Common use of Access and Confidentiality Clause in Contracts

Access and Confidentiality. 84. To facilitate his or her work, the Independent Reviewer may conduct on- site visits and assessments. The Independent Reviewer shall have access to all necessary individuals, facilities, and documents, which shall include access to Agreement-related trainings, meetings, and reviews such as High Liability Review Board and Professional Compliance Section reviews. MPD shall notify the Independent Reviewer and DOJ as soon as practicable, and in any case within 8 hours of any critical firearm discharge, arrest of any officer, or any other potentially high-profile serious incident. 85. The City shall ensure that the Independent Reviewer, and DOJ and its agents. have reasonable access to all City staff, employees, critical incident crime scenes, and facilities that the Independent Reviewer, and DOJ and its agents, reasonably deems necessary to carry out the duties assigned to the Independent Reviewer by this Agreement. The Independent Reviewer, and DOJ and its agents, shall cooperate with the City to access people and facilities in a reasonable manner that, consistent with the Independent Reviewer’s responsibilities, minimizes interference with daily operations and shall not compromise the integrity of any ongoing criminal investigation. 86. The City shall ensure that the Independent Reviewer shall have reasonable access to all City staff, employees, facilities, documents, and data that the Independent Reviewer deems necessary to carry out the duties assigned to the Independent Reviewer by this Agreement, except any documents or data protected by the attorney-client privilege or other applicable law. The attorney-client privilege may not be used to prevent the Independent Reviewer from observing reviews, meetings, and trainings such as use of force review boards, disciplinary hearings, or discussions of misconduct complaint investigations. Should the City decline to provide the Independent Reviewer access to specific documents or data based on attorney-client privilege, the City shall inform the Independent Reviewer and DOJ that it is withholding documents or data on this basis and shall provide the Independent Reviewer and DOJ with a log describing the documents or data. The City shall work to ensure that the Independent Reviewer receives all requested documents to the maximum extent allowable by law. 87. The Independent Reviewer and DOJ shall provide the City with reasonable notice of a request for copies of documents. Upon such request, the City shall provide, in a timely manner, not to exceed 30 days, copies (electronic, where readily available) of the requested documents to the Independent Reviewer and DOJ. If the requested documents are voluminous, DOJ will work with the City regarding the timing of the production. 88. The Independent Reviewer and DOJ shall maintain all non-public information provided by the City in a confidential manner. Other than as expressly provided in this Agreement, this Agreement shall not be deemed a waiver of any privilege or right the City may assert, including those recognized at common law or created by statute, rule, or regulation against any other person or entity with respect to the disclosure of any document. 89. The Independent Reviewer will not issue statements or make findings with regard to any act or omission of any Party, or their agents or representatives, except as required by the terms of this Agreement.

Access and Confidentiality. 841. To facilitate his or her its work, the Independent Reviewer Evaluator may conduct on- on-site visits and assessmentsassessments without prior notice to the City or VPD. The Independent Reviewer Evaluator shall have access to all necessary individuals, facilities, and documents, which shall include access to Agreement-related trainings, meetings, and reviews reviews, such as High Liability Review Board and Professional Compliance Section critical incident reviews. MPD shall notify the Independent Reviewer and DOJ as soon as practicable, other reviews of use of force incidents, and in any case within 8 hours of any critical firearm discharge, arrest of any officer, or any other potentially high-profile serious incidentdisciplinary hearings relating to the work under this Agreement. 852. The City or VPD shall provide the Evaluator with office space and reasonable office support, such as office furniture, secure internet access, telephone, secure document storage, and photocopying, faxing, and scanning equipment, that the Evaluator may require while in the City. 3. VPD shall ensure that the Independent Reviewer, Evaluator shall have full and DOJ and its agents. have reasonable direct access to all City and VPD staff, employees, critical incident crime scenes, and facilities that the Independent Reviewer, and DOJ and its agents, Evaluator reasonably deems necessary to carry out the duties assigned to the Independent Reviewer Evaluator by this Agreement. The Independent Reviewer, and DOJ and its agents, Evaluator shall cooperate with the City and VPD to access people and facilities in a reasonable manner that, consistent with the Independent ReviewerEvaluator’s responsibilities, minimizes interference with daily operations and shall not compromise the integrity of any ongoing criminal investigationoperations. 864. The City VPD shall ensure that the Independent Reviewer Evaluator and DOJ shall have reasonable full and direct access to all City staff, employees, facilities, documents, VPD documents and data that the Independent Reviewer Evaluator reasonably deems necessary to carry out the duties assigned to the Independent Reviewer Evaluator by this Agreement, except any documents or data protected by the attorney-client privilege or other applicable lawprivilege. The attorney-client privilege may not be used to prevent the Independent Reviewer Evaluator or DOJ from observing reviews, meetings, and trainings such as use of force review boards, ; disciplinary hearings, ; or discussions of misconduct complaint investigations. Should the City decline If VPD declines to provide the Independent Reviewer access to specific documents or data based on attorney-client privilege, the City VPD shall inform the Independent Reviewer Evaluator and DOJ that it is withholding documents or data on this basis and shall provide the Independent Reviewer Evaluator and DOJ with a log describing the documents or data. 5. For the purpose of implementing this Agreement, DOJ and its consultative experts and agents shall have full and direct access to all VPD staff, employees, facilities, documents, and data that have pertinent information about VPD. DOJ and its consultative experts and agents shall cooperate with VPD to access involved personnel, facilities, and documents in a reasonable manner that, consistent with DOJ’s responsibilities to enforce this Agreement, minimizes interference with daily operations. 6. The City shall work to ensure that the Independent Reviewer receives all requested documents to the maximum extent allowable by law. 87. The Independent Reviewer and Evaluator or DOJ shall provide the City with reasonable notice of a request for copies of documentsdocuments or data. Upon such request, the City and/or VPD shall provide, provide in a timely mannermanner copies, not to exceed 30 days, copies (electronic, where readily available) , of the requested documents to the Independent Reviewer Evaluator and DOJ. 7. If The Evaluator shall have access to all records and information relating to criminal investigations of VPD officers as permissible by law and in the requested possession and control of VPD. The Evaluator shall have access to all documents are voluminousin criminal investigation files that have been closed by VPD. The Evaluator shall also have reasonable access to all arrest reports, DOJ will work with warrants, and warrant applications whether or not contained in open criminal investigation files. Where practicable, arrest reports, warrants, and warrant applications shall be obtained from sources other than open criminal investigation files. 8. Any disclosure of confidential and/or privileged information provided by the City regarding or VPD to the timing Evaluator or DOJ, and any disclosure of confidential and/or privileged information provided by the production. 88Evaluator to DOJ, the City, or VPD, shall constitute a disclosure made through legal proceedings within the meaning of Government Code section 6254.5, subdivision (b) and (e), and such disclosure is not a waiver under Government Code section 6254.5. The Independent Reviewer Additionally, all documents will be requested and produced to DOJ under this Agreement pursuant to DOJ’s subpoena power set forth in Government Code sections 1181 and 1183. Any disclosure of confidential and/or privileged information provided by the City or VPD to the Evaluator or DOJ shall be protected from disclosure by any and all confidentiality laws, rules and regulations in effect at the time of this Agreement. Accordingly, the Evaluator and DOJ shall maintain all non-non- public information provided by VPD and the City in a confidential manner. Other than as expressly provided in this Agreementherein, this Agreement shall not be deemed a waiver of any privilege or right the VPD or City may assert, including those recognized at common law or created by statute, rule, or regulation regulation, against any other person or entity with respect to the City’s disclosure of any documentdocument to the Evaluator or DOJ. 89. The Independent Reviewer will not issue statements or make findings with regard to any act or omission of any Party, or their agents or representatives, except as required by the terms of this Agreement.