Laserfiche WebLink
2015 -2018 Meet and Confer Agreement <br />Between the San Marcos Police Officers' Association and the City of San Marcos, Texas <br />B. Before the Officer who is the subject of an investigation provides a statement to an investigator, the <br />Officer and his representative(s) shall be provided an opportunity to review any videotape, photograph, <br />or other recording of the operative conduct or alleged injuries, if any, which is the subject of the <br />allegations if such recording is within the possession or control of the CITY, unless the material is <br />confidential by law, or evidence from a pending criminal investigation. <br />C. An Officer who is the subject of an investigation is entitled to a copy of his or her statement to the <br />Office of Professional Conduct at the time the statement is finalized and signed by the Officer. The <br />statement remains confidential in the hands of the Officer pursuant to 143.089(g), Department policy, <br />and orders of non - communication about internal investigations, except for consultations with counsel <br />and /or ASSOCIATION representatives who are not involved in the investigation. <br />D. Before the Officer who is the subject of an investigation provides a statement to an investigator, the <br />Officer and his representative(s) shall be allowed to review the portions of any documents) in which it <br />is alleged or believed that the Officer provided false, incomplete, inconsistent, or conflicting <br />information, or in which it is alleged that the Officer omitted information in violation of any law or <br />Department policy. <br />E. Before the Officer who is the subject of an investigation provides a statement to an investigator, the <br />Officer and his /her representative(s) shall be allowed to review any report, supplemental report or <br />other statement recorded or written by the Officer, setting forth particulars or facts regarding the <br />operative conduct which is the subject of the allegation(s). <br />F. Not less than forty eight (48) hours before any administrative hearing conducted for the purpose of <br />determining whether the Department shall take disciplinary action against an Officer for alleged <br />misconduct, the Officer and his representative shall be allowed up to five (5) hours to review any and <br />all evidence gathered or obtained during the investigation, and not previously reviewed by the Officer. <br />The evidence available for review shall include the Administrative Investigation summary, if any. <br />Evidence does not include attorney client communications. Neither the Officer nor his representative <br />will be permitted to make copies of any of the evidence reviewed. <br />G. Not less than forty eight (48) hours before any administrative hearing conducted for the purpose of <br />determining whether the Department shall take disciplinary action against an Officer for alleged <br />misconduct, the Department shall provide written notice of the alleged policy violations and the <br />specific range of discipline being considered. In making the final decision as to discipline, if any, the <br />Chief shall not be restricted to the alleged policy violations and /or the range of discipline provided <br />pursuant to this subsection. <br />Section 4. Confidentiality of Records and Misuse of Information <br />The access to records provided in this Article has been granted in exchange for the following agreements <br />intended to insure confidentiality and to prevent retaliation or the threat of retaliation against any witness <br />in an investigation: <br />A. Information provided or made available for review remains confidential in the hands of the Officer and <br />the Officer's representative pursuant to 143.089(g), Department policy, and orders of non - <br />communication about internal investigations, except for consultations with counsel and /or <br />ASSOCIATION representatives who are not involved in the investigation. <br />PAGE 29 <br />