed after 1 year;
Access and use: Employees have access to their personnel file;
Use in decisions: N/A
District of Columbia YES
Summary: Record storage: City-specific database;
Storage authority: N/A;
Types of records: Suspensions;
Timeline: N/A;
Access and use: Employees have access to personnel files;
Use in decisions: Members are ineligible for promotions for 1 year if demoted or suspended for 15 days or more, and ineligible for current promotions if suspended for 10 days or more.
Delaware FOIA DENIED
Florida YES
Summary: Record storage: Electronic or paper form;
Storage authority: Maintained by the employing agency;
Types of records: Derogatory document, letters of counseling, oral reprimands, written reprimands;
Timeline: N/A;
Access and use: Official personnel records are public record; if disciplinary action in unfounded, all pages are marked "VOID" and placed in an envelope;
Use in decisions: Letters of counseling may be used at administrative hearings
Hialeah, FL YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Written reprimands and counseling;
Timeline: Two years for written reprimands and counseling;
Access and use: N/A;
Use in decisions: N/A
Jacksonville, FL YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Formal and informal investigations;
Timeline: Informal counseling will be purged after 1 year, formal counseling after 3 years, written reprimands after 2 years, and suspensions after 5 years;
Access and use: Employees have access to their personnel file;
Use in decisions: N/A
Miami, FL YES
Summary: Record storage: City-specific database;
Storage authority: Internal Affairs;
Types of records: Records;
Timeline: Records are destroyed after 5 years after termination or retirement;
Access and use: N/A;
Use in decisions: N/A
Orlando, FL YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Oral reprimand, written censure, suspension;
Timeline: "Sustained" findings are removed from the employee's personnel file after one year and placed in an Internal Affairs disciplinary file, in accordance with Florida State Statutes. Oral reprimand or written censure are removed after 3 years; suspension of less than 32 hours is removed after 5 years; and suspension of more than 32 hours is removed after 7 years;
Access and use: N/A;
Use in decisions: N/A
St. Petersburg, FL NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Personnel records;
Timeline: N/A;
Access and use: Employees have access;
Use in decisions: N/A
Tampa, FL YES
Summary: Record storage: City-specific database;
Storage authority: N/A;
Types of records: Letter of counseling, written reprimand, suspension or dismissal;
Timeline: Letter of counseling will be removed after 1 year; written reprimand, suspension or dismissal are void after 3 years;
Access and use: N/A;
Use in decisions: N/A
Georgia NO CBA
Atlanta, GA NO CBA
Hawaii YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Derogatory material, written reprimand;
Timeline: Removal of derogatory information after 2 years and destroyed after 4 years;
Access and use: Employees have access to their personnel file;
Use in decisions: N/A
Honolulu, HI YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Derogatory material, written reprimand;
Timeline: Removal of derogatory information after 2 years and destroyed after 4 years;
Access and use: Employees have access to their personnel file;
Use in decisions: N/A
Iowa YES
Summary: Record storage: State-run database;
Storage authority: Central personnel office in Des Moines, Iowa.;
Types of records: Written reprimand;
Timeline: Written reprimands are removed after 3 years;
Access and use: N/A:
Use in decisions: N/A
Idaho NO CBA
Boise, ID NO
Illinois YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Written reprimands;
Timeline: Any written reprimand shall be purged from all records when more than 15 months have elapsed since employee was last warned for such an offense;
Access and use: N/A;
Use in decisions: N/A
Chicago, IL NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Disciplinary history files;
Timeline: N/A;
Access and use: Officer has access;
Use in decisions: N/A
Indiana NO CBA
Fort Wayne, IN NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Disciplinary action, demotion, dismissal, transfer or administrative charges;
Timeline: N/A;
Access and use: Employees have access;
Use in decisions: N/A
Indianapolis, IN NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: N/A;
Timeline: N/A;
Access and use: Employees have access;
Use in decisions: N/A
Kansas NO
Wichita, KS NO
Summary: Record storage: State-run database;
Storage authority: Human Resources Department;
Types of records: Official discipline file;
Timeline: N/A;
Access and use: N/A;
Use in decisions: N/A
Kentucky NO CBA
Lexington, KY NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Personnel files;
Timeline: N/A;
Access and use: Member, lodge representative, Department of Human Rights, Department of Law, Chief, Public Integrity Unit, Personnel Records Unit, Open Records Unit and/or Computer Information Services Unit;
Use in decisions: N/A
Louisville, KY YES
Summary: Record storage: City-specific database;
Storage authority: Louisville Metro Government Human Resources;
Types of records: Supervisory files;
Timeline: "Documents contained in supervisory files shall not be retained after one (1) year from said documentation.";
Access and use: N/A;
Use in decisions: N/A
Louisiana NO CBA
Baton Rouge, LA NO
New Orleans, LA NO CBA
Massachusetts NO
Boston, MA NO
Maryland YES
Summary: Record storage: N/A;
Storage authority: "Only one official personnel file shall be kept for each employee at the appropriate personnel office. The Employer may also maintain employee files in the Internal Affairs Unit, the Motor Vehicle Division and the Professional Policing Division."
Types of records: Derogatory material;
Timeline: N/A;
Access and use: Employees have access to their personnel file;
Use in decisions: N/A
Baltimore, MD NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Records "relating to administrative or criminal investigations of misconduct shall not be expunged or destroyed";
Timeline: N/A;
Access and use: N/A;
Use in decisions: N/A
Maine YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Corrective memos, reprimands, and suspensions;
Timeline: Upon request, corrective memos can be removed after 1 year, reprimands after 3 years, suspensions after 5 years;
Access and use: N/A;
Use in decisions: N/A
Michigan YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Written warnings, written reprimands;
Timeline: Written warnings shall be destroyed after 1 year, written reprimands after two years;
Access and use: Employees have access to their personnel file;
Use in decisions: N/A
Detail: "A written warning or written reprimand may be destroyed earlier if the supervisor believes the employee's improvement warrants earlier destruction of the written warning or written reprimand."
Detroit, MI NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Official personnel record;
Timeline: N/A;
Access and use: Employees have access;
Use in decisions: N/A
Minnesota YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Written reprimand, suspension, or demotion;
Timeline: "If no disciplinary action is taken against an employee for a period of two (2) calendar years following a written reprimand, upon written request of the employee, the Employer shall remove all records of the written reprimand from the employee's personnel file. If no disciplinary action is taken against an employee for a period of three (3) calendar years following a suspension or demotion, upon written request of the employee, the Employer shall remove all records of the suspension or demotion from the employee's personnel file";
Access and use: employees have access to their personnel file;
Use in decisions: N/A
Minneapolis, MN NO
St. Paul, MN NO
Missouri NO CBA
Kansas City, MO NO
St. Louis, MO NO
Mississippi NO CBA
Montana NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Personnel files;
Timeline: N/A;
Access and use: Employees have access to their personnel file;
Use in decisions: N/A
North Carolina NO CBA
Charlotte, NC NO CBA
Durham, NC NO CBA
Greensboro, NC NO CBA
Raleigh, NC NO CBA
Winston-Salem, NC NO CBA
North Dakota NO CBA
Nebraska YES
Summary: Record storage: N/A;
Storage authority: Personnel Office at each agency Headquarters;
Types of records: Personnel records;
Timeline: Polygraph destroyed after 1 year;
Access and use: Employees have access to their personnel file;
Use in decisions: N/A
Lincoln, NE YES
Summary: Record storage: City-specific database;
Storage authority: Human Resources Department and Department Headquarters;
Types of records: Reprimand, Suspension and Dismissal;
Timeline: May request any suspension or dismissal is removed after 2 years;
Access and use: N/A;
Use in decisions: N/A
Omaha, NE YES
Summary: Record storage: City-specific database;
Storage authority: Human Resources Department;
Types of records: Suspensions;
Timeline: Employees can request that suspension is removed from personnel file after 5 years;
Access and use: N/A;
Use in decisions: N/A
New Hampshire NO
New Jersey NO
Jersey City, NJ NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Personnel file;
Timeline: N/A;
Access and use: Employees have access to their personnel file;
Use in decisions: N/A
Newark, NJ NO
New Mexico NO CBA
Albuquerque, NM YES
Summary: Record storage: City-run database;
Storage authority: Human Resources Department;
Types of records: Derogatory material;
Timeline: Derogatory material may be purged within 12 months from the employee's file, but will be permanent at Human Resources;
Access and use: Employees and union representative have access;
Use in decisions: N/A
Nevada YES
Summary: Record storage: N/A;
Storage authority: Division of Human Resource Management and the Employer;
Types of records: Letters of instruction, oral warning, and written reprimand;
Timeline: Letters of instruction: 1 year, oral warning: 3 years, written reprimand: 5 years;
Access and use: Employees have access to their personnel file;
Use in decisions: Evaluating promotions or transfers
Henderson, NV YES
Summary: Record storage: City-specific database;
Storage authority: Human Resources Department;
Types of records: Written reprimands, minor suspensions, and major suspensions;
Timeline: 2 years for written reprimands, 3 years for minor suspensions, 5 years for major suspensions;
Access and use: N/A;
Use in decisions: N/A
Las Vegas, NV YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Written reprimands, minor suspensions, major suspensions, and disciplinary transfers;
Timeline: 18 months for written reprimands, 3 years for minor suspensions, 5 years for major suspensions, 2 years for disciplinary transfers;
Access and use: N/A;
Use in decisions: N/A
North Las Vegas, NV NO
Summary: Record storage: City-specific database;
Storage authority: Department of Human Resources;
Types of records: Personnel files;
Timeline: N/A;
Access and use: Personnel files are private and confidential;
Use in decisions: N/A
Reno, NV YES
Summary: Record storage: City-specific database;
Storage authority: N/A;
Types of records: Letters of reprimand;
Timeline: Letters of reprimand can be removed after 1 year, if requested; suspensions of less than 3 days after 3 years; and suspensions of 3 days or more after 5 years;
Access and use: N/A;
Use in decisions: N/A
New York NO
Buffalo, NY UNKNOWN
New York, NY YES
Summary: Record storage: City-specific database;
Storage authority: Employee Management Division;
Types of records: Personnel folder;
Timeline: Employee may petition to expunge record after 2 years;
Access and use: N/A;
Use in decisions: N/A
Ohio YES
Summary: Record storage: State-run database;
Storage authority: Personnel office of the Department of Public Safety;
Types of records: N/A;
Timeline: Written reprimands 2 years, disciplinary action 3 years;
Access and use: Any bargaining unit member shall have the right to inspect their personnel file;
Use in decisions: N/A
Cincinnati, OH YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Disciplinary/corrective actions;
Timeline: Penalties of less than 56 hours after 3 years, more than 56 hours after 7 years;
Access and use: Members have access;
Use in decisions: N/A;
Cleveland, OH NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Disciplinary written reprimands;
Timeline: N/A;
Access and use: N/A;
Use in decisions: N/A
Columbus, OH YES
Summary: Record storage: N/A;
Storage authority: Written reprimand and suspension;
Types of records: Counseling, written reprimands, suspensions
Timeline: counseling: 1 year, written reprimand: 3 years, suspension 6 years;
Access and use: Member has access
Use in decisions: N/A;
Toledo, OH YES
Summary: Record storage: City-specific database;
Storage authority: N/A;
Types of records: Personal service record and disciplinary records;
Access and use: Personal service record: reprimands removed after 2 years, suspensions of less than 30 days are removed after 3 years, suspensions of more than 30 days are removed after 5 years (all suspensions can be removed after 2 years at the discretion of the Police chief; Disciplinary records: 5 years for suspensions of 30 days or more, 4 years for anything else;
Use in decisions: N/A
Oklahoma NO CBA
Oklahoma City, OK NO
Tulsa, OK YES
Summary: Record storage: City-specific database;
Storage authority: N/A;
Types of records: Counseling documentation, Division Letters of Reprimand, Department Letters of Reprimand and Vacation Reductions, and Suspensions and Orders of Demotion;
Timeline: Counseling documentation and Division Letters of Reprimand are purged and expunged after 1 year, Department Letters of Reprimand and Vacation Reductions are purged and expunged after 3 years, Suspensions and Orders of Demotion are purged and expunged after 5 years;
Access and use: Employees have access to personnel files;
Use in decisions: N/A
Detail: "if the discipline relates to dishonesty by the Employee being disciplined the time periods for purging and expunging shall be increased to two years for counseling documentation, two years for Division Letters of Reprimand, and five years for Department Letters of Reprimand, and seven years for Suspensions, Vacation Reductions, and Orders of Demotion."
Oregon YES
Summary: Record storage: State-run database;
Storage authority: Chief Human Resources Office;
Types of records: Disciplinary actions;
Timeline: Disciplinary actions removed after 2 years
Access and use: "Personnel Files and Working Files shall not be accessible by state employees beyond the immediate supervisor, the Agency Human Resource Director, human resource staff, the subject employee, employees with a work related business need as authorized by the Agency Human Resource Director, and anyone specifically authorized in writing by the subject employee.";
Use in decisions: N/A
Portland, OR NO
Summary: Record storage: City-specific database;
Storage authority: N/A;
Types of records: Written reprimand, suspension, demotion, or termination;
Timeline: N/A;
Access and use: Employees have access to their personnel file;
Use in decisions: N/A
Pennsylvania NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Personnel files;
Timeline: N/A;
Access and use: "Members shall have access to their personnel files in accordance with the State Police Administrative Regulation 4-8.";
Use in decisions: N/A
Philadelphia, PA NO
Pittsburgh, PA YES
Summary: Record storage: City-specific database;
Storage authority: N/A;
Types of records: Oral reprimand, written reprimand, suspension
Timeline: Oral reprimands can be considered for 2 years, written reprimands can be considered for 3 years, suspensions can be considered for 5 years;
Access and use: Employees have access;
Use in decisions: Oral reprimands can be considered for 2 years, written reprimands can be considered for 3 years, suspensions can be considered for 5 years,
Rhode Island NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Personnel files;
Timeline: N/A;
Access and use: Every Member shall be allowed reasonable opportunity to review the contents of his/her personnel file upon request, provided, however, that nothing herein shall be interpreted contrary to § 28-6.4-1 of the Rhode Island General Laws;
Use in decisions: N/A
South Carolina NO CBA
South Dakota NO CBA
Tennessee NO CBA
Memphis, TN NO
Summary: Record storage: City-specific database;
Storage authority: Police Human Resources Division;
Types of records: Personnel files;
Timeline: N/A;
Access and use: N/A;
Use in decisions: N/A
Nashville, TN NO
Texas NO CBA
Arlington, TX NO CBA
Austin, TX NO
Corpus Christi, TX NO
Dallas, TX NO
El Paso, TX NO
Fort Worth, TX NO
Garland, TX NO CBA
Houston, TX NO
Irving, TX NO CBA
Laredo, TX YES
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Letters of reprimand and suspensions;
Timeline: Letters of reprimand and suspensions of less than five days can be removed from personnel files after five years upon the officer's request. Suspensions of 6-15 days can be removed from personnel files after 10 years upon the officer's request;
Access and use: N/A;
Use in decisions: N/A
Lubbock, TX NO CBA
Plano, TX NO CBA
San Antonio, TX NO
Utah NO CBA
Virginia NO CBA
Chesapeake, VA NO CBA
Norfolk, VA NO CBA
Richmond, VA NO CBA
Virginia Beach, VA NO CBA
Vermont YES
Summary: Record storage: State-run database;
Storage authority: Department of Human Resources;
Types of records: Letters of reprimand or warning, supervisors' notes, or written records of relief from duty (including investigation notes);
Timeline: All shall be removed after 2 years, if no other discipline;
Access and use: An employee shall be able to access;
Use in decisions: N/A
Washington YES
Summary: Record storage: State-run database;
Storage authority: Human Resource Division;
Types of records: Reprimands and disciplinary actions;
Timeline: Reprimands for 4 years, disciplinary actions for the length of the employee's career plus 10 years;
Access and use: Employees have access to their personnel file;
Use in decisions: Reprimands can be used for 1 year prior and discipline for 5 years prior to new discipline;
Seattle, WA NO
Wisconsin NO
Summary: Record storage: N/A;
Storage authority: N/A;
Types of records: Personnel files;
Timeline: N/A;
Access and use: Employees and union representative;
Use in decisions: N/A
Madison, WI NO
Milwaukee, WI NO
West Virginia UNKNOWN
Wyoming NO CBA