ARM 2.21.4022. CONFIDENTIALITY REQUIREMENTS

(1) Agency managers shall make every attempt to protect the privacy of individuals involved in the complaint process; however, individual privacy cannot be guaranteed. (2) Agency managers may not prohibit employees from discussing a complaint or ongoing investigation with coworkers unless management conducts an individualized assessment and demonstrates that one of the following factors exists: (a) there are witnesses in need of protection; (b) evidence is in danger of being destroyed; (c) testimony is in danger of being fabricated; or (d) there is a need to prevent a cover-up. (3) Agency managers shall document their rationale for requiring that employees refrain from discussing a complaint or ongoing investigation. (4) The human resource staff shall maintain the investigative report and supporting documents in a secure, confidential case file separate from the regular employee file.