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.

DistrictAnswer
AlaskaNO
Anchorage, AKYES
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
AlabamaNO CBA
Birmingham, ALNO CBA
ArkansasNO CBA
ArizonaNO CBA
Chandler, AZYES
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, AZNO CBA
Glendale, AZNO
Mesa, AZNO CBA
Phoenix, AZYES
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, AZNO CBA
Tucson, AZNO
CaliforniaNO
Anaheim, CANO
Bakersfield, CANO
Chula Vista, CANO
Fremont, CANO
Fresno, CANO
Irvine, CAYES
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, CANO
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, CANO
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, CANO
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, CANO
Sacramento, CAYES
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, CAYES
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, CAYES
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, CAYES
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, CANO
Santa Ana, CANO
Stockton, CANO
ColoradoNO CBA
Aurora, CONO
Colorado Springs, CONO CBA
Denver, CONO
ConnecticutYES
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 ColumbiaYES
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.
DelawareFOIA DENIED
FloridaYES
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, FLYES
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, FLYES
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, FLYES
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, FLYES
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, FLNO
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, FLYES
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
GeorgiaNO CBA
Atlanta, GANO CBA
HawaiiYES
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, HIYES
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
IowaYES
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
IdahoNO CBA
Boise, IDNO
IllinoisYES
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, ILNO
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
IndianaNO CBA
Fort Wayne, INNO
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, INNO
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
KansasNO
Wichita, KSNO
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
KentuckyNO CBA
Lexington, KYNO
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, KYYES
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
LouisianaNO CBA
Baton Rouge, LANO
New Orleans, LANO CBA
MassachusettsNO
Boston, MANO
MarylandYES
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, MDNO
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
MaineYES
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
MichiganYES
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, MINO
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
MinnesotaYES
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, MNNO
St. Paul, MNNO
MissouriNO CBA
Kansas City, MONO
St. Louis, MONO
MississippiNO CBA
MontanaNO
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 CarolinaNO CBA
Charlotte, NCNO CBA
Durham, NCNO CBA
Greensboro, NCNO CBA
Raleigh, NCNO CBA
Winston-Salem, NCNO CBA
North DakotaNO CBA
NebraskaYES
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, NEYES
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, NEYES
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 HampshireNO
New JerseyNO
Jersey City, NJNO
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, NJNO
New MexicoNO CBA
Albuquerque, NMYES
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
NevadaYES
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, NVYES
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, NVYES
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, NVNO
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, NVYES
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 YorkNO
Buffalo, NYUNKNOWN
New York, NYYES
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
OhioYES
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, OHYES
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, OHNO
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, OHYES
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, OHYES
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
OklahomaNO CBA
Oklahoma City, OKNO
Tulsa, OKYES
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."
OregonYES
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, ORNO
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
PennsylvaniaNO
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, PANO
Pittsburgh, PAYES
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 IslandNO
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 CarolinaNO CBA
South DakotaNO CBA
TennesseeNO CBA
Memphis, TNNO
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, TNNO
TexasNO CBA
Arlington, TXNO CBA
Austin, TXNO
Corpus Christi, TXNO
Dallas, TXNO
El Paso, TXNO
Fort Worth, TXNO
Garland, TXNO CBA
Houston, TXNO
Irving, TXNO CBA
Laredo, TXYES
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, TXNO CBA
Plano, TXNO CBA
San Antonio, TXNO
UtahNO CBA
VirginiaNO CBA
Chesapeake, VANO CBA
Norfolk, VANO CBA
Richmond, VANO CBA
Virginia Beach, VANO CBA
VermontYES
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
WashingtonYES
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, WANO
WisconsinNO
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, WINO
Milwaukee, WINO
West VirginiaUNKNOWN
WyomingNO CBA