collective bargaining representative pursuant to State law,
the correctional officer shall also have the right to have an
agent from the exclusive collective bargaining representative
present.
(11) Prompt action shall be required as follows:
(i) Except as provided under subparagraph (iii),
when a complaint is made against a correctional officer
more than 90 days after the applicable statute of
limitations has expired for the civil action alleged, the
complaint shall be classified as unfounded and shall be
completely expunged from any personnel file maintained by
the department on the correctional officer.
(ii) When a complaint is made against a correctional
officer for an act of misfeasance more than 60 days after
the alleged date of the act, the complaint shall be
classified as unfounded and shall be completely expunged
from any personnel file of the correctional officer
maintained by the department.
(iii) Notwithstanding subparagraph (i), no complaint
which alleges conduct that would constitute a misdemeanor
or felony offense, if proven, shall be classified as
unfounded or expunged as a stale complaint until the
applicable statute of limitations expires as prescribed
under 42 Pa.C.S. Ch. 55 Subch. C (relating to criminal
proceedings).
(12) No correctional officer may be compelled to submit
to a polygraph examination. No disciplinary action or other
recrimination may be taken against a correctional officer for
refusing to submit to a polygraph examination. No testimony
or evidence shall be admissible at a subsequent hearing,
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