Res 2019-141/approving a Meet and Confer Agreement between the San Marcos Police Officers’ Association and the City of San Marcos

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Proposed 2019-2022 Meet and Confer Agreement Between the San Marcos Police Officers' Association and the City of San Marcos, Texas photograph, or other recording of the operative conduct or alleged injuries, if any, which is the subject of the allegations if such recording is within the possession or control of the CITY, unless the material is confidential by law, or evidence from a pending criminal investigation. C. An Officer who is the subject of an investigation is entitled to a copy of his or her statement to the Office of Professional Conduct at the time the statement is finalized and signed by the Officer. The statement remains confidential in the hands of the Officer pursuant to 143.089(g), Department policy, and orders of non -communication about internal investigations, except for consultations with counsel and/or ASSOCIATION representatives who are not involved in the investigation. D. Before the Officer who is the subject of an investigation provides a statement to an investigator, the Officer and his representative(s) shall be allowed to review the portions of any documents) in which it is alleged or believed that the Officer provided false, incomplete, inconsistent, or conflicting information, or in which it is alleged that the Officer omitted information in violation of any law or Department policy. E. Before the Officer who is the subject of an investigation provides a statement to an investigator, the Officer and his/her representative(s) shall be allowed to review any report, supplemental report or other statement recorded or written by the Officer, setting forth particulars or facts regarding the operative conduct which is the subject of the allegation(s). Not less than forty-eight (48) hours before any administrative hearing conducted for the purpose of determining whetherthe Department shall take disciplinary action against an Officerfor alleged misconduct, the Officer and his representative shall be allowed up to five (5) hours to review any and all evidence gathered or obtained during the investigation, and not previously reviewed by the Officer. The evidence available for review shall include the Administrative Investigation summary, if any. Evidence does not include attorney client communications. Neither the Officer nor his representative will be permitted to make copies of any of the evidence reviewed. G. Not less than forty-eight (48) hours before any administrative hearing conducted for the purpose of determining whether the Department shall take disciplinary action against an Officer for alleged misconduct, the Department shall provide written notice of the alleged policy violations and the specific range of discipline being considered. In making the final decision as to discipline, if any, the Chief shall not be restricted to the alleged policy violations and/or the range of discipline provided pursuant to this subsection. PAGE 29