MARVIN MANDEL, Governor                                2475

12) NO LAW ENFORCEMENT AGENCY SHALL INSERT ANY

ADVERSE MATERIAL INTO ANY FILE OF THE OFFICER, EXCEPT THE
FILE OF THE INTERNAL INVESTIGATION OR THE INTELLIGENCE
DIVISION, UNLESS THE OFFICER HAS AN OPPORTUNITY TO
REVIEW, SIGN, RECEIVE A COPY OF AND COMMENT IN WRITING
UPON THE ADVERSE MATERIAL, UNLESS THE OFFICER WAIVES
THESE RIGHTS.

729.

NO LAW ENFORCEMENT OFFICER SHALL BE REQUIRED OR
REQUESTED TO DISCLOSE ANY ITEM OF HIS PROPERTY, INCOME,
ASSETS, SOURCE OF INCOME, DEBTS, OR PERSONAL OR DOMESTIC
EXPENDITURES (INCLUDING THOSE OF ANY MEMBER OF HIS FAMILY
OR HOUSEHOLD), UNLESS SUCH INFORMATION IS NECESSARY IN
INVESTIGATING A POSSIBLE CONFLICT OF INTEREST WITH
RESPECT TO THE PERFORMANCE OF HIS OFFICIAL DUTIES, OR
UNLESS SUCH DISCLOSURE IS REQUIRED BY LAW.

730.

(A)    IF THE INVESTIGATION OR INTERROGATION OF A LAW
ENFORCEMENT OFFICER RESULTS IN THE RECOMMENDATION OF SOME
ACTION, SUCH AS DEMOTION, DISMISSAL, TRANSFER, LOSS OF
PAY, REASSIGNMENT, OR SIMILAR ACTION WHICH WOULD BE
CONSIDERED A PUNITIVE MEASURE, THEN, BEFORE TAKING SUCH
ACTION, THE LAW ENFORCEMENT AGENCY SHALL GIVE NOTICE TO
THE LAW ENFORCEMENT OFFICER THAT HE IS ENTITLED TO A
HEARING ON THE ISSUES BY AN INVESTIGATING COMMITTEE. THE
NOTICE SHALL STATE THE TIME AND PLACE OF THE HEARING AND
THE ISSUES INVOLVED. AN OFFICIAL RECORD, INCLUDING
TESTIMONY AND EXHIBITS, SHALL BE KEPT OF THE HEARING.

(B)    THE HEARING SHALL BE CONDUCTED BY THE
INVESTIGATING COMMITTEE OF THE LAW ENFORCEMENT AGENCY BY
WHICH THE LAW ENFORCEMENT OFFICER IS EMPLOYED. BOTH THE
LAW ENFORCEMENT AGENCY AND THE LAW ENFORCEMENT OFFICER
SHALL BE GIVEN AMPLE OPPORTUNITY TO PRESENT EVIDENCE AND
ARGUMENT WITH RESPECT TO THE ISSUES INVOLVED. BOTH MAY
BE REPRESENTED BY COUNSEL.

(C)    EVIDENCE WHICH POSSESSES PROBATIVE VALUE
COMMONLY ACCEPTED BY REASONABLE AND PRUDENT MEN IN THE
CONDUCT OF THEIR AFFAIRS SHALL BE ADMISSIBLE AND SHALL BE
GIVEN PROBATIVE EFFECT. THE INVESTIGATING COMMITTEE
CONDUCTING THE HEARING SHALL GIVE EFFECT TO THE RULES OF
PRIVILEGE RECOGNIZED BY LAW, AND MAY EXCLUDE INCOMPETENT,
IRRELEVANT, IMMATERIAL AND UNDULY REPETITIOUS EVIDENCE.
ALL RECORDS AND DOCUMENTS WHICH ANY PARTY DESIRES TO USE
SHALL BE OFFERED AND MADE A PART OF THE RECORD.
DOCUMENTARY EVIDENCE MAY BE RECEIVED IN THE FORM OF
COPIES OR EXCERPTS, OR BY INCORPORATION BY REFERENCE.

(D)    EVERY PARTY HAS THE RIGHT OF CROSS-EXAMINATION