A. Policy – None
B. Procedure
The Internal Affairs Sergeant shall during January of each year purge the Internal Affairs files and records specified.
1. Internal Affairs files are to be kept in their entirety for 11 years (10 years + current). This includes misconduct investigations, inquiries, use of force reviews, traffic accident investigations and Early Intervention System files. At the expiration of this time period, all Internal Affairs investigative files with a finding code of Sustained, Misconduct Not Based on Complaint, and Use of Force Review reports with a finding of not justified, which have resulted in disciplinary action of a written reprimand or greater, shall have the following portions removed and retained indefinitely:
a. Chronological summary of investigation
b. Memorandum to employee setting forth discipline being considered
c. Memorandum imposing discipline
All other documentation from these files shall be destroyed.
At the expiration of this time period, all dated Internal Affairs files with a finding of Unfounded, Not Sustained, Exonerated, Inquiries, and use of force reviews shall be destroyed in their entirety including Internal Affairs files which resulted in a log entry.
2. Exceptions to the purge schedule:
a. Investigative files pertaining to an employee who is the subject of a pending notice of intent to sue or civil litigation shall be maintained and not purged.
b. Critical Incident Response Team investigations into officer involved shootings shall be maintained and not purged along with the Internal Affairs investigative file.
c. Annual Internal Affairs statistical reports as well as monthly reports shall be maintained indefinitely by the Internal Affairs Unit.
d. Internal Affairs investigative files which resulted in the issuance of a Credibility Disclosure by LPD to the District Attorney’s Office or which initiated a Brady letter by the District Attorney’s Office or City Attorney’s Office shall be maintained as long as the Brady letter continues to be issued by the prosecuting agency.
