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Wednesday, July 8, 2009

Spotlight on LEOBOR

(N) INFORMATION PROVIDED ON COMPLETION OF INVESTIGATION.

(1) ON COMPLETION OF AN INVESTIGATION AND AT LEAST 10 DAYS
BEFORE A HEARING, THE LAW ENFORCEMENT OFFICER UNDER
INVESTIGATION SHALL BE:

(I) NOTIFIED OF THE NAME OF EACH WITNESS AND OF EACH
CHARGE AND SPECIFICATION AGAINST THE LAW ENFORCEMENT
OFFICER; AND

(II) PROVIDED WITH A COPY OF THE INVESTIGATORY FILE AND
ANY EXCULPATORY INFORMATION, IF THE LAW ENFORCEMENT
OFFICER AND THE LAW ENFORCEMENT OFFICER’S REPRESENTATIVE
AGREE TO:

1. EXECUTE A CONFIDENTIALITY AGREEMENT WITH THE
LAW ENFORCEMENT AGENCY NOT TO DISCLOSE ANY MATERIAL
CONTAINED IN THE INVESTIGATORY FILE AND EXCULPATORY
INFORMATION FOR ANY PURPOSE OTHER THAN TO DEFEND THE
LAW ENFORCEMENT OFFICER; AND

2. PAY A REASONABLE CHARGE FOR THE COST OF
REPRODUCING THE MATERIAL.

(2) THE LAW ENFORCEMENT AGENCY MAY EXCLUDE FROM THE
EXCULPATORY INFORMATION PROVIDED TO A LAW ENFORCEMENT
OFFICER UNDER THIS SUBSECTION:

(I) THE IDENTITY OF CONFIDENTIAL SOURCES;
(II) NONEXCULPATORY INFORMATION; AND
(III) RECOMMENDATIONS AS TO CHARGES, DISPOSITION, OR
PUNISHMENT.

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