Fraternal Order of Police
Fort Lauderdale Lodge # 31

735 NE 3rd Avenue
Fort Lauderdale, Florida 33304
(954) 527-2606 :: Fax (954) 527-2865
FOP Health Trust (954) 527-9218
 

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Fort Lauderdale FOP Lodge 31

ARTICLE 53 - PERSONNEL RECORDS

 

Section 1.  The Police Department shall maintain an official personnel file for each permanent employee.  Such file shall be centrally maintained in an appropriate unit within the Police Department.

 

Section 2.  The only personnel records that may be used as a basis for official action are those which appear in the employee's official Police Department file and of which the employee has been notified.

 

Section 3. The Police Department's official personnel file shall be purged as provided in this Section. Upon completion of an employee's performance evaluation, any counseling forms received during that rating period shall be purged from the file.  Upon request of the employee, letters of reprimand will be purged, provided the employee has had no disciplinary action or letters of reprimand during the two (2) years immediately preceding the request.  Further, any disciplinary actions in an employee's file which are later overturned in the manner provided for in this Agreement shall be deemed rescinded, and the records of such disciplinary action shall be removed from the employee's Police Department personnel file.

 

Section 4.            For the purposes of this Article, investigative and/or internal affairs files shall not be construed as personnel records.

 

Section 5.  The rights of an employee to inspect any and all records of the City as provided under Chapter 119 of the Florida Statutes, shall not be abridged.

 

Section 6.  Employees shall be, permitted to submit a written rebuttal to any disciplinary action within five (5) calendar days after receipt of such action.  Said rebuttal shall be included in the personnel file of the employees.

 

Section 7. The parties agree to mutually submit a request for a written opinion from the State Attorney General's Office concerning whether the purging provisions of this Article are in conflict with Florida Statutes.  The parties agree that the Attorney General's Office opinion shall be binding on both parties with respect to purging of employee personnel files.