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 (ii), when
a complaint is made against a correctional officer more
than 90 days after the applicable statute of limitations
has expired for the civil wrong 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) Notwithstanding paragraph (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,
trial or proceeding, judicial or administrative, to the
effect that the correctional officer refused to take a
polygraph examination.
(13) No correctional officer may be subjected to or
threatened with adverse employment action as a result of the
exercise of the rights accorded to correctional officers
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