Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 9 contracts
Sources: General Professional Labor Agreement, General Professional Labor Agreement, General Professional Labor Agreement
Personnel File. Initial minor infractionsA. Each campus shall maintain, irregularitiesfor official University purposes, or deficiencies one (1) official personnel file for each unit member. This file shall first be privately brought kept under conditions that insure its integrity and safekeeping and shall contain copies of personnel forms, official correspondence to and/or from the unit member, written evaluations and other appropriate material relating to the attention unit member’s employment. Unit members shall be informed by the University of the employee and, if corrected, shall not be entered into location of the employee's official personnel file. Upon A supervisor’s personal notes regarding the employee’s request, a “letter counseling memorandum/letters of expectation,” which is not disciplinedirection, may be removed equal opportunity complaints including supporting documentation, and records relating to grievances and/or arbitrations, are specifically excluded from the official personnel filefile except as otherwise provided by Article 15, provided that Paragraph E(4). Handling of sensitive documents which are prepared for retention in the employee has performed satisfactorily official personnel file (referenced above) should occur with regard for six (6) months the subject employee’s concern for appropriate privacy and the University’s proper interests. No information or material from the date official personnel file shall be released to any outside person, organizations or institutions without the prior written permission of the “letter unit member. Excluded from this requirement is any release of expectationinformation that is specifically required by statute or governmental regulation, subpoena or other court orders; however, should such information be provided, the bargaining unit member will be timely informed of what specific information is being provided and to whom such information is released, unless such notification is contrary to the statute, regulation, subpoena or court order.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee
B. Unit members shall be furnished with sent a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, material henceforth placed in the employee's personnel file shall state at the corrective action expected of same time as it is placed in the employeefile. Upon request of the employeeAnonymous, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days unattributed or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file inappropriate material shall not be placed in the employee’s file. A unit member shall have the right to submit a written response to any material placed in the personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority This written response shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall then be without cost filed and attached to the employee or Associationappropriate file material. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not Any correspondence addressed to a unit member that is to be placed in the employee's personnel file shall be sent to the unit member “cc: Personnel File.”
C. Unit members shall have the right to examine their file in the presence of the file’s custodian, or that individual’s designee, during the normal business hours of the office in which the file is kept. A unit member may obtain copies of any material in the personnel file. Access shall be permitted and copying accomplished during the normal business hours of the office in which the file is kept. A unit member whose regular work location is not in the same city or town as the location where her/his personnel file is maintained may request from the file custodian that a paper or electronic copy of the file be sent to the unit member at no cost to enable the unit member to examine the file. The request must be a signed written request or sent from the unit member’s ▇▇▇▇▇.▇▇▇ account. The copy of the file will be sent to a University physical address or a member’s ▇▇▇▇▇.▇▇▇ e-mail address. Such a request may be made no more than once per year. The file custodian will provide the requested copy of the file as soon as practicable and no later than ten (10) business days after the request.
D. Unit members are encouraged to periodically review their file. It shall be the responsibility of each unit member to annually update the personnel file including any relevant professional accomplishments.
E. A unit member may indicate in writing to the file’s custodian those materials which the unit member considers inappropriate to be retained. The materials shall be reviewed by the file’s custodian and shall be removed from the file if adequate justification is shown for their removal.
F. In a specific personnel action no use may be made of any material which has not been properly and timely placed in the official personnel file with the exception of recommendations regarding a specific personnel action by reviewing individuals or bodies which shall be placed in the personnel file as soon as a decision is reached in the specific action. In addition, counseling memorandum may be used by the University as documentation of prior discussions to support subsequent personnel actions in the specific area covered by the memorandum for 12 months following the issuance of the letter.
G. The file shall be available to authorized committees and individuals responsible for the review and recommendation of a unit member with respect to any personnel actions.
H. The Association or duly designated representative shall have access to a unit member’s personnel file providing written authorization has been granted by the unit member to the custodian of the files. The Association or the duly designated representative shall be subject to the same rules on access and copying that are applicable to the unit member.
I. The Association agrees to indemnify and hold the Board harmless from and against any liability for any claim of improper, illegal or unauthorized use by the Association, or a duly designated representative, of information contained in the personnel file.
J. If the Association requests material relevant to a grievance that did not accompany the grievance, the University will make a reasonable effort to provide relevant material that is in its possession unless provision of such material is deemed by the University to be violative of its responsibility under 1 MRSA S401-410.
K. Materials relating to a bargaining unit member’s evaluation and any other sensitive information pertaining to a unit member’s employment shall be treated with appropriate safeguards which respect the employee’s privacy. Appropriate safeguards include measures such as envelopes, folders, and secure electronic files.
Appears in 6 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractionsEmployees shall be entitled to review the contents of their personnel files at reasonable intervals. Such review shall be permitted, irregularitiesupon request, or deficiencies only during hours when their personnel office is regularly open for business and within three (3) days of their request, except when an employee is assigned to a remote area. No materials which may be the basis for future disciplinary actions shall first be privately brought placed in employees’ personnel files until the employees have had an opportunity to discuss with their supervisor such material. Employees shall be supplied with a copy of said material. In the event employees object to the attention inclusion of such materials in their files, they may file a grievance with regard to the employee andplacement of such material in their personnel files. Any such material shall not automatically disqualify an employee’s transfer, if correctedreassignment or promotion. Any material which could be the basis for disciplinary action, excluding Notices to Correct Deficiencies (NTCDs) and suspensions, shall be assigned an expiration date not be entered more than two (2) years subsequent to the effective date of such material. Nothing in this Article shall prevent the removal of such material from an employee’s personnel files prior to the expiration date upon approval of Management. The Department shall evaluate each Notice to Correct Deficiencies (NTCD) before including it as a supporting document in any succeeding disciplinary action. Prior to entering an NTCD into the employee's ’s personnel filefiles, each offense cited on such NTCD shall be classified as to the seriousness of the infraction and assigned an expiration date. Upon Such expiration date shall be not more than two (2) years subsequent to the employee’s requestdate of the infraction. In order to minimize administrative problems, a “letter of expectation,” which is not discipline, an NTCD may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon ’s files upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against such request must be made subsequent to the employee for a period of eighteen (18) months following expiration date, as set forth on the NTCD. NTCDs in an employee’s file past the expiration date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a referenced in, nor form the basis for any subsequent discipline of disciplinary action, provided, that the employeeemployee has not been given any other NTCDs or disciplinary action prior to the expiration date. The contents Nothing in this Article shall prevent the removal of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the NTCD from an employee’s personnel filefiles prior to the expiration date upon the approval of Management. In the event a grievance that the NTCD is initiated under Article 9issued for such things as poor work performance or tardiness, the Appointing Authority shall provide a copy of any items from supervisor will review with the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agencyreasonable intervals, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence ’s progress in any disciplinary action or hearing. This does not limit, restrict, or prohibit correcting the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filedeficiency.
Appears in 6 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Personnel File. Initial minor infractions, irregularities8.09.1 The Employer shall maintain one Personnel File on each Employee. The File shall contain documents and materials used or to be used in implementing and administering the employment relationship and the relevant terms and conditions of the Collective Agreement. No anonymous material concerning any Employee which cannot be supplied to the Employee shall be kept for inclusion in the Personnel File. Access to an Employee's Personnel File shall be restricted to the Employee and/or his or her duly authorized representative and to authorized representatives of the Employer, or deficiencies as may be otherwise authorized under this Agreement or by law. The Employee shall first be privately brought notified in writing within ten (10) Days of any material added to his or her File with the exception of routine documents related to the attention employment relationship or documents which have already been copied to the Employee or have been received from the Employee.
8.09.2 Upon providing reasonable advance notice to the Director of the employee andHuman Resources, if corrected, an Employee shall have access to his or her Personnel File during normal business hours. The Personnel File and contents may not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel fileoffice in which they are held. The Employee may, provided upon written request to the Director of Human Resources obtain a copy of any document in his or her Personnel File.
8.09.3 If an Employee believes that a document or information contained in his or her Personnel File is erroneous, inaccurate, inadequate, or not relevant to the Employee’s employment relationship he or she has the right to include in the Personnel File written comments pertaining to the accuracy, relevance, meaning or incompleteness of the contents of the Personnel File. In addition, the Employee may request in writing to the Director of Human Resources that the employee has performed satisfactorily document or information be removed, corrected or supplemented for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel fileclarification. Investigations which do not result in disciplinary actions Such requests shall not be entered into the employee's personnel filearbitrarily denied. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of Within ten (10) days Days of receiving the request, the Director of Human Resources will first determine whether the impugned document or less information is relevant. If it is not relevant, it shall be removed immediately from the employee's personnel file provided Personnel File. If it is relevant but erroneous, inaccurate, or inadequate, the Director of Human Resources shall remove, correct or supplement the document or information as per the Employee’s request. If the Director of Human Resources denies the remedy requested by the Employee, the Director will communicate that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and decision to the employee's Association ▇▇▇▇▇▇▇ upon Employee in writing and state the written request of reasons for the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.denial within ten
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Personnel File. Initial minor infractionsCertificated employees will have the right to inspect the contents of their complete personnel file, irregularities, or deficiencies shall first which will be privately brought to maintained in the attention District Office. Such inspections will be at the convenience of the employee andand the District. Upon request, if corrected, shall not a copy of any documents contained therein will be entered into afforded the employee at no cost to the employee. Each certificated employee's personnel file will contain (1) evaluation reports, (2) copies of annual contracts, (3) a facsimile of credential(s), (4) transcript(s) of academic records, and (5) employment records. Upon each inspection the employee will verify by signature and date, their review of the contents of the personnel file. If any materials other than items 1-5 above are included, the employee will be notified in writing within five (5) business days of receipt and placement in the file. No record of a complaint from a parent, student, co-worker, or member of the community will be placed in the file unless the Superintendent or designee has notified the employee of the complaint and provided a copy to the employee within five (5) business days of receipt. If warranted, the District will investigate to determine if there is a basis for the complaint. Upon request by the employee’s requestemployee and approval of the Superintendent, a “letter of expectation,” which is not discipline, materials may be removed from the personnel filefile after three (3) years, provided that if the disciplinary action was a written reprimand or less, and if the employee has performed satisfactorily not repeated the action that caused the discipline to be initiated. Any documents, required by law to remain in the personnel file, such as discipline concerning sexual or physical abuse, will not be removed. If the superintendent denies the request for six (6) months from the date removal of disciplinary notices, the employee will receive a written explanation of the “letter reasons for such denial. All materials related to an employee's discipline or complaints held at the work location, except for the building copy of expectation.” An oral reprimand shall not become the formal evaluation, will either be transferred to the District personnel file or will be destroyed at the end of each school year. A copy of any/all materials transferred to the district personnel file will be provided to each employee prior to the time of transfer. If a part of public information request is made to review and/or copy any material from an employee's personnel file. Investigations which do not result in disciplinary actions shall not , the employee will be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected notified within 48 hours of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filerequest.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies A. The Board shall first be privately brought to maintain a personnel file for each bargaining unit member in the attention of the employee and, if corrected, Board’s human resources department.
B. Anonymous correspondence shall not be entered into the employee's placed in a bargaining unit member’s personnel file; provided however, where the Board receives anonymously provided information relating to a bargaining unit member and the Board independently corroborates some or all of this information, such anonymously provided information may be included in the Board’s investigation report which may be placed in the member’s personnel file.
C. Each bargaining unit member may review their personnel file in the presence of a Board representative and may request a copy of the personnel file, which shall be provided one (1) time at Board expense. Upon Any subsequent request for copies shall be paid by the employeebargaining unit member.
D. The bargaining unit member shall receive a copy of any document placed in their personnel file provided such document relates to the performance of the member’s requestjob responsibilities, evaluations, investigation reports, adverse employment actions, performance counseling efforts, violation of applicable rules, misconduct, and/or similar information.
E. If a “letter member receives any of expectation,” the documents described in the preceding paragraph, they shall sign the document, which is not disciplineshall only indicate receipt of same, and the member may submit a written response thereto, which shall be attached to the relevant document and placed in the member’s personnel file.
F. A bargaining unit member may request to have information removed from the file if they believe, in good faith, that the personnel file contains inaccurate information.
G. A bargaining unit member’s verbal warning or written reprimand, except in the case of a serious offense, shall be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and after 24 months.
H. Appropriate communications of commendation or award pertinent to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file bargaining unit member’s job performance shall not be placed in the employeebargaining unit member’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filerequest.
Appears in 4 contracts
Sources: Master Contract, Master Contract, Master Contract
Personnel File. Initial minor infractions, irregularities, or deficiencies A. The District shall first maintain an official personnel file for each employee. The file will be privately brought maintained in the District Central Office.
B. An employee shall be permitted to review material contained in his/her official file. An employee wishing to access his/her official personnel file shall provide at least a 24-hour advance notice. The District shall remove all pre-employment material from the attention of the employee and, if corrected, shall not be entered into file prior to review by the employee's personnel file. Upon A designated District official from the employee’s request, Central Office shall be present during the file review. The file reviewer shall sign and date a “letter of expectation,” which is not discipline, may be removed from form maintained in the personnel file.
C. The District will honor reasonable requests for a copy of an accessible document in the official file for the employee. The employee may be required to assume a reasonable cost for the copies.
D. Except for routine file maintenance material, provided the District shall provide an employee with a copy of any document prior to the placement of the document in the official file. The employee will sign and date the document verifying that the employee has performed satisfactorily for six (6) months from read the date of the “letter of expectation.” An oral reprimand shall not become document. The employee may submit a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of within ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for of notification of a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be document being placed in the employee’s official personnel file. In the event .
E. Each supervisor or administrator may maintain a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel separate evaluation file upon the request of the for each employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion work site. The evaluation file may consist of, but is not limited to, Professional Development Plans, Professional Growth Plans, technology Appropriate Use Policy forms, evaluation documents, formal classroom observation forms, warnings, notices of the agencyincidents, reprimands, individual leave records, pay-related documents, FMLA documents, resignation letters, requests for transfers, letters of such material shall be without cost commendation, certificates or verifications of professional development, copies of licenses, application forms, resumes, and requests for file review. The evaluation file as described herein is accessible to the employee or Association. Only his/her representative upon 24-hour written advance request by the employee's personnel file .
F. An employee may be used accompanied by an RRSEU representative while reviewing his/her official file or evaluation file as evidence described in Section E of this Article. The employee may also assign the privilege of reviewing the file to an RRSEU representative provided the employee gives authorization in writing.
G. Documentation related to any disciplinary action pending investigation or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall grievance will not be placed in an employee’s official file until the employee's personnel fileinvestigation or grievance is completed.
Appears in 4 contracts
Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Personnel File. Initial minor infractionsEach employee may review the contents of his/her personnel file not specifically exempt from employee inspection by the Employee Records Act during normal business hours, irregularities, or deficiencies shall first be privately brought to provided such inspection does not interfere with the attention operations of the unit office. The administration may have a representative present for such review. The employee and, if corrected, shall submit a written request for such review at least twenty-four (24) hours before such review. Employees may not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed remove any material from the personnel filepremises, provided that but may cause nonclassified materials to be copied and be charged the employee has performed satisfactorily then prevailing rate for six (6) months from the date of the “letter of expectation.” An oral reprimand same. Administrative or Board reprimands or other disciplinary materials shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel filefile in the Unit office within a reasonable period of time. In the event a grievance is initiated under Article 9, the Appointing Authority The employee shall provide receive a copy of any items from such materials at or about the same time as the material is placed in the employee's ’s unit office file. If any employee feels that material in his/her personnel file upon is inaccurate, incomplete or unjust, the request employee may put any objections or clarifications in writing and have them become part of the employee file. Any bargaining unit member who has a reprimand or the Association, with any copying costs paid Board approved notice to remedy in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's his/her personnel file may be used as evidence request the administration to draft a letter for that employee’s personnel file. The Administration shall write a response in any disciplinary action a reasonable period of time, reviewing the employee’s actions or hearingconduct since the reprimand or letter or remediation. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, Materials in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall respect to matters in process need not be placed in the employee's personnel Unit office file. Memoranda, notes or other materials which the administration determines need not result in formal discipline need not be placed in the formal Unit file. If a principal leaves the district at the end of a fiscal or school year, and the principal has not taken action to effectuate discipline, the principal’s file will be purged. This will not effect work-in-progress, or matters under investigation which the principal has not finished.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six 9.1 One (61) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's official personnel file shall be disclosed to them upon request and maintained for each employee in an office designated by the President for that purpose. The term "personnel file" as used in this Agreement shall refer to the employee's Association ▇▇▇▇▇▇▇ upon one (1) official personnel file.
9.2 An employee may request an appointment for the written request purpose of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s inspecting their personnel file. In the event Such request shall be honored subject to reasonable conditions relating to time and place.
9.3 An employee may be accompanied by a grievance is initiated under Article 9, the Appointing Authority shall provide person of their choice when inspecting their personnel file.
9.4 An employee may submit a copy of any items from the employee's rebuttal statement to material in their personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material which shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
9.5 If, after examination of their records, an employee believes that any portion of the material is not accurate, relevant or complete, the employee may request in writing to the President correction of the record. The request shall include a written statement by the employee describing corrections that the employee believes should be made, and the facts and reasons supporting such request. Such request shall become part of the personnel file, except in those instances in which the disputed material has been removed from the file.
9.6 Within twenty-one (21) days of an employee's request for correction of the record, the President shall notify the employee in writing of their decision regarding the request. If the President denies the request, the President shall state the reason(s) for denial in writing, and this written statement shall be sent to the employee. If the President grants the request for correction of the record, however, the record shall be corrected. The employee shall be sent a copy of the corrected record and a written statement that the incorrect record in question has been permanently removed from the employee's personnel file.
9.7 Personnel recommendations or decisions relating to the promotion, retention, termination or any other personnel action of a disciplinary or pre-disciplinary nature shall be based primarily on material contained in the employee's personnel file and open to the employee's inspection. If a personnel recommendation or decision is based on any reasons not contained in the employee's personnel file, the party making the recommendation or decision shall commit those reasons to writing, and the written statement of those reasons shall become part of the employee's personnel file. The employee shall receive a copy of any material which could lead to a personnel action at least five (5) days prior to placement in the personnel file.
9.8 An individual employee's attendance and payroll records maintained separately from the personnel file may be reviewed by the employee upon request.
9.9 An employee shall have the right of access to reports, documents, correspondence, and other material officially maintained in their campus personnel file. Employees shall have the right of access to pre-employment materials only in the instance when such material is used in a subsequent personnel action.
9.10 The employee shall, within four (4) days of their written request, be provided an exact copy of all or any portion of materials in the employee's personnel file. The employee shall bear the cost of duplicating such materials.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their his/her personnel file and shall be entitled to have their his/her written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen one (181) months year following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. employee. The contents of an employee's personnel file shall be disclosed to them him/her upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two ten (210) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 3 contracts
Sources: General Professional Labor Agreement, General Professional Labor Agreement, General Professional Labor Agreement
Personnel File. Initial minor infractions, irregularities21.01 There shall be only one personnel file for each Member which shall be located at the Board Administration office.
21.02 A Member shall have access to the Member’s personnel file in the presence of the Administrator of Human Resources, or deficiencies shall first be privately brought to designate, during normal business hours, upon prior arrangement with the attention of the employee and, if corrected, shall not be entered into the employee's personnel fileHuman Resources Department. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee Member shall be furnished provided with a copy of material contained in such file at the Union’s expense.
21.03 The Member may request that the Bargaining Unit President or designate accompany the Member to review the personnel file.
21.04 Each Member must be provided, in writing, with all evaluative notations of derogatory or disciplinary action which are to be placed on the Member’s personnel file. Unless such notation is made in writing to the Member, the Board shall not use such incident as part of the Member’s past record to justify a later disciplinary action. Such notice must be given to the Member within ten (10) working days of the discovery of the occurrence giving rise to the action and such notice shall be acknowledged by a signed receipt of a letter delivered in person or by registered mail. Where the Member authorizes release of such letter , a copy shall be sent to the President of the Bargaining Unit. Any written reply made by a Member to a derogatory notation or disciplinary entries into their action shall be included in the Member’s personnel file. Where the Member authorizes, the Board shall send, by mail, a copy of the reply to the President of the Bargaining Unit.
21.05 A Member may dispute, in writing, the accuracy or completeness of information in a Member’s personnel file. Where this occurs, the Board shall respond to the Member to confirm or amend the information and shall notify the Member in writing of its decision, including reasons for that decision where such a written response is requested by the Member. The written dispute from the Member must contain the specific alleged inaccuracy or incomplete information and the desired change(s).
21.06 Notwithstanding 21.07, all correspondence resulting from 21.04 will be maintained in the Member’s personnel file unless otherwise agreed between the Member and shall the Board.
21.07 Where two (2) years have elapsed since the recording of a disciplinary notation on a Member’s file, the Member may request that such disciplinary notation be entitled to have their written response included thereinreviewed. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand Such notation shall be removed from the employee's file provided such personnel file provided that no further has been free of any written warning or disciplinary action has been taken against during the employee for intervening period.
21.08 The signature of a period of eighteen (18) months following Member on any document respecting the date performance or conduct of the written reprimand. Upon request Member shall be deemed to be evidence only of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filereceipt thereof.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention A. Before any material of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which derogatory nature is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of placed in an employee's personnel file, the affected employee shall first have the opportunity to review it. Investigations which do Once the employee has been given the opportunity to review the material, he/she shall sign a statement indicating only that he/she has been given that opportunity, not result in disciplinary actions necessarily agreeing to the contents thereof. A copy of the same shall not be entered into provided to the employee's personnel file. Each .
B. The employee may submit a statement regarding said derogatory material and that statement shall be furnished with affixed to the material referenced above.
C. If a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, Counseling Memorandum is placed in the an employee's personnel file shall state the corrective action expected of the employee. Upon request of the employeefile, a written reprimand said Memorandum shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of after eighteen (18) months following provided the date of problem identified in the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action Memorandum has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removalcorrected, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be provided no counseling memorandum involving similar conduct have subsequently been placed in the file.
D. If any derogatory material originates from a source other than the affected employee’s personnel file. In the event a grievance is initiated under Article 9's Department Head, the Appointing Authority Department Head will investigate to determine that the derogatory material is valid, it shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file along with a Counseling Memorandum.
E. If no Warning Notice is placed in the employee's file, after eighteen (18) months, the derogatory material, along with the Counseling Memorandum, must be removed upon request of the employee, and provided no counseling memorandum involving similar conduct have subsequently been placed in the file.
F. Such Counseling Memorandum as identified in (E.) above may be removed earlier than 18 months upon the request of the employee and with the approval of the Department Head.
G. The employee may request Union representation at the time a Counseling Memorandum is being provided to the employee, if such employee desires. The Department Head shall provide a reasonable amount of time for the Union to provide such representation.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first Represented employees will be privately brought to the attention given a copy of entries of a derogatory nature when they are placed in their official personnel file. Derogatory entries in a represented employee’s official personnel file are evaluated in terms of the seriousness of the action(s) or incident(s) described and the recency and repetitiveness of such action(s) or incident(s) for use in disciplinary proceedings. Entries describing action(s) or incident(s) that are of minor significance and/or that have not been repetitive will receive more limited consideration in disciplinary proceedings. This paragraph does not apply to represented employees in Units U41 or TM1. Disciplinary letters in a represented employee’s file shall not be used as the basis for disciplinary action imposed more than four (4) years after the date of the disciplinary letter (three [3] years for written reprimands). Materials relating to formal notices of counseling or written reprimands shall be removed from all personnel files after three (3) years upon request by the employee andprovided there has been no disciplinary action for the same three (3) year period and the employee has maintained a fully effective performance evaluation. But disciplinary letters of any date may be used to rebut factual assertions made by or on behalf of the represented employee in disciplinary proceedings. Disciplinary letters of any date may also be used as evidence that the City has complied with progressive discipline requirements (if any apply), if correctedthe represented employee is aware of rules or standards of conduct, and/or the represented employee has been instructed to take specified actions or improve conduct. This paragraph does not apply to represented employees in Units U41 or TM1. Information of a derogatory nature shall not be entered into the employee's personnel file. Upon the a represented employee’s request, a “letter of expectation,” which personnel file until the represented employee is not discipline, may be removed from given written notice and an opportunity to review and comment on the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel fileinformation. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each A represented employee shall be furnished with have the right to attach to any such derogatory statement (such as formal notices of counseling or a copy of all evaluative and disciplinary written reprimand), the represented employee’s own comments on the information. This paragraph does not apply to represented employees in Units U41 or TM1. All derogatory entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the a represented employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's ’s personnel file shall be disclosed to them upon request signed and dated by the author with documentation of delivery to the represented employee's Association ▇▇. Represented employees may review their official personnel files in the Personnel Department twice per year and may make copies, at their own expense, of the documents contained in the file, except that copies of all original entries to the files shall be provided at no expense to represented employees at the time of entry. The City may establish reasonable rules for the control of the files in the implementation of this provision. A represented employee may also authorize, in writing, the Union Representative to inspect a personnel file related to a dispute concerning that represented employee. Material in personnel files shall be regarded as confidential and disclosed only in accordance with provisions of law. To the extent that any aspect of this section creates an expectation of progressive discipline, it shall not apply to ▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇, ▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel fileU41.
Appears in 3 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention of the employee and, if corrected, shall not be entered into the employee's personnel file1. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six Only one (61) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's official Board personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the kept for each employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access location of such file shall be made known to all employees and a copy of any material added to the official file shall not be given to the employee at the time it is added.
2. A copy of all evaluation material affecting an employee shall be placed in the employee’s personnel file. In , and the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, originator of such material shall be without cost identified. The employee may respond to any such material in writing and such response shall be made part of the employee’s personnel file, provided such comments shall be filed within fifteen (15) employment days of the date when such was first made known to the employee.
3. Each employee shall have the right, upon request, to review the contents of his/her own personnel file. A representative of the Union may, at the employee’s request, accompany the employee in this review.
4. No one shall remove any material from a personnel file without the expressed written consent of both the Board and the employee, but an employee shall have the right to copy any material in the file, or Associationto have such copies mechanically made by the District office personnel with prior approval of the Board or designee.
5. Confidential material, such as recommendations by colleges or universities, or evaluations or recommendations of an employee by a previous employer, shall not be deemed to be a part of the employee personnel file described in this Section.
6. The material in the employee’s personnel file shall not be made known to persons other than administrators or members of the Board, or counsel for the Board, or as required by law, except with the written consent of the employee.
7. Only items which have been reduced to writing, signed or initialed by the employee's , dated and placed in the official personnel file may be used as evidence in any for disciplinary action purposes. In the event that the employee refuses to sign or hearing. This does not limitinitial the document, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it shall be so limit the Association. Documentation regarding wage garnishment action against an employee shall not be noted and placed in the employee's personnel file.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies The Employer shall first maintain a personnel file for each employee in the District office. A copy of all official correspondence from the Employer to an employee shall be privately brought to placed in the attention of personnel file. All complaints against the employee andplaced in the personnel file shall identify the person or person(s) bringing the complaint. Employees will be required to sign any material of a disciplinary nature or involving complaints against the employee that are to be placed in their personnel file; provided, if correctedhowever, that the refusal of an employee to sign any material shall not prevent its inclusion in the personnel file. An employee's signature on disciplinary material or complaints shall not be entered into interpreted as agreement with the disciplinary action or the complaint. A statement to this effect shall precede the employee's signature. The refusal of an employee to sign any material will subject them to disciplinary action but will not prevent its inclusion in the personnel file. Upon Employees shall have the right to review the contents of their personnel file upon request. This review will take place at a time mutually agreeable to the employee and the Employer, and will be conducted in the presence of an administrator or designated representative. A representative of the Association may, at the employee’s 's request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that accompany the employee has performed satisfactorily for six (6) months from in such review. In the date event there is disagreement over the content of the “letter of expectation.” An oral reprimand shall not become a part of any material in an employee's personnel file. Investigations which do not result , the employee may submit a written statement for inclusion in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to explain his position concerning material in dispute. In addition, an employee who believes that material placed in his file is inappropriate or in error may seek to have their written response included thereinthe material changed and/or removed from the personnel file through the grievance procedure. All disciplinary entries, except discharge, in the An employee's personnel file shall state contain a record indicating the corrective action expected of individuals other than District administrators who have reviewed the employee. Upon request of the employeefile, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of review and the employee, a written record of a suspension of ten (10) days or less shall be removed from reason for the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel filereview. In the event the District receives a grievance is initiated under Article 9FOIA request for the personnel file(s) of any teacher(s), or any portion thereof, the Appointing Authority District shall provide a provide, as soon as practical, the following to the affected teacher(s):
1. A copy of any items from the employee's personnel file upon FOIA request.
2. The name(s) f the request of the employee or the Association, with any copying costs paid in advance requesting parties and all communications received by the employee or district related to the AssociationFOIA request.
3. HoweverUpon the teacher’s request, up copies of all communications and documentation sent to two (2) copies or a digital copy, at the discretion of requesting parties by the agency, of such material district shall be without cost provided to the employee or Associationteacher. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee The District shall not be placed in the employee's personnel filerelease “exempt” items to third parties.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractionsEmployees shall be entitled to review the contents of their personnel files at reasonable intervals. Such review shall be permitted, irregularitiesupon request, or deficiencies only during hours when their personnel office is regularly open for business and within three (3) days of their request, except when an employee is assigned to a remote area. No materials, which may be the basis for future disciplinary actions, shall first be privately brought placed in employees' personnel files until the employees have had an opportunity to discuss with their supervisor such material. Employees shall be supplied with a copy of said material. In the event employees object to the attention inclusion of such materials in their files, they may file a grievance with regard to the employee andplacement of such material in their personnel files. Any such material shall not automatically disqualify an employee's transfer, if correctedreassignment or promotion. Any material which could be the basis for disciplinary action, excluding Notices to Correct Deficiencies (NTCDs) and suspensions, shall be assigned an expiration date not be entered more than two (2) years subsequent to the effective date of such material. Nothing in this Article shall prevent the removal of such material from an employee's personnel files prior to the expiration date upon approval of Management. The Department shall evaluate each NTCD before including it as a supporting document in any succeeding disciplinary action. Prior to entering an NTCD into the employee's personnel filefiles, each offense cited on such NTCD shall be classified as to the seriousness of the infraction and assigned an expiration date. Upon the employee’s request, a “letter of expectation,” which is Such expiration date shall be not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six more than two (62) months from years subsequent to the date of the “letter of expectation.” An oral reprimand shall not become a part of infraction. In order to minimize administrative problems, an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall NTCD may be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon files upon request of the employee, a written record of a suspension of ten (10) days or less shall provided that such request must be removed from made subsequent to the expiration date, as set forth on the NTCD. NTCDs in an employee's personnel file provided that no further disciplinary action has been taken against past the employee for a period of three (3) years following the beginning expiration date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a referenced in, nor form the basis for any subsequent discipline disciplinary action, provided, that the employee has not been given any other NTCDs or disciplinary action prior to the expiration date. Nothing in this Article shall prevent the removal of the employee. The contents of an NTCD from an employee's personnel file shall be disclosed to them upon request and files prior to the employee's Association ▇▇▇▇▇▇▇ expiration date upon the written request approval of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel fileManagement. In the event a grievance that the NTCD is initiated under Article 9issued for such things as poor work performance or tardiness, the Appointing Authority shall provide a copy of any items from supervisor will review with the employee, at reasonable intervals, the employee's personnel file upon progress in correcting the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filedeficiency.
Appears in 3 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Personnel File. Initial minor infractionsThe official personnel file shall be located in the Office of Human Resources. Upon request, irregularitiesevery bargaining unit member shall have the right to inspect and receive a copy of all material in his/her personnel file and electronic copies of Personnel Action Forms and Salary Orders. Any employee shall have the right to be accompanied by a CSEA representative when reviewing his/her personnel file and shall have the right to show the contents of his/her file to a designated representative. In addition, or deficiencies individual personnel files shall first be privately brought made available to the attention CSEA representative with written authorization from the employee.
14.8.1 All information of the employee and, if corrected, a derogatory nature shall not be entered into the employee's or filed in any personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that record unless and until the employee has performed satisfactorily for six is given notice. (6) months from Education Code 87081)
1. Enter, and have attached to any derogatory statements, his/her own comments with regard to the date of information;
2. Request a hearing with the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel fileappropriate administrator. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against If the employee for a period of eighteen (18) months following and the date of the written reprimand. Upon request of the employeeadministrator cannot reach agreement, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and may appeal to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employeeVice Chancellor, Human Resources for final determination. The written request authorizing the Association ▇▇▇▇▇▇▇ access If there is no response to the file shall not employee and CSEA within the thirty (30) calendar days, the appeal will be deemed accepted by the District and no derogatory information will be placed in the employee’s personnel record. (Education Code 87081)
14.8.2 Employees shall be informed specifically through written communication by their supervisor or person initiating the placement of any derogatory material in their personnel file of the following:
1. Date the material was sent for inclusion in the personnel file;
2. In Any communications to the event Office of Human Resources accompanying the material.
14.8.3 All material made a grievance part of the file shall be dated for the date of incident, date of origin of composition, as well as the date material is initiated under Article 9received for the personnel file.
14.8.4 Upon request, every bargaining unit member shall have the Appointing Authority shall provide right to inspect and receive a copy of any items from all material in his/her file, except for the employee's personnel file upon following:
1. Materials obtained prior to the request employment of the employee or the Association, person involved;
2. Materials prepared by identifiable examination committee member 3. Materials obtained in connection with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filepromotional examination.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractionsA. All items entered in the official personnel file of a Unit II member, irregularities, except confidential references pertaining to original employment or deficiencies shall first be privately brought to the attention of the employee and, if correctedpromotion, shall not be entered into open to that Unit II member under the employee's personnel filesupervision of and by appointment with the Supervisor of Human Resources. The employee may have an Association representative accompany him during such review. Upon the employee’s request, a “letter review of expectation,” which is not discipline, may be removed from the his personnel file, provided that Unit II employee shall have the employee has performed satisfactorily for six (6) months from right to indicate those documents and/or other materials in his personnel file which he believes to be obsolete or otherwise inappropriate to retain. Said documents shall be reviewed by the date superintendent or his designee and destroyed or retained as deemed appropriate by the superintendent.
B. The Board agrees to protect the confidentiality of Unit II member personnel files including personal references, academic credentials, and other similar documents.
C. No unfavorable material related to a Unit II member’s conduct, service, character or personality shall be placed in his personnel file without the Unit II member’s knowledge. The Unit II member shall acknowledge his awareness of the “letter of expectationmaterial by affixing his signature to the material to be filed with the understanding that such signature does not necessarily indicate agreement with the contents thereof.” An oral reprimand
D. The Unit II member shall not become a part of an employee's personnel file. Investigations which do not result have the right to answer any material placed in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their his personnel file and his answer shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access attached to the file copy.
E. The Unit II member shall not have the right to reproduce any material placed in his personnel file at his cost.
F. When performance evaluations are required those evaluations will be placed completed by July 31st of the year in which the evaluation is due. The evaluee will sign the evaluation, signifying receipt of the evaluation prior to the evaluation being included in the employee’s personnel file. In .
G. A written performance evaluation will be made a part of the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy personnel file of any items from Unit II employee leaving employment with the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the AssociationBoard. However, up Any additional materials to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filefile will be subject to the notice requirement in paragraph 3.7.C above.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first Represented employees will be privately brought to the attention given a copy of entries of a derogatory nature when they are placed in their official personnel file. Derogatory entries in a represented employee’s official personnel file are evaluated in terms of the seriousness of the action(s) or incident(s) described and the recency and repetitiveness of such action(s) or incident(s) for use in disciplinary proceedings. Entries describing action(s) or incident(s) that are of minor significance and/or that have not been repetitive will receive more limited consideration in disciplinary proceedings. This paragraph does not apply to represented employees in Units U41 or TM1. Disciplinary letters in a represented employee’s file shall not be used as the basis for disciplinary action imposed more than four (4) years after the date of the disciplinary letter. But disciplinary letters of any date may be used to rebut factual assertions made by or on behalf of the represented employee andin disciplinary proceedings. Disciplinary letters of any date may also be used as evidence that the City has complied with progressive discipline requirements (if any apply), if correctedthe represented employee is aware of rules or standards of conduct, and/or the represented employee has been instructed to take specified actions or improve conduct. This paragraph does not apply to represented employees in Units U41 or TM1. Information of a derogatory nature shall not be entered into the employee's personnel file. Upon the a represented employee’s request, a “letter of expectation,” which personnel file until the represented employee is not discipline, may be removed from given notice and an opportunity to review and comment on the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel fileinformation. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each A represented employee shall be furnished with a copy of all evaluative and disciplinary have the right to attach to any such derogatory statement, the represented employee’s own comments on the information. This paragraph does not apply to represented employees in Units U41 or TM1. All derogatory entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the a represented employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's ’s personnel file shall be disclosed to them upon request signed and dated by the author with documentation of delivery to the represented employee's Association ▇▇. Represented employees may review their official personnel files in the Personnel Department twice per year and may make copies, at their own expense, of the documents contained in the file, except that copies of all original entries to the files shall be provided at no expense to represented employees at the time of entry. The City may establish reasonable rules for the control of the files in the implementation of this provision. A represented employee may also authorize, in writing, the Union Representative to inspect a personnel file related to a dispute concerning that represented employee. Material in personnel files shall be regarded as confidential and disclosed only in accordance with provisions of law. To the extent that any aspect of this section creates an expectation of progressive discipline, it shall not apply to ▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇, ▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel fileU41.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first Represented employees will be privately brought to the attention given a copy of entries of a derogatory nature when they are placed in their official personnel file. Derogatory entries in a represented employee’s official personnel file are evaluated in terms of the seriousness of the action(s) or incident(s) described and the recency and repetitiveness of such action(s) or incident(s) for use in disciplinary proceedings. Entries describing action(s) or incident(s) that are of minor significance and/or that have not been repetitive will receive more limited consideration in disciplinary proceedings. Disciplinary letters in a represented employee’s file shall not be used as the basis for disciplinary action imposed more than four (4) years after the date of the disciplinary letter. But disciplinary letters of any date may be used to rebut factual assertions made by or on behalf of the represented employee andin disciplinary proceedings. Disciplinary letters of any date may also be used as evidence that the City has complied with progressive discipline requirements (if any apply), if correctedthe represented employee is aware of rules or standards of conduct, and/or the represented employee has been instructed to take specified actions or improve conduct. Information of a derogatory nature shall not be entered into the employee's personnel file. Upon the a represented employee’s request, a “letter of expectation,” which personnel file until the represented employee is not discipline, may be removed from given notice and an opportunity to review and comment on the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel fileinformation. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each A represented employee shall be furnished with a copy of all evaluative and disciplinary have the right to attach to any such derogatory statement, the represented employee’s own comments on the information. All derogatory entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the a represented employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's ’s personnel file shall be disclosed to them upon request signed and dated by the author with documentation of delivery to the represented employee's Association ▇▇▇▇▇▇▇ upon . Represented employees may review their official personnel files in the written request Personnel Department twice per year and may make copies, at their own expense, of the documents contained in the file, except that copies of all original entries to the files shall be provided at no expense to represented employees at the time of entry. The City may establish reasonable rules for the control of the files in the implementation of this provision. A represented employee may also authorize, in writing, the Union Representative to inspect a personnel file related to a dispute concerning that represented employee. The written request authorizing Material in personnel files shall be regarded as confidential and disclosed only in accordance with provisions of law. To the Association ▇▇▇▇▇▇▇ access to the file extent that any aspect of this section creates an expectation of progressive discipline, it shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up apply to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel fileUnit UM1.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Personnel File. Initial minor infractionsA. All items entered in the official personnel file of a Unit II member, irregularities, except confidential references pertaining to original employment or deficiencies shall first be privately brought to the attention of the employee and, if correctedpromotion, shall not be entered into open to that Unit II member under the employee's personnel filesupervision of and by appointment with the Supervisor of Human Resources. The employee may have an Association representative accompany him during such review. Upon the employee’s request, a “letter review of expectation,” which is not discipline, may be removed from the his personnel file, provided that Unit II employee shall have the employee has performed satisfactorily for six (6) months from right to indicate those documents and/or other materials in his personnel file which he believes to be obsolete or otherwise inappropriate to retain. Said documents shall be reviewed by the date superintendent or his designee and destroyed or retained as deemed appropriate by the superintendent.
B. The Board agrees to protect the confidentiality of Unit II member personnel files including personal references, academic credentials, and other similar documents.
C. No unfavorable material related to a Unit II member’s conduct, service, character or personality shall be placed in his personnel file without the Unit II member’s knowledge. The Unit II member shall acknowledge his awareness of the “letter of expectationmaterial by affixing his signature to the material to be filed with the understanding that such signature does not necessarily indicate agreement with the contents thereof.” An oral reprimand
D. The Unit II member shall not become a part of an employee's personnel file. Investigations which do not result have the right to answer any material placed in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their his personnel file and his answer shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access attached to the file copy.
E. The Unit II member shall not have the right to reproduce any material placed in his personnel file at his cost.
F. When performance evaluations are required those evaluations will be placed completed by July 31st of the year in which the evaluation is due. The employee being evaluated will sign the evaluation, signifying receipt of the evaluation prior to the evaluation being included in the employee’s personnel file. In .
G. A written performance evaluation will be made a part of the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy personnel file of any items from Unit II employee leaving employment with the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the AssociationBoard. However, up Any additional materials to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filefile will be subject to the notice requirement in paragraph 3.7.C above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention of the employee and, if corrected, shall not be entered into the A. An employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's departmental personnel file shall be disclosed to them upon request and to maintained in the facility's personnel office.
B. An employee's Association , and/or the CAPT ▇▇▇▇▇▇▇ upon or representative if properly authorized by the written request employee, may review his/her personnel file during regular personnel office hours, subject to operating needs of the employeepersonnel office. The written request authorizing the Association Upon prior approval of his/her supervisor, an employee and/or CAPT ▇▇▇▇▇▇▇ access shall be granted a reasonable period of release time during personnel office hours to the file shall not be placed in review the employee’s 's personnel file. In The personnel file may not be removed from the event a grievance is initiated under Article 9personnel office unless approved by the department head or designee. Copies of material within the personnel file shall be provided upon written request of the employee or, if properly authorized by the employee, the Appointing Authority CAPT ▇▇▇▇▇▇▇, subject to normal duplicating fees.
C. Performance-related material, other than covered by Subsection H below, the subject of which has not recurred, shall provide have a copy of any items removal date, not to exceed two (2) years.
D. An adverse action, other than a termination, may be retained in an employee's official personnel file for up to three years, unless a shorter duration is stipulated by a settlement agreement.
E. An employee may petition the Executive Director, Warden or designee to remove a recorded adverse action from the employee's official personnel file upon provided the request subject of the employee or the Association, with any copying costs paid in advance by the employee or the Associationadverse action has not recurred. However, up A petition to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee remove shall not be unreasonably denied. The decision of the Executive Director, Warden or designee may be appealed through the grievance procedure to the Department Director or designee (2nd level) whose decision shall be final.
F. There shall be only one (1) employee personnel file. Copies of material placed in the file will be provided to the employee, whenever possible, prior to placement in the employee's personnel file.
G. Any materials in an employee's personnel file involving a wage garnishment order shall, upon request of the employee, be removed after three (3) years from the date of order or the date the order is no longer valid, whichever occurs first.
H. Counseling memos, letters of instruction and work improvement memos shall contain an expiration date, not to exceed one year, at which time the employee may request the removal. When requested, the counseling memo shall be removed and given to the employee.
I. No client, patient or inmate shall have access to official personnel files or other employee files.
J. Employees shall be notified within five working days of a subpoena or court order requesting release of information from official personnel files or other employee files.
K. One file may be kept on each employee by the supervisor, in a locked, secure file. Each employee will have access to review his/her file upon request.
L. The supervisor file may not contain medical reports and employee equal opportunity (EEO) records.
Appears in 2 contracts
Sources: Bargaining Agreement, Bargaining Agreement
Personnel File. Initial minor infractions, irregularities,
SECTION 1 There may be only one (1) personnel file maintained by the Employer:
A. Every employee shall be allowed to review his/her personnel file at any reasonable time upon written request. An employee may also authorize his/her attorney or deficiencies representative of the Union to review said employee’s personnel file upon written request. Such request shall first be privately brought made to the attention Employer or his/her designee and review of the employee andfile shall be made in the presence of the Employer or his/her designee. Except for supervisory and administrative personnel with legitimate need to know and administrative agencies or courts of competent jurisdiction which have subpoenaed them, if corrected, personnel files shall not be entered into the employee's made available for review by anyone except as provided by law.
B. Any employee may copy documents in his file. The Employer may levy a charge for such copying, which shall bear a reasonable relationship to actual cost.
C. If, upon examining his/her personnel file, an employee has reason to believe that there are inaccuracies in documents contained therein, the employee may write a memorandum to the Employer explaining the alleged inaccuracy. Upon If the Employer concurs with the employee’s requestcontentions, a “letter of expectation,” which is not discipline, may the faulty document or inaccuracy will be removed from or corrected. If the personnel fileEmployer disagrees with the employee’s contention, provided that the employee may utilize the grievance procedure to decide the validity of his/her contention.
D. Any employee’s signature on a document shall mean he/she has performed satisfactorily for six seen the document and not that he/she agrees with its content unless it is so stated on the document.
E. Record of written reprimands shall cease to have force and effect or be considered in future discipline matters twelve (612) months for full time employees from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in issuance providing there are no intervening disciplinary actions shall not be entered into of the employee's personnel file. Each employee same type during that time period.
F. The parties hereby agree that this article shall be furnished applied in compliance with a O.R.C. 149.43, the Ohio Public Records Law.
G. A copy of all evaluative and disciplinary entries into their personnel file and shall records dealing with discipline matters will be entitled given to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association Local Union ▇▇▇▇▇▇▇ upon before it is placed in his/her personnel file, and the written request of employee given an opportunity to grieve, as outlined in Article(s) XIX, XX, its validity through the employeegrievance procedure. The written request authorizing the Association employee and Union ▇▇▇▇▇▇▇ access shall sign a receipt statement showing that they received the disciplinary matter prior to the file shall not be placed its inclusion in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies Section 1. Human resources shall first maintain a personnel file of each employee in the county service. This file shall be privately brought to the attention official file of the employee andcounty and shall contain copies of all official reports, if correctedmemos, shall not be entered into the employee's letters, personnel file. Upon actions, etc., relating to the employee’s request, a “letter performance and employment status.
Section 2. An employee may inspect the contents of expectation,” which is not discipline, may be removed from the his/her personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result file in disciplinary actions shall not be entered into human resources upon the employee's personnel file’s oral request to do so. Each employee shall be furnished An employee’s official representative, with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request permission of the employee, a written reprimand shall be removed from may inspect the employee's ’s personnel file provided that no further disciplinary action has been taken against the file.
Section 3. No information reflecting critically upon an employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In file that does not bear either the event a grievance is initiated under Article 9, signature or initials of the Appointing Authority shall provide employee indicating that he/she has been shown the material or notation by the employee’s supervisor that the employee has been provided a copy of the material and refuses to sign. A copy of any items such material shall be furnished to the employee when it is placed in the personnel file.
Section 4. If any employee believes that there is material in the employee’s personnel file which is incorrect or derogatory, the employee shall be entitled to prepare, in writing, an explanation or opinion regarding the particular material and this shall be included as part of the personnel file. If the employee believes that such specific information should be removed entirely from the files, the employee shall first submit a request to the human resources that the material in question be removed. If the matter is still unresolved, the employee may file a grievance.
Section 5. Letters of caution, consultation, warning, admonishment, and reprimand shall not be used in any subsequent evaluation or disciplinary proceeding involving the employee three (3) years after they have been placed in the file unless there have been recurrences of a similar nature. After the three (3) year period, and in absence of a recurrence of a similar infraction, such letters shall then be removed from the employee's ’s personnel file upon at the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractions14.1 No files shall be maintained other than the permanent personnel file, irregularitiesgrievance files, investigative files and an administrative working file. Administrative working files shall be purged at the end of each contract year. Only materials in the employee’s District personnel file or deficiencies administrative working file may be used in annual evaluations. Investigative and grievance files shall first be privately brought to kept separately from the attention employee’s District personnel file in a secure location. The existence and contents of the employee and, if corrected, grievance files shall not be entered into shared with prospective employers nor with other District administrators reviewing a transfer request. The existence and contents of an investigative file will not be shared with prospective employers nor with District administrators reviewing a transfer request unless the investigation resulted in a finding of misconduct and discipline. Employees shall be notified of the existence of an investigative file which identifies them as the subject of the investigation. The parties presume that an employee who files a grievance is aware that a grievance file is kept in the Human Resources Office. Materials older than three (3) years in an investigative file may only be used by the District to defend itself from grievances, claims or litigation, or to prove progressive discipline or fair notice as described in Section 27.3.
14.2 Certificated employees shall upon request have the right to inspect the entire contents of their permanent personnel file kept within the District as well as any grievance files or completed investigation files which identify them as the subject or the grievant. The District shall provide, at the individual employee's request, a copy of the evaluation reports or other supporting documents contained in the files. Employees may submit written comments to be attached to any materials in the files. A certificated employee shall be allowed, when inspecting any of the files identified above, to have the UniServ representative or an officer of the Association present.
14.3 Annual evaluations, correspondence, or other communications which refer to the individual's professional competence and performance shall be maintained in the permanent personnel file only with the individual's knowledge of its content. The individual shall have the right to attach his/her written comments. Prior to placement of any parent, student or staff communication in the permanent personnel file, the administrator and teacher will meet to discuss the validity of the complaints in the communication. A parent, student or staff complaint placed in the personnel file must be put in writing either by the complainant or the administrator investigating the complaint. The identity of any complainant will be shared with the employee prior to taking any disciplinary action or placing any document regarding the complaint in the personnel file. Upon the employee’s request, a “letter Within ten (10) days of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date receipt of the “letter of expectationcomplaint, the District will provide as much detail as it can without impairing or compromising the investigation, if any.” An oral reprimand
14.4 The District shall not become a part maintain evidence of unsubstantiated allegations in permanent personnel files. Materials which are derogatory of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand ’s performance or conduct shall be removed from the employee's ’s personnel file provided that no further disciplinary action has been taken against the upon employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of after three (3) years following years, provided that: (a) the beginning date District may continue to maintain records of such materials in investigative files; and (b) in no event shall the written suspension. Discipline District remove substantiated information about verbal or physical abuse, or sexual misconduct that becomes eligible for removalmust be retained pursuant to RCW 28A.400.301, based upon this provision, shall not be used as a basis for any subsequent discipline regardless of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed whether such information resulted in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee leaving his or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, her position at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel fileschool district.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention A) Before any material of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which derogatory nature is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of placed in an employee's personnel file, the affected employee shall first have the opportunity to review it. Investigations which do Once the employee has been given the opportunity to review the material, he/she shall sign a statement indicating only that he/she has been given that opportunity, not result in disciplinary actions necessarily agreeing to the contents thereof. A copy of the same shall not be entered into provided to the employee's personnel file. Each .
B) The employee may submit a statement regarding said derogatory material and that statement shall be furnished with affixed to the material referenced above.
C) If a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, Counseling Memorandum is placed in the an employee's personnel file shall state the corrective action expected of the employee. Upon request of the employeefile, a written reprimand said Memorandum shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of after eighteen (18) months following provided the date of problem identified in the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action Memorandum has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removalcorrected, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be provided no counseling memorandum involving similar conduct have subsequently been placed in the file.
D) If any derogatory material originates from a source other than the affected employee’s personnel file. In the event a grievance is initiated under Article 9's Department Head, the Appointing Authority Department Head will investigate to determine that the derogatory material is valid, it shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file along with a Counseling Memorandum.
E) If no Warning Notice is placed in the employee's file, after eighteen (18) months, the derogatory material, along with the Counseling Memorandum, must be removed upon request of the employee, and provided no counseling memorandum involving similar conduct have subsequently been placed in the file.
F) Such Counseling Memorandum as identified in (E.) above may be removed earlier than 18 months upon the request of the employee and with the approval of the Department Head.
G) The employee may request Union representation at the time a Counseling Memorandum is being provided to the employee if such employee desires. The Department Head shall provide a reasonable amount of time for the Union to provide such representation.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities8.09.1 The Employer shall maintain one Personnel File on each Employee. The File shall contain documents and materials used or to be used in implementing and administering the employment relationship and the relevant terms and conditions of the Collective Agreement. No anonymous material concerning any Employee which cannot be supplied to the Employee shall be kept for inclusion in the Personnel File. Access to an Employee's Personnel File shall be restricted to the Employee and/or their duly authorized representative and to authorized representatives of the Employer, or deficiencies as may be otherwise authorized under this Agreement or by law. The Employee shall first be privately brought notified in writing within ten (10) Days of any material added to their File with the exception of routine documents related to the attention employment relationship or documents which have already been copied to the Employee or have been received from the Employee.
8.09.2 Upon providing reasonable advance notice to the Director of the employee andHuman Resources, if corrected, an Employee shall have access to their Personnel File during normal business hours. The Personnel File and contents may not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel fileoffice in which they are held. The Employee may, provided upon written request to the Director of Human Resources obtain a copy of any document in their Personnel File.
8.09.3 If an Employee believes that a document or information contained in their Personnel File is erroneous, inaccurate, inadequate, or not relevant to the Employee’s employment relationship they have the right to include in the Personnel File written comments pertaining to the accuracy, relevance, meaning or incompleteness of the contents of the Personnel File. In addition, the Employee may request in writing to the Director of Human Resources that the employee has performed satisfactorily document or information be removed, corrected or supplemented for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel fileclarification. Investigations which do not result in disciplinary actions Such requests shall not be entered into the employee's personnel filearbitrarily denied. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of Within ten (10) days Days of receiving the request, the Director of Human Resources will first determine whether the impugned document or less information is relevant. If it is not relevant, it shall be removed immediately from the employee's personnel file provided Personnel File. If it is relevant but erroneous, inaccurate, or inadequate, the Director of Human Resources shall remove, correct or supplement the document or information as per the Employee’s request. If the Director of Human Resources denies the remedy requested by the Employee, the Director will communicate that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and decision to the employee's Association ▇▇▇▇▇▇▇ upon Employee in writing and state the written request reasons for the denial within ten (10) Days of rendering the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filedecision.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” A. An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's official personnel file shall be disclosed maintained by the College for each faculty member, and all such files shall be maintained in the Human Resources office.
B. Each faculty member shall be obligated to them upon request see that employment data, such as verification of job experience, transcripts of credits, and records of certification, necessary for initial salary placement and subsequent salary changes or adjustment, are on file in the Human Resources Office.
C. Faculty members shall have the right to examine the contents of their own personnel files, excluding only confidential pre-employment credentials of an evaluative nature. Faculty members shall make an appointment with the Human Resources Office to examine their files.
D. The Director of Human Resources or designee shall be present when the faculty member examines their file; and if the faculty member desires it, a representative of the Association may also be present. Faculty members can designate in writing that a representative of the Association may examine their files.
E. No official report nor any derogatory statement about a faculty member shall be filed unless the faculty member is sent an exact, dated copy. The faculty member has the right to submit a response to the employee's Association ▇▇▇▇▇▇▇ upon report or statement, and the written request response shall be attached to and filed with the report or statement.
F. All documents, communications, and records dealing with the processing of a grievance as outlined in this Agreement, shall be filed separately from the personnel files of the employeeparticipants.
G. All faculty members shall have the right to place materials in their personnel file which attest to their professional competence.
H. On request, faculty members may receive duplicates of any material in their personnel file except confidential pre-employment materials of an evaluative nature. The written request authorizing Electronic copies will be provided at no cost; paper copies may require a reasonable duplication fee to be paid by the Association ▇▇▇▇▇▇▇ access to faculty member.
I. All faculty members shall be apprised in writing of the file shall not be placed in the employee’s permanent removal of any material from their personnel file. In The following rules shall govern the event a grievance is initiated under Article 9, permanent removal of such material:
1. All faculty members shall have the Appointing Authority shall provide a copy of any items from right to request in writing the employee's personnel file upon material filed for five years prior to the request of the employee or the Association, with any copying costs paid in advance by the employee or the Associationbe removed permanently from their personnel file. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such Such material shall be without cost removed promptly by the College.
2. The College shall have the right to remove permanently material filed for over five years prior to the employee date of removal. Removed materials will promptly be returned to the faculty member.
3. Material expressly excluded from these provisions shall include: employment data, such as verification of job experience; transcripts of credits; records of certification necessary for initial salary placement and subsequent salary changes; adjustments in confidential pre-employment materials of an evaluative nature; or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel fileother legally necessary documents.
Appears in 2 contracts
Personnel File. Initial minor infractionsA. Each bargaining unit member’s personnel file will be kept up-to-date and on file for reference at all times, irregularitiesat the Board office.
B. Each bargaining unit member will have the right, or deficiencies shall first be privately brought upon request, to review the attention folder and the Board contents of his/her personnel file, without charge, and receive a copy at Board expense of any documents contained therein. A representative of the employee andAssociation will, if corrected, shall not be entered into at the employeebargaining unit member's personnel file. Upon the employee’s request, a “letter accompany the bargaining unit member in such review. The review will be made in the presence of expectation,” which is the Superintendent or the Superintendent's designee. A bargaining unit member will have the right to indicate those documents and/or other materials contained in/on the file the bargaining unit member believes to be obsolete or otherwise inappropriate for retention. If the Superintendent agrees, said documents and/or materials will be destroyed by the Superintendent in the presence of the bargaining unit member. If the Superintendent disagrees that the document should be removed, the question of whether or not discipline, the document should be removed may be removed processed by the bargaining unit member through the grievance procedure. A bargaining unit member shall have the right to have all disciplinary materials from his/her personnel file expunged if a three
C. Copies of communications, including evaluations, commendations, and other personnel information which are included in/on the personnel file, provided that will be given to the bargaining unit member at the time of inclusion. The bargaining unit member will have the opportunity to read all materials and/or documents contained in/on the file. Said bargaining unit member will have the opportunity to attach a written statement to materials and/or documents which may be detrimental to the bargaining unit member’s conduct, service, character and/or personality. At any time a personnel file is accessed by a non-school employee, the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not will be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of notified within ten (10) days or less shall days.
D. Anonymous letters and materials will not be removed from placed in/on a bargaining unit member's file nor will they be made a matter of record. Materials placed in the employeebargaining unit member's personnel file provided that no further disciplinary action has been taken against will carry the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline enclosure and initials of the employee. The contents of an employeeSuperintendent or the Superintendent's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not designee.
E. No documents or other materials will be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy file of any items bargaining unit member after severance from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel fileschool system.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies Section 1. Each Employee may request to inspect his/her official personnel file maintained by the Employer. Inspection of the individual's personnel file shall first be privately brought by scheduled appointment requested in writing to the attention Employer and the inspection must be in the presence of the employee and, if corrected, Employer. Appointments shall not be entered into scheduled during the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date regular working hours of the “letter of expectation.” Township's administrative staff. An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and Employee shall be entitled to have their written response included thereina representative of his/her choice accompany him/her during such review. All disciplinary entriesAny Employee may request, except dischargeand will be given, copies of any documents in his/her official personnel file.
Section 2. The Union employees shall be afforded access to personnel files and records for the purpose of representation, grievance processing or other Union business. Such access shall be by scheduled appointment.
Section 3. If an unfavorable statement or notation is in the employeeofficial personnel file, the Employee shall have the right to place a statement of rebuttal or explanation in the file. The Employer shall notify, and provide copies of all documents of a disciplinary or negative nature that are added to the Employees file. No anonymous material of any type shall be included in the Employee's official personnel file. The Employer shall maintain only one (1) personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand for each Employee which shall be removed managed by, and under the control of, the Township Fiscal Office.
Section 4. Any record of discipline filed as a documented warning, documented verbal or written reprimands shall cease to have force and effect for disciplinary purposes one (1) year from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of issuance and shall be moved to an inactive file kept by the written reprimandemployer, providing no intervening discipline has occurred during the twelve month period following the disciplinary action. Upon request of the employee, a written Any record of a suspension of ten (10) days disciplinary actions involving suspensions without pay or less reductions in classification or rank shall be removed from the employee's personnel file provided that no further cease to have force and effect for disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to purposes two (2) copies or a digital copy, at years from the discretion date of issuance and shall be moved to an inactive file kept by the employer providing no intervening
Section 5. Any Record of disciplinary action must contain the signature of the agency, Employer representative and of such material shall be without cost to the employee or Association. Only affected Employee indicating only that he/she has seen the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filedocument.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractions11.1 One (1) official personnel file shall be maintained for each employee in an office designated by the President for that purpose and in a format designated by the President. The term "personnel file" as used in this Agreement shall refer to the one
(1) official personnel file used in personnel actions. A log (including, irregularitiesbut not limited to, name, date and purpose) shall be maintained to record all access to an employee’s personnel file by any non-Human Resources employee or by a Human Resources employee for the purpose of making a personnel decision/recommendation. An employee shall normally be sent a copy of any material to be placed in the personnel file at the time of placement. An employee shall be provided with a copy of material which could lead to an adverse personnel action no later than fourteen (14) days after the placement of such material in his/her personnel file. Where the file is maintained in an electronic format, the data shall be maintained on a password protected secure system.
11.2 An employee shall have the right of access to reports, documents, correspondence, and other material officially maintained in his/her campus personnel file.
11.3 An employee may request an appointment for the purpose of inspecting his/her personnel file. Such requested appointments shall be scheduled during normal business hours. The manner of inspection shall be subject to reasonable conditions.
11.4 An employee may be accompanied by a person of his/her choice when inspecting his/her personnel file.
11.5 Following receipt of an employee's written request, the campus shall, within a reasonable period of time established by the campus, provide a copy of all requested material. The employee shall bear the cost of duplicating such materials, except as provided for in Article 10, Grievance Procedure, or deficiencies Article 18, Evaluation, or when such materials have bearing on disciplinary action or corrective action matters.
11.6 If, after examination of his/her records, an employee does not agree with the contents of any material in the file, the employee may submit a written rebuttal. This written rebuttal shall first become part of the employee's personnel file.
11.7 If, after examination of his/her records, an employee believes that any portion of the material is not accurate, relevant, or complete, the employee may request, in writing, correction of the record. Within twenty-one (21) days of an employee's request for correction of the record, the President shall notify the employee in writing of his/her decision regarding the request. If the President denies the request, the President shall state the reason(s) for denial in writing, and this statement shall be privately brought sent to the attention employee. If the President grants the request for correction of the record, the record shall be corrected. The employee andshall be sent a copy of the corrected record and a written statement that the incorrect record in question has been permanently removed from the employee's personnel file.
11.8 Final personnel decisions relating to promotion, if correctedretention, permanency for permanent or probationary employees shall be based primarily on material contained in the employee's personnel file and open to the employee's inspection. Final personnel decisions relating to disciplinary actions shall be based primarily on material contained in the employee's personnel file and open to the employee's inspection.
11.9 If a personnel decision as referenced in provision 11.8 above must be based on information not contained in the employee's personnel file, that information shall be entered into committed to writing and this written statement shall be a part of the employee's personnel file. An employee may request the effective date of any pending personnel action based on such information be extended by the appropriate administrator to allow the employee to utilize procedures outlined in provisions 11.6 and 11.7 of this Article. The appropriate administrator shall respond in writing. Such a request shall not be unreasonably denied.
11.10 Materials submitted by an employee during a performance evaluation shall be deemed incorporated by reference in the official personnel file, but need not be physically placed in the file. An index of such materials shall be prepared by the employee and submitted with the materials. Such an index shall be permanently placed in the personnel file. Materials incorporated by reference in this manner shall be considered part of the personnel file for the actions set forth in provision 11.8 of this Article. Upon the employee’s requestcompletion of a performance evaluation, a “letter of expectation,” which is not discipline, indexed materials may be removed from returned to the employee.
11.11 No one shall have access to pre-employment materials in the personnel file, provided that except when such access is required pursuant to the Information Practices Act of 1977 or when such material may have an effect on a personnel action under consideration.
11.12 Attendance and payroll records maintained separately from the personnel file may be reviewed by the employee has performed satisfactorily for six (6) months within a reasonable period of time after the request is made. Such attendance and payroll records shall be excluded from the date provisions of the “letter of expectationArticle 11, Personnel File.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into
11.13 Upon the employee's personnel file. Each employee shall be furnished with request, a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, reprimand in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be permanently removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following from its effective date. If a notice of disciplinary action has been served on the beginning date of employee and such a reprimand is related to the written suspension. Discipline that becomes eligible for removaldisciplinary action, based upon this provision, provision shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's implemented.
11.14 Employees' personnel file files shall be disclosed held in confidence and shall be subject to them upon request and inspection only by persons with official business.
11.15 The classification/reclassification of a position to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file which an employee is assigned shall not be placed considered a personnel decision as defined in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel fileprovision 11.8 above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractionsSec. 1801 Employee Acknowledgment Of Material Placed In Personnel File (Medical Examiner Investigators): No material relating to performance appraisal, irregularitiessalary action or disciplinary action shall be placed in the personnel file of an employee without the employee first being given the opportunity to read such material. The employee shall acknowledge that he has read such material by affixing his signature on the material to be filed with the understanding that although such signature indicates acknowledgment, or deficiencies it does not necessarily indicate agreement. If the employee refuses to sign the material, it shall first be privately brought placed in his personnel file with an appropriate notation by the person filing it. (Welfare Fraud Investigators): Pursuant to the attention Section 3300 et seq (particularly Section 3301) of the employee andCalifornia Government Code and 830.35 of the California Penal Code, if corrected, no public safety officer shall not be have any comment adverse to his interest entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the in his personnel file, provided or any other file used for any personnel purposes by his employer, without the public safety officer having first read and signed the instrument containing the adverse comment indicating he is aware of such comment, except that such entry may be made if after reading such instrument the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become public safety officer refuses to sign it. Should a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee public safety officer refuse to sign, that fact shall be furnished with a copy of all evaluative noted on the document, and disciplinary entries into their personnel file and shall be entitled to have their written response included thereinsigned or initialed by such officer. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed agrees that, in the employee’s personnel file. In the event a grievance SPOAVC Representative is initiated under Article 9asked to advise any such officer, the Appointing Authority SPOAVC Representative will encourage an officer who refuses to sign that s/he must evidence that fact as provided above. Sec. 1802 Full Right Of Inspection Of Employee Personnel File: With the exception of confidential items such as reference letters and oral examination rating sheets, an employee shall provide a copy have the right to inspect the contents of any items from his personnel file, or he may designate in writing his representative to inspect the employee's personnel file upon the request of the file. The employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up shall also be entitled to two (2) copies or a digital copy, at his/her own expense and at the discretion of standard rates charged by the agency, of such material shall be without cost County to the general public, those items in his/her personnel file which s/he has the right to inspect. The employee or Association. Only shall contact the employee's personnel employee assigned to the Personnel Department to schedule a time at which the file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filecopied.
Appears in 2 contracts
Personnel File. Initial minor infractionsA. Each campus shall maintain, irregularitiesfor official University purposes, or deficiencies one (1) official personnel file for each unit member. This file shall first be privately brought kept under conditions that insure its integrity and safekeeping and shall contain copies of personnel forms, official correspondence to and/or from the unit member, written evaluations and other appropriate material relating to the attention unit member’s employment. Unit members shall be informed by the University of the employee and, if corrected, shall not be entered into location of the employee's official personnel file. Upon A supervisor’s personal notes regarding the employee’s request, a “letter counseling memorandum/letters of expectation,” which is not disciplinedirection, may be removed equal opportunity complaints including supporting documentation, and records relating to grievances and/or arbitrations, are specifically excluded from the official personnel filefile except as otherwise provided by Article 15, provided that Paragraph E(4). Handling of sensitive documents which are prepared for retention in the employee has performed satisfactorily official personnel file (referenced above) should occur with regard for six (6) months the subject employee’s concern for appropriate privacy and the University’s proper interests. No information or material from the date official personnel file shall be released to any outside person, organizations or institutions without the prior written permission of the “letter unit member. Excluded from this requirement is any release of expectationinformation that is specifically required by statute or governmental regulation, subpoena or other court orders; however, should such information be provided, the bargaining unit member will be timely informed of what specific information is being provided and to whom such information is released, unless such notification is contrary to the statute, regulation, subpoena or court order.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee
B. Unit members shall be furnished with sent a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, material henceforth placed in the employee's personnel file shall state at the corrective action expected of same time as it is placed in the employeefile. Upon request of the employeeAnonymous, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days unattributed or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file inappropriate material shall not be placed in the employee’s file. A unit member shall have the right to submit a written response to any material placed in the personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority This written response shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall then be without cost filed and attached to the employee or Associationappropriate file material. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not Any correspondence addressed to a unit member that is to be placed in the employee's personnel file shall be sent to the unit member “cc: Personnel File.”
C. Unit members shall have the right to examine their file in the presence of the file’s custodian, or that individual’s designee, during the normal business hours of the office in which the file is kept. A unit member may obtain copies of any material in the personnel file. Access shall be permitted and copying accomplished during the normal business hours of the office in which the file is kept. A unit member whose regular work location is not in the same city or town as the location where her/his personnel file is maintained may request from the file custodian that a paper or electronic copy of the file be sent to the unit member at no cost to enable the unit member to examine the file. The request must be a signed written request or sent from the unit member’s ▇▇▇▇▇.▇▇▇ account. The copy of the file will be sent to a University physical address or a member’s ▇▇▇▇▇.▇▇▇ e-mail address. Such a request may be made no more than once per year. The file custodian will provide the requested copy of the file as soon as practicable and no later than ten (10) business days after the request.
D. Unit members are encouraged to periodically review their file. It shall be the responsibility of each unit member to annually update the personnel file including any relevant professional accomplishments.
▇. A unit member may indicate in writing to the file’s custodian those materials which the unit member considers inappropriate to be retained. The materials shall be reviewed by the file’s custodian and shall be removed from the file if adequate justification is shown for their removal.
F. In a specific personnel action no use may be made of any material which has not been properly and timely placed in the official personnel file with the exception of recommendations regarding a specific personnel action by reviewing individuals or bodies which shall be placed in the personnel file as soon as a decision is reached in the specific action. In addition, counseling memorandum may be used by the University as documentation of prior discussions to support subsequent personnel actions in the specific area covered by the memorandum for 12 months following the issuance of the letter.
G. The file shall be available to authorized committees and individuals responsible for the review and recommendation of a unit member with respect to any personnel actions.
H. The Association or duly designated representative shall have access to a unit member’s personnel file providing written authorization has been granted by the unit member to the custodian of the files. The Association or the duly designated representative shall be subject to the same rules on access and copying that are applicable to the unit member.
I. The Association agrees to indemnify and hold the Board harmless from and against any liability for any claim of improper, illegal or unauthorized use by the Association, or a duly designated representative, of information contained in the personnel file.
J. If the Association requests material relevant to a grievance that did not accompany the grievance, the University will make a reasonable effort to provide relevant material that is in its possession unless provision of such material is deemed by the University to be violative of its responsibility under 1 MRSA S401-410.
K. Materials relating to a bargaining unit member’s evaluation and any other sensitive information pertaining to a unit member’s employment shall be treated with appropriate safeguards which respect the employee’s privacy. Appropriate safeguards include measures such as envelopes, folders, and secure electronic files.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities,
SECTION 1 There may be only one (1) personnel file maintained by the Employer:
A. Every employee shall be allowed to review his/her personnel file at any reasonable time upon written request. An employee may also authorize his/her attorney or deficiencies representative of the Union to review said employee’s personnel file upon written request. Such request shall first be privately brought made to the attention Employer or his/her designee and review of the employee andfile shall be made in the presence of the Employer or his/her designee. Except for supervisory and administrative personnel with legitimate need to know and administrative agencies or courts of competent jurisdiction which have subpoenaed them, if corrected, personnel files shall not be entered into the employee's made available for review by anyone except as provided by law.
B. Any employee may copy documents in his file. The Employer may levy a charge for such copying, which shall bear a reasonable relationship to actual cost.
C. If, upon examining his/her personnel file, an employee has reason to believe that there are inaccuracies in documents contained therein, the employee may write a memorandum to the Employer explaining the alleged inaccuracy. Upon If the Employer concurs with the employee’s requestcontentions, a “letter of expectation,” which is not discipline, may the faulty document or inaccuracy will be removed from or corrected. If the personnel fileEmployer disagrees with the employee’s contention, provided that the employee may utilize the grievance procedure to decide the validity of his/her contention.
D. Any employee’s signature on a document shall mean he/she has performed satisfactorily for six seen the document and not that he/she agrees with its content unless it is so stated on the document.
E. Record of written reprimands shall cease to have force and effect or be considered in future discipline matters twelve (612) months for full time employees from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in issuance providing there are no intervening disciplinary actions shall not be entered into of the employee's personnel file. Each employee same type during
F. The parties hereby agree that this article shall be furnished applied in compliance with a O.R.C. 149.43, the Ohio Public Records Law.
G. A copy of all evaluative and disciplinary entries into their personnel file and shall records dealing with discipline matters will be entitled given to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association local Union ▇▇▇▇▇▇▇ upon before it is placed in his/her personnel file, and the written request of employee given an opportunity to grieve, as outlined in Article(s) XVIII, XIX, its validity through the employeegrievance procedure. The written request authorizing the Association employee and Union ▇▇▇▇▇▇▇ access shall sign a receipt statement showing that they received the disciplinary matter prior to the file shall not be placed its inclusion in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractionsA. All items entered in the official personnel file of a Unit II member, irregularities, except confidential references pertaining to original employment or deficiencies shall first be privately brought to the attention of the employee and, if correctedpromotion, shall not be entered into open to that Unit II member under the employee's personnel filesupervision of and by appointment with the Supervisor of Human Resources. The employee may have an Association representative accompany him during such review. Upon the employee’s request, a “letter review of expectation,” which is not discipline, may be removed from the his personnel file, provided that Unit II employee shall have the employee has performed satisfactorily for six (6) months from right to indicate those documents and/or other materials in his personnel file which he believes to be obsolete or otherwise inappropriate to retain. Said documents shall be reviewed by the date superintendent or his designee and destroyed or retained as deemed appropriate by the superintendent.
B. The Board agrees to protect the confidentiality of Unit II member personnel files including personal references, academic credentials, and other similar documents.
C. No unfavorable material related to a Unit II member’s conduct, service, character or personality shall be placed in his personnel file without the Unit II member’s knowledge. The Unit II member shall acknowledge his awareness of the “letter of expectationmaterial by affixing his signature to the material to be filed with the understanding that such signature does not necessarily indicate agreement with the contents thereof.” An oral reprimand
D. The Unit II member shall not become a part of an employee's personnel file. Investigations which do not result have the right to answer any material placed in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their his personnel file and his answer shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access attached to the file copy.
E. The Unit II member shall not have the right to reproduce any material placed in his personnel file at his cost.
F. When performance evaluations are required, those evaluations will be placed completed by July 31st of the year in which the evaluation is due. The employee being evaluated will sign the evaluation, signifying receipt of the evaluation prior to the evaluation being included in the employee’s personnel file. In .
G. A written performance evaluation will be made a part of the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy personnel file of any items from Unit II employee leaving employment with the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the AssociationBoard. However, up Any additional materials to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filefile will be subject to the notice requirement in paragraph 3.7.C above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought (i) A teacher will have access during normal business hours to the attention of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the their personnel file, provided that by prior appointment with the employee has performed satisfactorily for six (6) months from Supervisor of Employee Records and in the date presence of the “letter Supervisor of expectationEmployee Records or designate. The teacher may request copies of any document contained in this file.” An oral reprimand shall not become
(ii) At the teacher's request, they may be accompanied by one other person, who may have access as determined by the teacher. A member of the local Union executive may be given access to a part of an employeeteacher's personnel file if the teacher authorizes that access in writing and the local Union executive provides that authorization to the Supervisor of Employee Records prior to requesting an appointment to view the teacher's file. Investigations which do not result The local Union executive member may be given copies of any documentation in disciplinary actions shall not the teacher's file if the teacher has expressly authorized the Board to make and give copies to the local Union executive member;
(iii) A teacher who questions the accuracy or completeness of information in their personnel file may provide to the Board, in writing, a rebuttal or explanatory letter that will be entered into date- stamped and placed in the employeefile upon request.
(iv) Where the Board exercises its discretion to amend information in a teacher's personnel file. Each employee shall be furnished with file upon receipt of and in response to the submission set out in (iii) above, the Board will provide to the teacher a copy of all evaluative and disciplinary entries into their the amended information.
(v) At the teacher’s request to the Superintendent of Education/Employee Relations, documents contained in a teacher’s personnel file of a disciplinary nature and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand all supporting documents shall be removed from the employee's personnel file provided that no two (2) years after their date of issue, unless further disciplinary action has been taken against occurred in that period. Notwithstanding the employee for a period of eighteen (18) months following the date foregoing, disciplinary material regarding suspensions, harassment or violence, or any discipline related to physical, emotional or psychological harm to students or other employees of the written reprimand. Upon request of the employee, Board may remain in a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employeeteacher’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Personnel File. Initial minor infractionsI� Official Personnel File: There shall be only one (1) official personnel file per employee and said file shall be kept in Human Resource Services� It is understood that supervisors may maintain notes and other information pertaining to an employee’s employment with the University� These notes and other information may include, irregularitiesbut are not limited to, or deficiencies such items as department maintained time, attendance, and performance records� These items may be admissible as supporting documentation for disciplinary actions� However, only disciplinary actions placed in the official personnel file maintained in Human Resource Services may be used for the purpose of disciplinary procedures� II� Access: Access to an employee’s official personnel file shall first be privately brought limited only to the attention employee or University management individuals with a legitimate business reason for such access� Only an employee and his/her representative upon request and written release from the employee, except for extenuating or unusual circumstances, shall have access to an employee’s official personnel file� Any other persons shall not have access to employees’ personnel files unless previously approved in writing by the employee� III� Review of Employee’s Official Personnel File: Any employee in the bargaining unit shall have access to review his/her official personnel file by providing twenty-four (24) hours advance notice to Human Resource Services� Such review shall take place during regular business hours� Human Resource Services shall make available to the employee and, if corrected, shall not be entered into the employee's personnel file. Upon and/or the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record representative reasonable use of a suspension copying machine for less than ten (10) pages of copy� For copies in excess of ten (10) days or less pages, the employee and/or the employee’s representative will incur reasonable costs� Cost for any copies shall be removed from waived when copies are needed pursuant to a disciplinary action against the employee's � IV� Adverse Material Notification: Prior to placing any adverse materials in the employee’s official personnel file provided that no further disciplinary action has been taken against file, the employee for a period shall be given the opportunity to review and acknowledge receipt of three (3) years following such materials by signing and dating such materials before its placement in the beginning date official personnel file� Signature of the written suspension. Discipline that becomes eligible for removalemployee is not an admission of guilt and does not constitute agreement by the employee with the contents of such materials� Should the employee refuse to sign any adverse material, based upon this provisionanother supervisor, shall not be used as a basis for any subsequent discipline member of Human Resource Services, or employee’s representative will witness and document, by noting on the materials in question, the employee. ’s refusal to sign� The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not materials may then be placed in the employee’s official personnel file. In � An employee who disagrees with the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy contents of any items from adverse material shall have the right to write a rebuttal and ask that it be attached to the adverse material and/or pursue an appeal through the grievance and appeal procedures� Adverse materials placed in the employee's ’s official personnel file upon without the request knowledge of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed admissible in any disciplinary procedures against the employee's personnel file.� Employees have the right to submit a rebuttal at any time following receipt of adverse materials�
Appears in 1 contract
Sources: Memorandum of Understanding (Mou)
Personnel File. Initial minor infractionsNo complaint, irregularitiesdisciplinary letter of memorandum, or deficiencies supervisory or evaluation report will be placed in an employee's file without the employee’s knowledge. The employee will be given a copy of each document so filed. The employee will be required to sign or initial each such document. The employee shall first be privately brought permitted to attach a statement o f explanation within 5 working days. An employee's signature or initials on any such document shall represent only that s/he has seen the attention of the employee anddocument, if corrected, and shall not be entered into construed to mean acceptance or agreement with the contents thereof. An employee shall be entitled to examine her/his personnel file, except letters of reference and pre-employment correspondence, upon reasonable notice to the "DISTRICT", during the District's regular business hours and in the presence of the Superintendent or her/his designee. The employee is required to record her/his review of the personnel file by signing a receipt; refusal to record such review will be documented. The employee may make a copy of any document in her/his file at the reasonable and customary charges per page. Items placed in any employee's personnel file become District records. As such, they are kept permanently throughout the individual's employment at Jamesville-▇▇▇▇▇▇. However, if an employee wishes to remove counseling letters, s/he shall file a written request with the District Records Officer. The request must specifically list all items the employee wishes removed from her/his file. If the incident or incidents that were the subject of the counseling letter(s) have not recurred, and the counseling letter(s) are three (3) years or more old, the "DISTRICT" agrees to remove the letter(s) from the employee's personnel file. Upon This section shall not apply to any material that gave rise to any formal disciplinary proceeding, or to the employee’s requestrecord of any action taken as a result of any formal disciplinary proceeding, a “letter of expectation,” which is not discipline, may be removed from whether by the personnel file, provided that Board Of Education action or by agreement between the employee has performed satisfactorily for six (6) months from and the date of the “letter of expectation"DISTRICT".” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractionsEach employee's personnel file shall contain the following minimum items of information: All employee evaluation reports, irregularitiescopies of annual contracts, teaching certificate, a transcript of academic records, and immunization records or deficiencies waiver. Employees or former employees shall, upon request and in the presence of a District representative, have the right to inspect all contents of their complete personnel file kept within the District. Upon written request of the employee, a copy of any documents contained therein shall first be privately brought provided to the attention employee. Anyone, at the employee's request, may be present in this review. No secret, alternate or other personnel file shall be kept anywhere in the District. However, an evaluator's unofficial working file, including classroom observations, notes and other pertinent data may be kept during the school year to facilitate employee evaluation. The evaluator's working file used during the school year shall be given to the employee at the time of the annual evaluation. An employee andwishing to review the contents of their evaluator's working file may request an appointment to meet with the evaluator for that purpose. An appointment will be scheduled within forty-eight (48) hours, exclusive of the evaluator's absence from the building, for the employee and evaluator to review the working file. Upon request, an employee will be given a copy of any documents contained in the working file. A separate file for processed grievances, if correctedany, shall not be entered into kept apart from the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is Any derogatory material not discipline, may be removed from the personnel file, provided that the shown to any employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of within ten (10) days after receipt or less composition shall not be allowed as evidence in any grievance or in any disciplinary action against such employee. No evaluation, correspondence or other material making derogatory reference to an employee's character or manner shall be kept or placed in the personnel file without the employee's knowledge and opportunity to attach his/her own comments. Upon request by the employee, the Superintendent or official designee shall sign to verify contents. Derogatory material shall be removed from at the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period end of three (3) years following at the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event ; provided no further discipline for incidents of a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filesimilar nature has occurred.
Appears in 1 contract
Sources: Collectively Bargained Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies The District shall first be privately brought retain one official personnel file for each employee. The employee will have the right to review in the attention presence of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result human resources director all material contained in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel his/her file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state Human Resources Department. At the corrective action expected of the employee. Upon request of the employee, a the District will provide copies of material contained in the file. A reasonable charge may be made for providing excess copies. Employees may authorize their bargaining representative access to their personnel file to be reviewed in the presence of the human resources director by providing written reprimand shall authorization. All non-routine material placed in the file must be signed and dated by the employee. The employee may, at his/her option, have the right to submit written comments relating to any document that is in the personnel file. The annual evaluation as well as the employee's comments and necessary supporting data may be retained in the personnel file. Material not shown to an employee within ten (10) days of receipt will not become part of the employee's personnel files. Material relating to an offense may be removed from the employee's personnel file after two years, provided that there are no further disciplinary action has infractions of a similar nature during the intervening period. Materials relating to sexual misconduct are prohibited by state law from being removed. Material relating to an offense for which an employee could have been taken against discharged shall only be removed by mutual agreement between the employee and the District. Either the Employee or the District may initiate the action to have material removed. All employees will be evaluated on or before June 1. Evaluation will be a continuous process based on established criteria involving employees for a period the purpose of eighteen (18) months following improving performance. The supervising administrator may retain an evaluation file on each employee. All non-routine material placed in the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall file must be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of signed and dated by the employee. The contents employee shall have the right to review this file in the presence of an employee's personnel file shall the evaluator. An employee who transfers will be disclosed to them upon request and evaluated immediately prior to the employee's Association ▇▇▇▇▇▇▇ upon transfer. Any pertinent information relating to comments on the written request of evaluation will be forwarded with the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access evaluation to the file shall not be placed in the employee’s District personnel file. In All other data in the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employeeadministrator's personnel evaluation file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost that relates to the employee or Association. Only the employee's personnel file may will be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filedestroyed.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention 7.1 A copy of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon any material placed in the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against to the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of within ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall such placement unless such material is not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and subject to the employee's Association ▇▇▇▇▇▇▇ upon the written request ’s inspection pursuant to law. All documents, warnings, reprimands, suspensions or reductions in rank related to a discipline hearing of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access said employee will be placed in their personnel file.
7.2 All materials relative to the file shall not an employee will be placed in the employee’s personnel file. The employee shall acknowledge that he/she has read such material by affixing his signature on the copy to be filed, with the understanding that such signature merely indicates that he/she has read the material to be filed and does not necessarily signify agreement with its content.
7.3 Within thirty (30) calendar days following the notification that something has been placed in the personnel file, the employee shall have the right to respond and the response shall be added to the file. The principal/supervisor or designee will sign the response acknowledging that he/she read the material. A copy of the response will be provided to the principal/supervisor or designee.
7.4 An employee may inspect his/her personnel records upon reasonable written request in the presence of the Superintendent or his/her designee, excluding those portions or documents for which an employee has not right of inspection pursuant to law. Personnel records under inspection may not be removed from the viewing area prescribed by the superintendent or designee. The employee may, at their option, have a representative of the union to accompany him/her in such review.
7.5 An employee’s personnel records shall be considered confidential and the contents thereof shall not be disclosed except as may be permitted under law. An employee may give written consent to permit review of his/her file by a third party. Upon request of the Employee, the employer will reproduce any materials in his/her personnel file. The employee will bear the cost of the copies beyond twenty- five (25) pages.
7.6 In the event a grievance is initiated under Article 9any file materials are determined to be inaccurate by judicial or arbitration decision, the Appointing Authority shall provide a copy such portion of any items materials will be removed from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel Employee’s file.
Appears in 1 contract
Sources: Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies A. There shall first be privately brought to the attention of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the one official personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” and a supervisory work file. An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's departmental personnel file shall be disclosed to them upon request and to maintained in the facility's personnel office.
B. An employee's Association , and/or the CAPT ▇▇▇▇▇▇▇ upon or representative if properly authorized by the written request employee, may review his/her personnel file during regular personnel office hours, subject to operating needs of the employeepersonnel office. The written request authorizing the Association Upon prior approval of his/her supervisor, an employee and/or CAPT ▇▇▇▇▇▇▇ access shall be granted a reasonable period of release time during personnel office hours to the file shall not be placed in review the employee’s 's personnel file. In The personnel file may not be removed from the event a grievance is initiated under Article 9personnel office unless approved by the department head or designee. Copies of material within the personnel file shall be provided upon written request of the employee or, if properly authorized by the employee, the Appointing Authority CAPT ▇▇▇▇▇▇▇, subject to normal duplicating fees.
C. Performance-related material, other than covered by Subsection H below, the subject of which has not recurred, shall provide have a copy of any items removal date, not to exceed two (2) years.
D. An adverse action, other than a termination, may be retained in an employee's official personnel file for up to three years, unless a shorter duration is stipulated by a settlement agreement.
E. An employee may petition the Executive Director, Warden or designee to remove a recorded adverse action from the employee's official personnel file upon provided the request subject of the employee or the Association, with any copying costs paid in advance by the employee or the Associationadverse action has not recurred. However, up A petition to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee remove shall not be unreasonably denied. The decision of the Executive Director, Warden or designee may be appealed through the grievance procedure to the Department Director or designee (2nd level) whose decision shall be final.
F. There shall be only one (1) employee personnel file. Copies of material placed in the file will be provided to the employee, whenever possible, prior to placement in the employee's personnel file.
G. Any materials in an employee's personnel file involving a wage garnishment order shall, upon request of the employee, be removed after three (3) years from the date of order or the date the order is no longer valid, whichever occurs first.
H. Counseling memos, letters of instruction and work improvement memos shall contain an expiration date, not to exceed one year, at which time the employee may request the removal. When requested, the counseling memo shall be removed and given to the employee.
I. No client, patient or inmate shall have access to official personnel files, supervisory working files or other employee files.
J. Employee personnel files and supervisory files shall be confidential. Employees shall be notified within five working days of a subpoena or court order requesting release of information from official personnel files or other employee files.
K. One file may be kept on each employee by the supervisor, in a locked, secure file. An employee, and/or the CAPT ▇▇▇▇▇▇▇ or representative if properly authorized by the employee, may review his/her supervisory working file during regular office hours, subject to the availability of the supervisor.
L. The supervisor file may not contain medical reports and employee equal opportunity (EEO) records.
Appears in 1 contract
Sources: Bargaining Agreement
Personnel File. Initial minor infractions15.1 No files shall be maintained other than the permanent personnel file, irregularitiesgrievance files, investigative files and an administrative working file. Administrative working files shall be purged at the end of each contract year. Only materials in the employee’s District personnel file or deficiencies administrative working file may be used in annual evaluations. Investigative and grievance files shall first be privately brought to kept separately from the attention employee’s District personnel file in a secure location. The existence and contents of the employee and, if corrected, grievance files shall not be entered into shared with prospective employers nor with other District administrators reviewing a transfer request. The existence and contents of an investigative file will not be shared with prospective employers nor with District administrators reviewing a transfer request unless the investigation resulted in a finding of misconduct and discipline. Employees shall be notified of the existence of an investigative file which identifies them as the subject of the investigation. The parties presume that an employee who files a grievance is aware that a grievance file is kept in the Human Resources Office. Materials older than three (3) years in an investigative file may only be used by the District to defend itself from grievances, claims or litigation, or to prove progressive discipline or fair notice as described in Section 30.4.3.
15.2 Certificated employees shall upon request have the right to inspect the entire contents of their permanent personnel file kept within the District as well as any grievance files or completed investigation files which identify them as the subject or the grievant. The District shall provide, at the individual employee's request, a copy of the evaluation reports or other supporting documents contained in the files. Employees may submit written comments to be attached to any materials in the files. A certificated employee shall be allowed, when inspecting any of the files identified above, to have the UniServ representative or an officer of the Association present.
15.3 Annual evaluations, correspondence, or other communications which refer to the individual's professional competence and performance shall be maintained in the permanent personnel file only with the individual's knowledge of its content. The individual shall have the right to attach their written comments. Prior to placement of any parent, student or staff communication in the permanent personnel file, the administrator and teacher will meet to discuss the validity of the complaints in the communication. A parent, student or staff complaint placed in the personnel file must be put in writing either by the complainant or the administrator investigating the complaint. The identity of any complainant will be shared with the employee prior to taking any disciplinary action or placing any document regarding the complaint in the personnel file. Upon the employee’s request, a “letter Within ten (10) days of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date receipt of the “letter of expectationcomplaint, the District will provide as much detail as it can without impairing or compromising the investigation, if any.” An oral reprimand
15.4 The District shall not become a part maintain evidence of unsubstantiated allegations in permanent personnel files. Materials which are derogatory of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand ’s performance or conduct shall be removed from the employee's ’s personnel file provided that no further disciplinary action has been taken against the upon employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of after three (3) years following years, provided that: (a) the beginning date District may continue to maintain records of such materials in investigative files; and (b) in no event shall the written suspension. Discipline District remove substantiated information about verbal or physical abuse, or sexual misconduct that becomes eligible for removalmust be retained pursuant to RCW 28A.400.301, based upon this provision, shall not be used as a basis for any subsequent discipline regardless of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed whether such information resulted in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, leaving their position at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel fileschool district.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractionsA. There shall be an official personnel file for each employee, irregularitieswhich shall be confidentially maintained in the Office of Human Resources. In addition, there shall be an official Department of Public Safety personnel file which shall be confidentially maintained. Each employee, individually or deficiencies through his or her designated representative shall first be privately brought permitted to make one copy of any document(s) from his/her personnel files. Employees shall have the attention right to know of any and all information which is placed in his/her personnel files, and any derogatory or negative material shall be initialed and dated by the employee to acknowledge that he/she was provided a copy of the employee anddocument in question. The employee’s initials indicate only that he or she received a copy of the document, if corrected, and shall not be entered into the employee's personnel fileconstrued as consent to its content. Upon Copies of any and all grievances, Form 95s, reports of ongoing internal investigations and supporting documentation related to such matters shall not be kept in the employee’s requestofficial personnel files.
B. Employees shall have the right to respond in writing and/or through the grievance procedure to any derogatory or negative documentation placed in their official personnel files, a “letter of expectation,” which is not discipline, may be removed from except when employees had previously had the personnel file, provided that opportunity to grieve said documentation. Any written response by the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy appended to the appropriate document, provided the employee identifies in writing the appropriate document.
C. Any and all outside inquiries regarding an employee’s status or requests for references may be directed to the Office of all evaluative and disciplinary entries into their Human Resources and/or the Department of Public Safety. The Office of Human Resources shall respond to requests for the official personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, upon being provided a written reprimand authorization signed by the employee involved. The Department of Public Safety shall be removed from respond to requests only for the employee's personnel official Department of Public Safety file upon being provided that no a written authorization signed by the employee involved.
D. After twelve (12) months without any further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file , counseling session memos and verbal warnings shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items expunged from the employee's official personnel file upon the request of the employee or the Association, with any copying costs paid in advance maintained by the employee or Office of Human Resources and the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's official personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit maintained by the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel fileDepartment of Public Safety.
Appears in 1 contract
Sources: Memorandum of Understanding
Personnel File. Initial minor infractions, irregularities, or deficiencies
Section 1. Human resources shall first maintain a personnel file of each employee in county service. This file shall be privately brought to the attention official file of the employee andEmployer and shall contain copies of all official reports, if correctedmemos, shall not be entered into the employee's letters, personnel file. Upon actions, etc., relating to the employee’s request, a “letter performance and employment status.
Section 2. An employee may inspect the contents of expectation,” which is not discipline, may be removed from the employee’s personnel file, provided that in the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into human resources office upon the employee's personnel file’s written request to do so. Each An employee shall be furnished with a copy may also inspect the contents of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of any supervisory files maintained on the employee. Upon request An employee’s official representative, with the written permission of the employee, a written reprimand may inspect their personnel file.
Section 3. No information reflecting critically upon an employee shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In file maintained in the event a grievance is initiated under Article 9, human resources office that does not bear the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request signature of the employee or the Association, with any copying costs paid in advance by notation that the employee or the Association. However, up to two (2) copies or has been provided a digital copy, at the discretion copy of the agency, material and refuses to sign and the following disclaimer: “Employee’s signature confirms only that the supervisor has discussed and given a copy of such the material shall be without cost to the employee and does not indicate agreement or Associationdisagreement.”
Section 4. Only If an employee believes that there is material in the employee's ’s personnel file may which is incorrect or derogatory, the employee shall be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or writtenentitled to prepare, in any disciplinary hearingwriting, nor does it so limit an explanation or opinion regarding the Associationparticular material, and this shall be included as part of the personnel file. Documentation regarding wage garnishment action against an If the employee believes that such specific information should be removed entirely from the files, the employee may petition for such consideration to human resources.
Section 5. Letters of caution, consultation, warning, admonishment and reprimand shall not be used in any subsequent evaluation or disciplinary proceeding involving the employee, three (3) years after they have been placed in the records, unless there have been recurrences of a similar nature. After the three (3) year period and in the absence of a recurrence of a similar infraction, such letters shall then be removed from the employee's ’s personnel filefile and supervisory files at the written request of the employee.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularitiesAn employee, or deficiencies shall first be privately brought his/her certified representative with the written consent of the employee, under HR supervision, may inspect that employee’s personnel file with the exception of all material obtained from other employers and agencies at the time that the employee was hired. The employee is to give two (2) days notice to the attention Human Resources Division for the purpose of the employee and, if corrected, shall not be entered into inspecting and photocopying any materials in the employee's personnel filefile to which the employee is entitled to have access. Upon The employee may photocopy material to which the employee is entitled to have access from his or her personnel file without charge. An employee shall be advised of, and entitled to read, any written statement by the employee’s requestsupervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature to the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall follow existing department practices The employee may file a “letter grievance regarding any such document within the prescribed time limits of expectation,” which is the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the personnel file. If the employee does file a grievance within the designated time limits, said document shall not discipline, be placed in the personnel file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve a violation of a specific provision of this agreement. Management agrees that no properly used and approved full paid sick leave used during the Performance Evaluation rating period I be referenced on such form. The same will not be reference in an Appraisal of Promotability as appropriate. The employee may request that any written Warning(s) or Reprimand(s) more than one
(1) year old shall be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 1 contract
Sources: Memorandum of Understanding
Personnel File. Initial minor infractions5.1 An official file shall be maintained in the administrative office. Unofficial working files may be maintained in the office of each principal. All stipulations in this article shall apply to both personnel files.
5.2 Material that adversely affects a teacher's employment status may not be placed in the teacher's official file until the teacher has had the opportunity to read the material and to sign and date the actual copy to be filed indicating that the teacher has seen the material and knows that it will be placed in the file. The teacher shall receive a copy of the material, irregularitiesat no cost to the teacher, at the time of filing. The teacher may, within ten (10) days, affix a written response to the material.
5.3 A teacher, or deficiencies shall first be privately brought to upon written authorization, the attention teacher's designee, may review the non-confidential contents of the employee andteacher's official file during normal business hours, if corrected, but not during the duty time of the teacher or designee. The teacher is entitled to receive a copy of any documents contained therein.
5.4 Any allegation or anonymous charge which is unproven through a thorough documented investigation shall not be entered into the employeeplaced in a teacher's personnel official file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of
5.5 Access to an employee's personnel file. Investigations which do not result in disciplinary actions shall not files will be entered into a follows: the employee or the employee's designee, district employees who have a need to review the files in order to complete a job responsibility, members of the Board of Education, other persons as required by law or by State Board Regulations. All personnel filefile examinations shall take place in the Superintendent's office or in the principal's office. Each employee Such examinations shall be furnished with a copy under the supervision of all evaluative and disciplinary entries into their the Superintendent or the building principal. Copies of any material in the personnel file and files shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected made only after notification of the employee. Upon request No notification will be made if sent to the Attorney of District. Amended 5-2012
5.6 The district shall keep logs indicating the employeepersons who examine a personnel file and an evaluation file as well as the dates such examinations were made. Such logs shall be available for examination by the employee or his/her authorized Association representative.
5.7 Hearsay, a written reprimand false, or unverified material shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 1 contract
Sources: Negotiated Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first Represented employees will be privately brought to the attention given a copy of entries of a derogatory nature when they are placed in their official personnel file. Derogatory entries in a represented employee’s official personnel file are evaluated in terms of the seriousness of the action(s) or incident(s) described and the recency and repetitiveness of such action(s) or incident(s) for use in disciplinary proceedings. Entries describing action(s) or incident(s) that are of minor significance and/or that have not been repetitive will receive more limited consideration in disciplinary proceedings. Disciplinary letters in a represented employee’s file shall not be used as the basis for disciplinary action imposed more than four (4) years after the date of the disciplinary letter. But disciplinary letters of any date may be used to rebut factual assertions made by or on behalf of the represented employee andin disciplinary proceedings. Disciplinary letters of any date may also be used as evidence that the City has complied with progressive discipline requirements (if any apply), if correctedthe represented employee is aware of rules or standards of conduct, and/or the represented employee has been instructed to take specified actions or improve conduct. Information of a derogatory nature shall not be entered into the employee's personnel file. Upon the a represented employee’s request, a “letter of expectation,” which personnel file until the represented employee is not discipline, may be removed from given notice and an opportunity to review and comment on the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel fileinformation. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each A represented employee shall be furnished with a copy of all evaluative and disciplinary have the right to attach to any such derogatory statement, the represented employee’s own comments on the information. All derogatory entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the a represented employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's ’s personnel file shall be disclosed to them upon request signed and dated by the author with documentation of delivery to the represented employee's Association ▇▇▇▇▇▇▇ upon . Represented employees may review their official personnel files in the written request Personnel Department twice per year and may make copies, at their own expense, of the documents contained in the file, except that copies of all original entries to the files shall be provided at no expense to represented employees at the time of entry. The City may establish reasonable rules for the control of the files in the implementation of this provision. A represented employee may also authorize, in writing, the CMEA Representative to inspect a personnel file related to a dispute concerning that represented employee. The written request authorizing Material in personnel files shall be regarded as confidential and disclosed only in accordance with provisions of law. To the Association ▇▇▇▇▇▇▇ access to the file extent that any aspect of this section creates an expectation of progressive discipline, it shall not be placed apply to represented employees in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items Unit U31 who are in classifications that have been exempted from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filecompetitive civil service.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractionsNo complaint, irregularitiesdisciplinary letter of memorandum, or deficiencies supervisory or evaluation report will be placed in an employee's file without the employee’s knowledge. The employee will be given a copy of each document so filed. The employee will be required to sign or initial each such document. The employee shall first be privately brought permitted to attach a statement of explanation within 5 working days. An employee's signature or initials on any such document shall represent only that s/he has seen the attention of the employee anddocument, if corrected, and shall not be entered into construed to mean acceptance or agreement with the contents thereof. An employee shall be entitled to examine her/his personnel file, except letters of reference and pre-employment correspondence, upon reasonable notice to the ’'DISTRICT'', during the District's regular business hours and in the presence of the Superintendent or her/his designee. The employee is required to record her/his review of the personnel file by signing a receipt; refusal to record such review will be documented. The employee may make a copy of any document in her/his file at the reasonable and customary charges per page. Items placed in any employee's personnel file become District records. As such, they are kept permanently throughout the individual's employment at Jamesviile-▇▇▇▇▇▇. However, if an employee wishes to remove counseling letters, s/he shall file a written request with the District Records Officer. The request must specifically list all items the employee wishes removed from her/his file. If the incident or incidents that were the subject of the counseling letter(s) have not recurred, and the counseling letter(s) are three (3) years or more old, the "DISTRICT" agrees to remove the letter(s) from the employee's personnel file. Upon This section shall not apply to any material that gave rise to any formal disciplinary proceeding, or to the employee’s requestrecord of any action taken as a result of any formal disciplinary proceeding, a “letter of expectation,” which is not discipline, may be removed from whether by the personnel file, provided that Board Of Education action or by agreement between the employee has performed satisfactorily for six (6) months from and the date of the “letter of expectation"DISTRICT".” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six 9.1 One (61) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's official personnel file shall be disclosed to them upon request and maintained for each employee in an office designated by the President for that purpose. The term "personnel file" as used in this Agreement shall refer to the employee's Association ▇▇▇▇▇▇▇ upon one (1) official personnel file.
9.2 An employee may request an appointment for the written request purpose of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s inspecting his/her personnel file. In the event Such request shall be honored subject to reasonable conditions relating to time and place.
9.3 An employee may be accompanied by a grievance is initiated under Article 9, the Appointing Authority shall provide person of his/her choice when inspecting his/her personnel file.
9.4 An employee may submit a copy of any items from the employee's rebuttal statement to material in his/her personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material which shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
9.5 If, after examination of his/her records, an employee believes that any portion of the material is not accurate, relevant or complete, the employee may request in writing to the President correction of the record. The request shall include a written statement by the employee describing corrections that he/she believes should be made, and the facts and reasons supporting such request. Such request shall become part of the personnel file, except in those instances in which the disputed material has been removed from the file.
9.6 Within twenty-one (21) days of an employee's request for correction of the record, the President shall notify the employee in writing of his/her decision regarding the request. If the President denies the request, he/she shall state the reason(s) for denial in writing, and this written statement shall be sent to the employee. If the President grants the request for correction of the record, however, the record shall be corrected. The employee shall be sent a copy of the corrected record and a written statement that the incorrect record in question has been permanently removed from the employee's personnel file.
9.7 Personnel recommendations or decisions relating to the promotion, retention, termination or any other personnel action of a disciplinary or pre-disciplinary nature shall be based primarily on material contained in the employee's personnel file and open to the employee's inspection. If a personnel recommendation or decision is based on any reasons not contained in the employee's personnel file, the party making the recommendation or decision shall commit those reasons to writing, and the written statement of those reasons shall become part of the employee's personnel file. The employee shall receive a copy of any material which could lead to a personnel action at least five (5) days prior to placement in the personnel file.
9.8 An individual employee's attendance and payroll records maintained separately from the personnel file may be reviewed by the employee upon request.
9.9 An employee shall have the right of access to reports, documents, correspondence, and other material officially maintained in his/her campus personnel file. Employees shall have the right of access to pre-employment materials only in the instance when such material is used in a subsequent personnel action.
9.10 The employee shall, within four (4) days of his/her written request, be provided an exact copy of all or any portion of materials in the employee's personnel file. The employee shall bear the cost of duplicating such materials.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractionsThere shall be only one official personnel file maintained in the office of the Safety Director (Director). The City Auditor also keeps files for payroll purposes only.
A. Every member shall be allowed to review his personnel file at any reasonable time upon written request. A member may also authorize his attorney to review the personnel file. Such request shall be made to the Director and review of the file shall be made in the presence of the Director or his designated representative. Personnel records shall be deemed confidential records except as otherwise provided by law.
B. Any member may copy documents in his file. The City may levy a charge for such copying, irregularitieswhich charge shall bear a reasonable relationship to actual costs.
C. If upon examining his personnel file, any member has reason to believe that there are inaccuracies in documents contained therein, the member may write a memorandum to the Director explaining the alleged inaccuracy. If the Director concurs with the member's contentions, he shall remove the faulty document. If the Director disagrees with the member's contention; he shall attach the member's memorandum to the document in the file and note thereon his disagreement with the memorandum's contents. To the extent applicable the provisions of this Section shall serve as a substitute for the provisions of Chapter 1347 O.R.C.
D. Except for routine hiring materials and workers compensation claims materials, no document which does not include as part of its normal distribution a copy to the member, or deficiencies shall first be privately brought to which does not originate with the attention of the employee and, if correctedmember, shall not be entered into placed in the employeepersonnel file unless the member is simultaneously provided a copy. Anonymous material shall never be placed in a member's personnel file. Upon Any employee's signature on a document shall mean he has seen the employee’s requestdocument and not that he agrees with its content unless it is so stated on the document.
E. Written reprimands shall cease to have force and effect or be considered in future discipline matters one (1) year after the date of the incident for which such reprimand was given provided no further disciplinary action has occurred. Records of suspension, a “letter of expectation,” which is not disciplinedemotion or discharge shall cease to have force and effect or to be considered in future discipline matters four (4) years after their effective date, may providing there are no intervening disciplinary actions taken during that time period. Outdated disciplinary records shall be removed from the personnel file, provided that file in accordance with the employee has performed satisfactorily for six (6) months from the date records retention policy of the “letter City of expectationHillsboro.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their
F. The Chief may retain private written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record notes of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removalsupervisor to document an oral reprimand, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file but such notes shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employeemember's personnel file upon the request or other official records of the employee or City.
G. In any case in which an action of record is disaffirmed through the AssociationGrievance Procedure, with any copying costs paid in advance by the employee or Director, by the Association. HoweverCivil Service Commission, up to two (2) copies or and/or by a digital copycourt of competent jurisdiction, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employeemember's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit shall clearly reflect such disaffirmance and the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filematerial removed.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities,
SECTION 1 There may be only one (1) personnel file maintained by the Employer:
A. Every employee shall be allowed to review his/her personnel file at any reasonable time upon written request. An employee may also authorize his/her attorney or deficiencies representative of the Union to review said employee’s personnel file upon written request. Such request shall first be privately brought made to the attention Employer or his/her designee and review of the employee andfile shall be made in the presence of the Employer or his/her designee. Except for supervisory and administrative personnel with legitimate need to know and administrative agencies or courts of competent jurisdiction which have subpoenaed them, if corrected, personnel files shall not be entered into the employee's made available for review by anyone except as provided by law.
B. Any employee may copy documents in his file. The Employer may levy a charge for such copying, which shall bear a reasonable relationship to actual cost.
C. If, upon examining his/her personnel file, an employee has reason to believe that there are inaccuracies in documents contained therein, the employee may write a memorandum to the Employer explaining the alleged inaccuracy. Upon If the Employer concurs with the employee’s requestcontentions, a “letter of expectation,” which is not discipline, may the faulty document or inaccuracy will be removed from or corrected. If the personnel fileEmployer disagrees with the employee’s contention, provided that the employee may utilize the grievance procedure to decide the validity of his/her contention.
D. Any employee’s signature on a document shall mean he/she has performed satisfactorily for six seen the document and not that he/she agrees with its content unless it is so stated on the document.
E. Record of written reprimands shall cease to have force and effect or be considered in future discipline matters twelve (612) months for full-time employees from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in issuance providing there are no intervening disciplinary actions shall not be entered into of the employee's personnel file. Each employee same type during that time period.
F. The parties hereby agree that this article shall be furnished applied in compliance with a O.R.C. 149.43, the Ohio Public Records Law.
G. A copy of all evaluative and disciplinary entries into their personnel file and shall records dealing with discipline matters will be entitled given to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association local Union ▇▇▇▇▇▇▇ upon before it is placed in his/her personnel file, and the written request of employee given an opportunity to grieve, as outlined in Article(s) XIX, XX, 19 and 20, its validity through the employeegrievance procedure. The written request authorizing the Association employee and Union ▇▇▇▇▇▇▇ access shall sign a receipt statement showing that they received the disciplinary matter prior to the file shall not be placed its inclusion in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies A. There shall first be privately brought to the attention of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the one official personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” and a supervisory work file. An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's departmental personnel file shall be disclosed to them upon request and to maintained in the facility's personnel office.
B. An employee's Association , and/or the CAPT ▇▇▇▇▇▇▇ upon or representative if properly authorized by the written request employee, may review his/her personnel file during regular personnel office hours, subject to operating needs of the employeepersonnel office. The written request authorizing the Association Upon prior approval of his/her supervisor, an employee and/or CAPT ▇▇▇▇▇▇▇ access shall be granted a reasonable period of release time during personnel office hours to the file shall not be placed in review the employee’s 's personnel file. In The personnel file may not be removed from the event a grievance is initiated under Article 9personnel office unless approved by the department head or designee. Copies of material within the personnel file shall be provided upon written request of the employee or, if properly authorized by the employee, the Appointing Authority CAPT ▇▇▇▇▇▇▇, subject to normal duplicating fees.
C. Performance-related material, other than covered by Subsection H below, the subject of which has not recurred, shall provide have a copy of any items removal date, not to exceed two (2) years.
D. An adverse action, other than a termination, may be retained in an employee's official personnel file for up to three years, unless a shorter duration is stipulated by a settlement agreement.
E. An employee may petition the Executive Director, Warden or designee to remove a recorded adverse action from the employee's official personnel file upon provided the request subject of the employee or the Association, with any copying costs paid in advance by the employee or the Associationadverse action has not recurred. However, up A petition to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee remove shall not be unreasonably denied. The decision of the Executive Director, Warden or designee may be appealed through the grievance procedure to the Department Director or designee (2nd level) whose decision shall be final.
F. There shall be only one (1) employee personnel file. Copies of material placed in the file will be provided to the employee, whenever possible, prior to placement in the employee's personnel file.
G. Any materials in an employee's personnel file involving a wage garnishment order shall, upon request of the employee, be removed after three (3) years from the date of order or the date the order is no longer valid, whichever occurs first.
▇. ▇▇▇▇▇▇▇▇▇▇ memos, letters of instruction and work improvement memos shall contain an expiration date, not to exceed one year, at which time the employee may request the removal. When requested, the counseling memo shall be removed and given to the employee.
I. No client, patient or inmate shall have access to official personnel files, supervisory working files or other employee files.
J. Employee personnel files and supervisory files shall be confidential. Employees shall be notified within five working days of a subpoena or court order requesting release of information from official personnel files or other employee files.
K. One file may be kept on each employee by the supervisor, in a locked, secure file. An employee, and/or the CAPT ▇▇▇▇▇▇▇ or representative if properly authorized by the employee, may review his/her supervisory working file during regular office hours, subject to the availability of the supervisor.
L. The supervisor file may not contain medical reports and employee equal opportunity (EEO) records.
Appears in 1 contract
Sources: Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies
14 A. All information relating to an Employee shall first be privately brought to kept in an official personnel file located in the attention of the employee and, if corrected, shall not be entered into the employee's personnel file15 appropriate Business Office. Upon the employee’s request, a “letter of expectation,” which is not discipline, Copies from this file may be provided to Campus or College Office 16 staff on a "need-to-know" basis. Access to personnel files will normally be limited to direct line of 17 Supervision, Business Office, Payroll, and College Office Employee Relations personnel.
18 1. A chronological record of materials included in or removed from the personnel file shall be 19 attached to the file folder of each individual file. This record shall indicate the person(s) 20 responsible for permanent inclusion or removal of the item and the date(s). This chronological 21 record of materials shall not include such routine documents as the A-1 form used to record 22 salary adjustments and routine personnel actions. Material placed in the file after the effective 23 date of this Agreement and not so recorded in the chronological record may not be used 24 against the Employee.
25 2. Personnel files will be available to Employees on their free (non-scheduled) time during 26 normal business hours and access will not be unreasonably denied. However, provided that during times of 27 peak work load, Employees may be asked to return at another time or make an appointment 28 but in no case shall access be postponed for more than two (2) work days after the employee initial
30 B. No material concerning an Employee's conduct, service, character or personality shall be placed 31 in the official file of such Employee unless:
32 1. It is authorized for placement by someone in the Employee's direct line of supervision.
33 2. It is signed by the author of such material who is a person having direct knowledge of the 34 facts written therein or who has performed satisfactorily for six conducted an investigation to ascertain knowledge based on 35 allegations of which he/she had no direct knowledge.
36 3. The Employee is given an opportunity to read the material promptly but in no case more than 37 thirty (630) months days from the incident or the reported date of the “letter incident, whichever is later.
1 4. Copies of expectationsuch documents are forwarded to the Employee, by certified mail, at the most 2 recent home address on file.” An oral reprimand shall
3 5. Any material not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee so treated shall be furnished with a copy of all evaluative given no weight or consideration for any purpose 4 whatsoever and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in at the employeeEmployee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employeefile.
5 C. An Employee shall have the right to answer any material now in her/his file as well as any 6 material filed hereafter, and her/his answer shall be attached to the file copy with a copy sent to 7 the immediate supervisor.
8 D. An Employee shall have the right to examine her/his file and shall, upon her/his request, be given 9 copies of any material in her/his file except for confidential recommendations received in 10 connection with her/his original appointment at the College.
11 E. Administrators should place in the Employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record information of a suspension positive nature, including 12 special competencies, achievements, recognitions, performances, or contributions of ten (10) days an 13 academic nature. Employees shall have the right to provide or less request that such documents be 14 placed in the file and such requests shall not be removed from unreasonably denied.
15 F. Material not in the employee's personnel official file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis against the Employee for any subsequent discipline reason. This shall 16 not preclude the taking of the employee. The contents of disciplinary action against an employee's personnel file shall be disclosed Employee for reasons unrelated to them upon request and to the employee's Association ▇▇ ▇▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access (Evaluation Procedures) and based on information which has been obtained 18 reasonably prior to such disciplinary action and which has not yet been placed in her/his file; 19 further, materials containing information which should have reasonably been shown to the file 20 Employee in order to encourage remediation shall not be placed the basis for disciplinary action.
21 G. The Employee may challenge any material in her/his file through the employee’s personnel file. In grievance procedure and, if 22 the event a grievance challenge is initiated under Article 9sustained, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost removed from the file
23 H. An Employee may request to have materials removed from her/his personnel file after a period of 24 one (1) year of placement of said materials. The Employee will make this request in writing to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing25 Campus’s chief executive officer. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall request will not be placed unreasonably denied. Copies of this 26 request will be sent by the Employee to the Employee's Reporting Structure (chain of command), 27 the material's author, and the appropriate Union Representatives. The Campus’s chief executive 28 officer will notify the Employee in writing, stating why the employeeEmployee's personnel file.request was denied, within 29 ten (10) working days. The College will remove all materials approved within fifteen (15) working 30 days. 31 ARTICLE XIII: RENEWALS AND TENURE
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six 9.1 One (61) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's official personnel file shall be disclosed to them upon request and maintained for each employee in an office designated by the President for that purpose. The term "personnel file" as used in this Agreement shall refer to the employee's Association ▇▇▇▇▇▇▇ upon one (1) official personnel file.
9.2 An employee may request an appointment for the written request purpose of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s inspecting his/her personnel file. In the event Such request shall be honored subject to reasonable conditions relating to time and place.
9.3 An employee may be accompanied by a grievance is initiated under Article 9, the Appointing Authority shall provide person of his/her choice when inspecting his/her personnel file.
9.4 An employee may submit a copy of any items from the employee's rebuttal statement to material in his/her personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material which shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
9.5 If, after examination of his/her records, an employee believes that any portion of the material is not accurate, relevant or complete, the employee may request in writing to the President correction of the record. The request shall include a written statement by the employee describing corrections that he/she believes should be made, and the facts and reasons supporting such request. Such request shall become part of the personnel file, except in those instances in which the disputed material has been removed from the file.
9.6 Within twenty-one (21) days of an employee's request for correction of the record, the President shall notify the employee in writing of his/her decision regarding the request. If the President denies the request, he/she shall state the reason(s) for denial in writing, and this written statement shall be sent to the employee. If the President grants the request for correction of the record, however, the record shall be corrected. The employee shall be sent a copy of the corrected record and a written statement that the incorrect record in question has been permanently removed from the employee's personnel file.
9.7 Personnel recommendations or decisions relating to the promotion, retention, termination or any other personnel action of a disciplinary or pre-disciplinary nature shall be based primarily on material contained in the employee's personnel file and open to the employee's inspection. If a personnel recommendation or decision is based on any reasons not contained in the employee's personnel file, the party making the recommendation or decision shall commit those reasons to writing, and the written statement of those reasons shall become part of the employee's personnel file. The employee shall receive a copy of any material which could lead to a personnel action at least five (5) days prior to placement in the personnel file.
9.8 An individual employee's attendance and payroll records maintained separately from the personnel file may be reviewed by the employee upon request.
9.9 An employee shall have the right of access to reports, documents, correspondence, and other material officially maintained in his/her campus personnel file. Employees shall have the right of access to pre- employment materials only in the instance when such material is used in a subsequent personnel action.
9.10 The employee shall, within four (4) days of his/her written request, be provided an exact copy of all or any portion of materials in the employee's personnel file. The employee shall bear the cost of duplicating such materials.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractionsDefinition. A personnel file is the official record of the employee’s work history with the District. It may include, irregularities, or deficiencies shall first but not be privately brought limited to the attention following: employment application, resume, performance evaluations, letters of recommendation or commendation, counseling letters, reprimands, other work related documents that have been shared with or generated by the employee, and employee responses to any documents in the file. The District’s Office of Employer-Employee Relations shall maintain a file of all grievance records and communications separate from the personnel files of the employee andGrievant(s), if corrected, and grievance documents and decisions shall not be entered into included in the employee's personnel file. Upon Placing Adverse Materials in the employee’s request, a “letter of expectation,” which is not discipline, Personnel File. Materials may be removed from signed, dated and placed in the file by the appropriate administrator. Prior to placing any adverse material in a Unit member’s file, the employee shall be notified and provided a copy given a copy. The Employee may attach his/her own statement to any material placed in the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not file within ten work days. No adverse material may become a part of an employee's ’s record, placed in his/her personnel file. Investigations which do not result in disciplinary actions shall not be entered into , until the employee's personnel file. Each employee shall be furnished with has been provided a copy of all evaluative such material and disciplinary entries into their personnel file and shall be entitled had an opportunity to have their written response included thereinrespond. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed Removing Adverse Materials from the employee's personnel file provided that no further disciplinary action Personnel File. Adverse material which has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days placed or less shall will be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of placed in an employee's personnel file shall not be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request retained in that file for more than four years after original receipt of the employeematerials. The employee may request adverse material to be removed from her/his personnel file after four years of receipt of the material. unless the employee asks that the material be retained. Viewing the Personnel File A Unit member and/or Union representative shall have the right, at any reasonable time, to inspect a personnel file at the college and/or at the District office. The Unit member may elect to have a Union representative accompany him/her to inspect the personnel file. The Unit member shall have the right to give written request authorizing consent to a Union representative to inspect the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employeeUnit Member’s personnel file. In the event a grievance is initiated under Article 9APPENDIX A, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.JOB DUTY STATEMENT Name: Position Title: Effective Date: Position Status: Regular Temporary Next Evaluation Date: Job Duties:
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractionsBeginning with the 2007-2008 school year, irregularities, or deficiencies one personnel file shall first be privately brought to the attention maintained in Human Resources for each employee of the employee andbargaining unit and may contain, if corrected, shall but not be entered into limited to: the original employee application, payroll authorizations, recommendations, transcripts, certification documents, correspondence, evaluation reports, and pertinent data concerning the employee's personnel file. Upon the employee’s :
A. In addition, a building working folder shall be maintained for each employee at each building/work site.
B. Employees shall, upon request, a “letter have the right to inspect all contents of expectation,” which is not discipline, their District personnel file and/or building working folder. The employee may be removed from accompanied by another person of the employee‘s choosing to review the personnel filefile and/or building working folder.
C. Upon request, an employee will be provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of any or all evaluative documents contained in the District personnel file and/or building working folder.
D. All materials placed in personnel files and disciplinary entries into their building working folders will be dated and initialed by the employee unless the document had been initiated or submitted by the employee.
E. The employee has the right to add information in explanation of materials already in the personnel file and shall be entitled building working folder and may add other items relevant to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon his/her employment.
F. Employees may request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further letters documenting disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of are more than three (3) years following old be removed from their building working folder provided there has been no further disciplinary action within the beginning date of three year period. Any materials filed longer than five (5) years in the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copykept within Human Resources shall, at the discretion employee‘s request, be removed provided: 1) the materials are not required to be retained by law, or 2) the materials are not part of a formalized continuing action, or 3) that the District may keep documents regarding allegations of physical or sexual abuse or harassment for more than five (5) years if these documents are kept in a sealed file in the possession of the agencyDistrict‘s legal counsel, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.or
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractionsAny employee will have the right to review the contents of his/her district personnel file upon written request and at a mutually convenient time and in the presence of an employer representative. At the employee's request, irregularities, or deficiencies shall first a witness may also be privately brought present in this review. A copy of any document(s) contained in the file will be furnished to the attention employee upon request. Information in an employee's personnel file will be available only to the employer’s lawyers, administrators, the employer, and the employee. Release of any information from such file to any other source, in either written or oral form, requires the written permission of the employee andwith the exception of a request from legal authorities who have presented a proper legal instrument, if correctedor in the case of information available under the Public Records Act (42.56 RCW). The employee will also have the right to inspect all employment references leaving the district. An employee will have the right to answer, shall not in writing, any complaints filed in his/her personnel file and said answer will be entered into attached to the complaint and reviewed by the employee's immediate supervisor. All official communications used in recommending or rating an employee will be included in the employee's personnel file. Upon the employee’s request, No item making a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of derogatory reference to an employee's personnel file. Investigations which do not result in disciplinary actions shall not competence, character, or manner will be entered into his/her personnel file without fifteen (15) working days notice to the employee and written review by the employee's immediate supervisor. Any written complaint, excluding acts of alleged misconduct covered by “just cause” provisions of the contract, received against an employee will be shown to the employee within 15 working days of receipt. The employer will review personnel file. Each employee shall be furnished with a copy files, upon request, for the purpose of all evaluative and disciplinary entries into their removing derogatory materials that have been in the personnel file for at least 3 years and shall which the employer determines to be entitled no longer currently relevant. An employee will have the right to have their written response included therein. All disciplinary entries, except discharge, insert material in the employee's personnel his/her file shall state the corrective action expected that is of the employeebenefit to his/her professional stature. Upon request of by the employee, a written reprimand shall be removed from the employee's superintendent or his official designee will sign an inventory sheet to verify contents of the personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion time of the agency, of such material shall be without cost to the employee or Association. Only the inspection by said employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies 7.9.1 There shall first be privately brought one official personnel file maintained for each employee. The file shall be kept at the Taos Municipal School District’s administration building.
7.9.2 TMSD administrators and BOARD representatives with legitimate business may have access to an employee’s file.
7.9.3 A file reviewer shall sign and date a form maintained in the file to record all persons who have had access to a file.
7.9.4 An employee will see and receive a copy of any document prior to the attention placement of the document in the employee’s personnel file.
7.9.5 The employee andshall acknowledge having seen and received a copy of the document by affixing the employee’s signature on the document. If an employee refuses to sign said document the supervising administrator, if correctedalong with a third party, will document said refusal on the document and forward it to the official personnel file.
7.9.6 Anonymous, unsigned documents shall not be entered into the placed in an employee's ’s personnel file. Upon Third party signed documents may be placed in the personnel file after being signed by the employee. “Third party” shall be defined as someone who is other than the employee or the employee’s request, a “letter of expectation,” which is not discipline, administrative supervisor.
7.9.7 An employee may be removed from the personnel file, provided that the employee has performed satisfactorily for six respond in writing within five (65) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of days to any document placed in an employee's personnel ’s file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee The response shall be furnished with a copy of all evaluative attached to the document and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, placed in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand file.
7.9.8 A document shall be removed from the employee's ’s file only at the direction of an arbitrator, judge of competent jurisdiction, or as the result of a grievance resolution.
7.9.9 An employee shall have access to his/her own personnel file provided that no further disciplinary action has been taken against by appointment during regular business hours. The BOARD will assign a central office employee to be present during the review of such file. The employee’s representative may accompany the employee for while reviewing the file. An employee may authorize in writing a period of eighteen (18) months following FEDERATION representative to have access to the date of the written reprimandemployee file on his/her behalf. Upon request of the employee, a written record of a suspension of ten (10) days or less Nothing shall be removed from the employee's personnel this file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employeeduring inspection. The contents of an employee's personnel file shall be disclosed to them upon employee may request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance material subject to inspection. The BOARD may charge a fee as permitted by the employee or the Association. However, up to two (2) Public Records Inspection Act for any copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel fileprovided.
Appears in 1 contract
Sources: Labor Agreement
Personnel File. Initial minor infractionsEach employee may review the contents of his/her personnel file not specifically exempt from employee inspection by the Employee Records Act during normal business hours, irregularities, or deficiencies shall first be privately brought to provided such inspection does not interfere with the attention operations of the unit office. The administration may have a representative present for such review. The employee and, if corrected, shall submit a written request for such review at least twenty- four (24) hours before such review. Employees may not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed remove any material from the personnel filepremises, provided that but may cause non-classified materials to be copied and be charged the employee has performed satisfactorily then prevailing rate for six (6) months from the date of the “letter of expectation.” An oral reprimand same. Administrative or Board reprimands or other disciplinary materials shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel filefile in the Unit office within a reasonable period of time. In the event a grievance is initiated under Article 9, the Appointing Authority The employee shall provide receive a copy of any items from such materials at or about the same time as the material is placed in the employee's ’s unit office file. If any employee feels that material in his/her personnel file upon is inaccurate, in complete or unjust, the request employee may put any objections or clarifications in writing and have them become part of the employee file. Any bargaining unit member who has a reprimand or the Association, with any copying costs paid Board approved notice to remedy in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's his/her personnel file may be used as evidence request the administration to draft a letter for that employee’s personnel file. The Administration shall write a response in any disciplinary action a reasonable period of time, reviewing the employee’s actions or hearingconduct since the reprimand or letter or remediation. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, Materials in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall respect to matters in process need not be placed in the employee's personnel Unit office file. Memoranda, notes or other materials which the administration determines need not result informal discipline need not be placed in the formal Unit file. If a principal leaves the district at the end of a fiscal or school year, and the principal has not taken action to effectuate discipline, the principal’s file will be purged. This will not affect work-in-progress, or matters under investigation which the principal has not finished.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractionsSection 23.1. Each employee shall have the right, irregularitiesupon request, or deficiencies shall first be privately brought to the attention review and obtain, at their own expense, copies of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter contents of expectation,” which is not discipline, may be removed from the their personnel file, provided that the employee has performed satisfactorily for six (6) months from exclusive of materials received prior to the date of their employment by the “letter of expectationCity. There shall be only one personnel file and it shall be maintained by the Human Resources Department.” An oral reprimand shall not become
Section 23.2. When a part of disciplinary item is placed in an employee's personnel file. Investigations which do not result in disciplinary actions , the City shall not be entered into the employee's personnel file. Each employee shall be furnished with at that time provide a copy of all evaluative and disciplinary entries into the item to the employee. An employee may respond to any item placed in their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file response shall state the corrective action expected become a part of the employeefile. Upon request of the employee, a written reprimand All formal disciplinary actions shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed recorded in the employee's personnel file.
Section 23.3. All employment inquiries from prospective employers of current employees shall be referred to the Human Resources Department for a response unless otherwise requested by the employee.
Section 23.4. Oral reprimands, which have been documented in writing, and written reprimands shall be considered to have been expunged at the end of eighteen (18) months from the time the reprimand was dated, provided there is no subsequent related reprimand or disciplinary action taken during the intervening period of time. Documents related to violation of the Drug and Alcohol Policy shall be retained for twenty-four (24) months but shall be considered to have been expunged after twenty-four (24) months absent a further violation. All other disciplinary documents shall be considered to have been expunged from the employee’s personnel file at the end of three (3) years from the date of the disciplinary action, provided no other disciplinary action has been taken; in which case, the documents shall be considered to have been expunged three (3) years from the most recent disciplinary action.
Section 23.5. Documents that shall have been considered to be expunged pursuant to Section 23.4, shall be sealed in an envelope and not physically destroyed to comply with the Oregon Public Records Law and will be maintained by the Human Resources Department. Except as set forth below, such documents will not be used against an employee for the purpose of progressive discipline, but may be used in any civil or administrative proceedings. Employees may request for the expunged records to be removed from their file. The City may also use such documents in arbitration proceedings only if the Union uses the argument that the City failed to be consistent in its disciplinary actions, lax enforcement of rules, make the employee aware of the policy or standard in question, or if the City discriminated against the employee. The City may also use such documents to show compliance with legal obligations if the Union or employee claims non-compliance with a legal obligation. The Union will have equal access, upon request, to these files for the same purposes.
Section 23.6. Where a performance evaluation contains direct references to disciplinary actions which have been expunged, pursuant to Section 23.4, such references shall be removed, at the same time intervals, from the evaluation upon request of the employee provided that the employee has the evaluation retyped at their own expense. The original evaluation shall be sealed and maintained as provided in Section 23.5.
Section 23.7. Any performance related materials maintained by a supervisor or manager regarding an employee shall be dated and may be viewed by that employee at their request.
Section 23.8. Personnel files for employees who are hired on or after July 1, 2018 will include a dated position description effective for when they were hired. The City will notify the Union of changes in job descriptions, as required by PECBA.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention
A) Before any material of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which derogatory nature is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of placed in an employee's personnel file, the affected employee shall first have the opportunity to review it. Investigations which do Once the employee has been given the opportunity to review the material, he/she shall sign a statement indicating only that he/she has been given that opportunity, not result in disciplinary actions necessarily agreeing to the contents thereof. A copy of the same shall not be entered into provided to the employee's personnel file. Each .
B) The employee may submit a statement regarding said derogatory material and that statement shall be furnished with affixed to the material referenced above.
C) If a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, Counseling Memorandum is placed in the an employee's personnel file shall state the corrective action expected of the employee. Upon request of the employeefile, a written reprimand said Memorandum shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of after eighteen (18) months following provided the date of problem identified in the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action Memorandum has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removalcorrected, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be provided no counseling memorandum involving similar conduct have subsequently been placed in the file.
D) If any derogatory material originates from a source other than the affected employee’s personnel file. In the event a grievance is initiated under Article 9's Department Head, the Appointing Authority Department Head will investigate to determine that the derogatory material is valid, it shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file along with a Counseling Memorandum.
E) If no Warning Notice is placed in the employee's file, after eighteen (18) months, the derogatory material, along with the Counseling Memorandum, must be removed upon request of the employee, and provided no counseling memorandum involving similar conduct have subsequently been placed in the file.
F) Such Counseling Memorandum as identified in (E.) above may be removed earlier than 18 months upon the request of the employee and with the approval of the Department Head.
G) The employee may request Union representation at the time a Counseling Memorandum is being provided to the employee, if such employee desires. The Department Head shall provide a reasonable amount of time for the Union to provide such representation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularitiesAn employee, or deficiencies shall first be privately brought his/her certified representative with the written consent of the employee, under HR supervision, may inspect that employee’s personnel file with the exception of all material obtained from other employers and agencies at the time that the employee was hired. The employee is to give two (2) days notice to the attention Human Resources Division for the purpose of the employee and, if corrected, shall not be entered into inspecting and photocopying any materials in the employee's personnel filefile to which the employee is entitled to have access. Upon The employee may photocopy material to which the employee is entitled to have access from his or her personnel file without charge. An employee shall be advised of, and entitled to read, any written statement by the employee’s requestsupervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature to the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall follow existing department practices The employee may file a “letter grievance regarding any such document within the prescribed time limits of expectation,” which is the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the personnel file. If the employee does file a grievance within the designated time limits, said document shall not discipline, be placed in the personnel file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve a violation of a specific provision of this agreement. Management agrees that no properly used and approved full paid sick leave used during the Performance Evaluation rating period be referenced on such forms. The same will not be reference in an Appraisal of Promotability as appropriate. The employee may request that any written Warning(s) or Reprimand(s) more than one
(1) year old shall be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 1 contract
Sources: Memorandum of Understanding
Personnel File. Initial minor infractions13.1 The Employer shall maintain all personnel records concerning each bargaining unit employee in the official personnel file, irregularitieswhich may be maintained in electronic format, with said file being kept in the human resources office. Staff shall have the right to add explanatory material to their official file, as allowed by law.
13.2 A bargaining unit employee shall be provided a copy of any material that is to be placed in his or deficiencies her official file. The bargaining unit employee shall first acknowledge that he or she has read such material by affixing his or her signature on the actual copy to be privately brought filed, with the understanding that such signature merely signifies that he or she has read the documents to be filed and does not necessarily indicate agreement with its content. Any information or material not maintained in the official personnel file shall not be admissible in any disciplinary proceeding against the bargaining unit employee unless the information or material only came to the attention of the Employer after the incident giving rise to the discipline. In such cases the Employer shall provide copies of this information and/or materials to the employee and, if corrected, and the Union as soon as possible.
13.3 Bargaining unit employees shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the permitted to review their official personnel file, make copies, and do as otherwise provided that in the Illinois Personnel Record Review Act (820 ILCS 40/1) Bargaining unit employees, or their Union representative, upon submission of valid written authorization to the Employer, may review certain specified personnel records at reasonable intervals. If a bargaining unit employee has performed satisfactorily for six (6) months from wants to inspect his/her personnel records, s/he must make a written request to the date of the “letter of expectation.” An oral reprimand Employer to schedule an appointment to review his/her records. The Employer shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of respond to all evaluative and disciplinary entries into written requests by bargaining unit employees to review their personnel file and files within fourteen (14) calendar days. The Employer shall be entitled respond to have all written requests by bargaining unit employees to review their written response included therein. All personnel files prior to a disciplinary entriesmeeting held under Article 9, except dischargeDiscipline, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of within three (3) years business days following the beginning date receipt of the written suspension. Discipline that becomes eligible for removalrequest.
13.4 If the Employer’s records are hacked and bargaining unit employees’ personal information or personnel files were potentially accessed, based upon this provision, shall not be used as or if a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the bargaining unit employee’s personnel file. In the event a grievance is initiated under Article 9records are improperly distributed, the Appointing Authority shall Employer will provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.credit
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractionsA. A personnel file for each employee shall be maintained.
B. An employee shall have the right to review the contents of his/her file within two (2) working days, irregularities, or deficiencies shall first be privately brought to the attention of upon request for such review. A representative may accompany the employee andin this review or, if corrected, shall not be entered into upon authorization by the employee's , the representative may review the personnel file in his/her behalf. The personnel file will be stored in one place.
C. As per Section B, above, the employee has the right to review any material placed in his/her personnel file. Upon Should the employee’s requestemployee object to any item(s) enclosed, he/she shall have the right to attachment. That is, the employee may attach to the item(s) he/she objects to, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand written statement citing what he/she objects to and why. Said attachment shall not become a part of an employee's the personnel file. Investigations which do not result record.
D. All documents included in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed dated and identifiable as to them upon original source.
E. An employee may request, and shall receive, one (1) copy of any item(s) in his/her personnel file if it is for the purpose of writing a rebuttal as per Paragraph C, or due to disciplinary reasons, exclusive of confidential letters of recommendation and reference. Additional copies shall be provided at the cost of reproduction.
F. Any document in the personnel file that cannot be documented as to source shall be deleted from the personnel file by the Superintendent and no reference shall be made.
G. An employee has the right to request of the Superintendent that any job-related materials shall be placed in his/her personnel file.
H. It is agreed by the parties that the material contained in a staff member's personnel file is to be treated as confidential and shall not be opened to the public except as provided by law.
I. Suspensions may be removed from an employee's Association ▇▇▇▇▇▇▇ ’s personnel file after four (4) years upon the written request of the employee. The written request authorizing decision to remove shall be at the Association ▇▇▇▇▇▇▇ access to the file Superintendent’s discretion. The Superintendent’s decision shall be final and shall not be placed in the employee’s personnel filesubject to challenge. In the event If a grievance removal request is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of denied the employee or the Association, with any copying costs paid can reapply in advance by the employee or the Association. However, up to two (2) copies or years. A removal would be placed in a digital copy, stale materials file.
J. Written Reprimand may be removed from an employee’s personnel file after three (3) years upon written request of the employee. The decision to remove shall be at the discretion of the agency, of such material Superintendent’s discretion. The Superintendent’s decision shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee final and shall not be placed subject to challenge. If a removal request is denied the employee can reapply in the employee's personnel filetwo (2) years.
Appears in 1 contract
Sources: Master Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first Represented employees will be privately brought to the attention given a copy of entries of a derogatory nature when they are placed in their official personnel file. Derogatory entries in a represented employee’s official personnel file are evaluated in terms of the seriousness of the action(s) or incident(s) described and the recency and repetitiveness of such action(s) or incident(s) for use in disciplinary proceedings. Entries describing action(s) or incident(s) that are of minor significance and/or that have not been repetitive will receive more limited consideration in disciplinary proceedings. Disciplinary letters in a represented employee’s file shall not be used as the basis for disciplinary action imposed more than four (4) years after the date of the disciplinary letter. But disciplinary letters of any date may be used to rebut factual assertions made by or on behalf of the represented employee andin disciplinary proceedings. Disciplinary letters of any date may also be used as evidence that the City has complied with progressive discipline requirements (if any apply), if correctedthe represented employee is aware of rules or standards of conduct, and/or the represented employee has been instructed to take specified actions or improve conduct. Information of a derogatory nature shall not be entered into the employee's personnel file. Upon the a represented employee’s request, a “letter of expectation,” which personnel file until the represented employee is not discipline, may be removed from given notice and an opportunity to review and comment on the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel fileinformation. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each A represented employee shall be furnished with a copy of all evaluative and disciplinary have the right to attach to any such derogatory statement, the represented employee’s own comments on the information. All derogatory entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the a represented employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's ’s personnel file shall be disclosed to them upon request signed and dated by the author with documentation of delivery to the represented employee's Association ▇▇▇▇▇▇▇ upon . Represented employees may review their official personnel files in the written request Personnel Department twice per year and may make copies, at their own expense, of the documents contained in the file, except that copies of all original entries to the files shall be provided at no expense to represented employees at the time of entry. The City may establish reasonable rules for the control of the files in the implementation of this provision. A represented employee may also authorize, in writing, the Union Representative to inspect a personnel file related to a dispute concerning that represented employee. The written request authorizing Material in personnel files shall be regarded as confidential and disclosed only in accordance with provisions of law. To the Association ▇▇▇▇▇▇▇ access to the file extent that any aspect of this section creates an expectation of progressive discipline, it shall not be placed apply to represented employees in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items Unit U31 who are in classifications that have been exempted from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filecompetitive civil service.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each Upon written request, each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon written request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon written request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. Upon mutual agreement between the Employer and Association, the removal of the discipline, as listed in Section 3, from the employee’s personnel file shall constitute the resolution of any applicable outstanding grievances. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 1 contract
Sources: General Professional Labor Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought A. A bargaining unit member will have the right to review the attention contents of all records of the employee and, if corrected, Employer originating after initial employment pertaining to said bargaining unit member and to have a representative of the Association accompany him/her in such review. Such reviews shall take place between 9 a.m. and 4 p.m. on scheduled work days.
B. Other reviews of a bargaining unit member's file shall be limited to qualified supervisory personnel. Clerical personnel shall have the right to carry out their routine tasks as they pertain to personnel files.
C. Any material originating after probation shall not be entered into placed in a bargaining unit member's personnel file or record unless he/she has been given a copy of said materials. The bargaining unit member may submit a written notation regarding such material. If the employeematerial placed in the file is found to be in error, the material will be corrected or removed from the file, whichever is appropriate. If recommendations, written or oral, are requested from the Personnel Office, such recommendations shall be based on the contents of the bargaining unit member's personnel file. Upon .
D. If a bargaining unit member is requested to sign or initial material to be placed in hislher file, such signature shall be understood to indicate hislher awareness of the material, but, in no instance, shall said signature or initial be interpreted to mean agreement with the material's content.
E. There will be only one (1) official personnel file for each employee’s request, .
F. All documents relating to disciplinary action up to a “letter of expectation,” which is not discipline, may suspension and any reference to a disciplinary action up to a suspension shall be removed from the personnel file, provided that the employee has performed satisfactorily for six employee's Personnel file two (62) months from years after the date of on the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included thereindocument. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, documents relating to a written reprimand suspension and any references to a suspension shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen four (184) months following years after the date of on the written reprimanddocument. Upon request of the employee, a written record Removal of a suspension of ten (10) days or less shall be removed document from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date does not mean destruction of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employeeemployer's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filepermanent historical record.
Appears in 1 contract
Sources: Master Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first Represented employees will be privately brought to the attention given a copy of entries of a derogatory nature when they are placed in their official personnel file. Derogatory entries in a represented employee’s official personnel file are evaluated in terms of the seriousness of the action(s) or incident(s) described and the recency and repetitiveness of such action(s) or incident(s) for use in disciplinary proceedings. Entries describing action(s) or incident(s) that are of minor significance and/or that have not been repetitive will receive more limited consideration in disciplinary proceedings. Disciplinary letters in a represented employee’s file shall not be used as the basis for disciplinary action imposed more than four (4) years after the date of the disciplinary letter. But disciplinary letters of any date may be used to rebut factual assertions made by or on behalf of the represented employee andin disciplinary proceedings. Disciplinary letters of any date may also be used as evidence that the City has complied with progressive discipline requirements (if any apply), if correctedthe represented employee is aware of rules or standards of conduct, and/or the represented employee has been instructed to take specified actions or improve conduct. Information of a derogatory nature shall not be entered into the employee's personnel file. Upon the a represented employee’s request, a “letter of expectation,” which personnel file until the represented employee is not discipline, may be removed from given notice and an opportunity to review and comment on the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel fileinformation. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each A represented employee shall be furnished with a copy of all evaluative and disciplinary have the right to attach to any such derogatory statement, the represented employee’s own comments on the information. All derogatory entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the a represented employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's ’s personnel file shall be disclosed to them upon request signed and dated by the author with documentation of delivery to the represented employee's Association ▇▇▇▇▇▇▇ upon . Represented employees may review their official personnel files in the written request Personnel Department twice per year and may make copies, at their own expense, of the documents contained in the file, except that copies of all original entries to the files shall be provided at no expense to represented employees at the time of entry. The City may establish reasonable rules for the control of the files in the implementation of this provision. A represented employee may also authorize, in writing, the CMEA Representative to inspect a personnel file related to a dispute concerning that represented employee. The written request authorizing Material in personnel files shall be regarded as confidential and disclosed only in accordance with provisions of law. To the Association ▇▇▇▇▇▇▇ access to the file extent that any aspect of this section creates an expectation of progressive discipline, it shall not be placed apply to represented employees in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items Unit U31 who are in classifications that have been exempted from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filecompetitive civil service.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractionsa) No complaint, irregularitiesdisciplinary letter of memorandum, or deficiencies supervisory or evaluation report will be placed in an employee’s file without the employee’s knowledge. The employee will be given a copy of each document so filed. The employee will be required to sign or initial each such document. The employee shall first be privately brought permitted to attach a statement of explanation within 5 working days. An Employee’s signature or initials on any such document shall represent only that s/he has seen the attention of the employee anddocument, if corrected, and shall not be entered into construed to mean acceptance or agreement with the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the contents thereof.
b) An employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entriesexamine his or her personnel file, except dischargeletters of reference and pre-employment correspondence, upon reasonable notice to the District, during the District’s regular business hours and in the employee's presence of the Superintendent or his/her designee. The employee is required to record his/her review of the personnel file shall state by signing a receipt; refusal to record such review will be documented. The employee may make a copy of any document in his/her file at the corrective action expected of the reasonable and customary charge per page.
c) Items placed in any employee. Upon request of the employee, a written reprimand shall be removed from the employee's ’s personnel file provided that no further disciplinary action has been taken against become District records. As such, they are kept permanently throughout the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association individual’s employment at Jamesville- ▇▇▇▇▇▇▇ upon the . However, if an employee wishes to remove counseling letters, he/she shall file a written request with the District Records Officer. The request must specifically list all items the employee wishes removed from his/her file. If the incident or incidents that were the subject of the employee. The written request authorizing counseling letter(s) have not recurred, and the Association ▇▇▇▇▇▇▇ access counseling letter(s) are three (3) years or more old, the District agrees to remove the file shall not be placed in letter(s) from the employee’s personnel file. In This section shall not apply to any material that gave rise to any formal disciplinary proceeding, or to the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy record of any items from the employee's personnel file upon the request action taken as a result of any formal disciplinary proceeding, whether by Board of Education action or by agreement between the employee or and the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel fileDistrict.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies 24.1 Employees' personnel files shall first be privately brought considered confidential and not accessible to the attention of the employee and, if corrected, shall not be entered into the employee's unauthorized Employees. There is only one official personnel file. Upon This record will be held in the employee’s requestBoard Office of their employer.
(a) An Employee may review the Employee's personnel file at the Board's office at a time mutually agreeable to the Employee and the Employer.
(b) Such reviewing of the file shall be during normal office hours of the Employer. Where appropriate, a “letter arrangements will be made to have the file available at such other office of expectation,” which is not discipline, the Employer as may be removed from closer to the work location of the Employee; and
(c) The Employee shall be entitled to make a copy of any information contained in the personnel file.
(d) Copies of any disciplinary action will be copied to the Local President and to the Union.
24.3 If a letter of criticism, provided that warning or discipline is addressed to an Employee and placed on the employee has performed satisfactorily for six (6) months from Employee’s personnel file, the date Employee shall have the right to reply in writing thereto and such reply shall become part of the “letter Employee's record.
24.4 Any act of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee outstanding meritorious conduct shall be furnished similarly recorded.
24.5 Where a grievance has been filed and with a copy the written permission of the Employee, the Union may request copies of all evaluative and disciplinary entries into their documents in the Employee's personnel file and shall be entitled to have their written response included therein. All disciplinary entriesgiven such documents within five (5) days.
24.6 Where it is determined through the grievance/arbitration process that any Employee has been unjustly dismissed, except dischargedisciplined, suspended or discharged, the Employer shall forthwith compensate the Employee for an amounts as agreed between the parties or as determined by arbitration, including, where appropriate, reinstatement and/or the removal and destruction of relevant documents in the employee's personnel file shall state the corrective action expected of the employee. Upon request Employee.
24.7 Records of the employee, a written reprimand any discipline (including any reprimands or adverse reports) shall be removed from the employee's personnel Employee’s file provided that if, within the subsequent thirty-six (36) months, where there has been no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employeesame or of a similar nature. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon At the request of the employee Employee or the AssociationLocal, with the Employer may remove any copying costs paid such records after a period of twelve (12) months.
24.8 The Employer will not introduce in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any hearing any disciplinary action or hearing. This does from the Employee’s record of which the Employee was not limit, restrict, or prohibit aware at the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any time of the disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel fileaction.
Appears in 1 contract
Sources: Collective Agreement
Personnel File. Initial minor infractionsA. The Each bargaining unit member’s personnel file will be kept up-to-date and on file for reference at all times, irregularitiesat the Board office.
B. Each bargaining unit member will have the right, or deficiencies shall first be privately brought upon request, to review the attention folder and the Board contents of his/her personnel file, without charge, and receive a copy at Board expense of any documents contained therein. A representative of the employee andAssociation will, if corrected, shall not be entered into at the employeebargaining unit member's personnel file. Upon the employee’s request, a “letter accompany the bargaining unit member in such review. The review will be made in the presence of expectation,” the Superintendent or the Superintendent's designee. A bargaining unit member will have the right to indicate those documents and/or other materials contained in/on the file the bargaining unit member believes to be obsolete or otherwise inappropriate for retention. If the Superintendent
C. Copies of communications, including evaluations, commendations, and other personnel information which is not discipline, may be removed from are included in/on the personnel file, provided that will be given to the bargaining unit member at the time of inclusion. The bargaining unit member will have the opportunity to read all materials and/or documents contained in/on the file. Said bargaining unit member will have the opportunity to attach a written statement to materials and/or documents which may be detrimental to the bargaining unit member’s conduct, service, character and/or personality. At any time a personnel file is accessed by a non-school employee, the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not will be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of notified within ten (10) days or less shall days.
D. Anonymous letters and materials will not be removed from placed in/on a bargaining unit member's file nor will they be made a matter of record. Materials placed in the employeebargaining unit member's personnel file provided that no further disciplinary action has been taken against will carry the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline enclosure and initials of the employee. The contents of an employeeSuperintendent or the Superintendent's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not designee.
E. No documents or other materials will be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy file of any items bargaining unit member after severance from the employee's personnel file school system.
F. Credentials made available by institutions of higher learning and/or other reference letters sent upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall bargaining unit member will not be placed included in the employee's personnel filematerials to be reviewed, copied, and so forth, unless said materials are appropriately marked "Not Confidential."
Appears in 1 contract
Sources: Tentative Agreement
Personnel File. Initial minor infractions17.01 The Board shall maintain an official personnel file in the District administrative office for all employees. The purpose of the file is to serve as the official repository of job-related information.
17.02 The Board shall protect the confidentiality of bargaining unit member personnel files as permitted by state and federal law.
17.03 Each employee, irregularitiesupon request, or deficiencies shall first have the right to review the contents of his/her own personnel file. There will be privately brought no cost for reproducing the material. This access may occur at a time mutually agreeable to the attention of employee and the employee and, if corrected, shall not be entered into Superintendent or Superintendent's designee outside the employee's personnel scheduled work day.
17.04 The employee shall have the right to be accompanied by a person of his/her choice when reviewing the file and shall have the right to respond, in writing, to material in the file. Upon Said response shall be attached to, and become part of the employeefile.
17.05 Excluding evaluations, any employee may request for a personnel file document to be removed after five years. For this to occur, the employee must submit the request in writing, with rationale to the Superintendent. The Superintendent may approve or deny the request. The Superintendent’s request, a “letter of expectation,” which response will be added to the file in the event the request is not discipline, rejected. An unsuccessful request may be removed from the personnel fileresubmitted annually, provided that the employee has performed satisfactorily for six (6) months from based upon the date of the “letter of expectationdocument in question.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not
17.06 No information will be placed in the employee’s official personnel file. In file in the event a grievance is initiated under Article 9, District office without the Appointing Authority shall provide teacher being given a copy of any items from said material prior to its inclusion in the employee's file.
17.07 Employees shall also have the right to review their personnel file upon the request of the employee or the Association, with any copying costs paid in advance maintained by the employee supervisor or the Associationdirector. However, up to two (2) copies or The review shall follow procedures outlined in this Article.
17.08 All materials which are placed in a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against of an employee shall not be identifiable as to source and no anonymous letters and/or anonymous complaints will be placed in the employee's personnel file.
17.09 The employee may not take his/her personnel file from the office.
Appears in 1 contract
Sources: Negotiated Agreement
Personnel File. Initial minor infractions1. For purposes of this article, irregularitiesthe term "personnel records" refers to those records which are used or have been used to determine an employee's qualifications for employment, promotion, additional compensation, or deficiencies termination or other disciplinary action.
2. An employee shall first be privately brought entitled to review, copy and respond to all documents placed in his/her personnel records, except those specifically prohibited by law. Said employee may review his/her personnel records as soon as practicable based on the availability of Human Resources staff. No document relating to the attention performance of the employee andor relating to discipline shall be placed in the personnel records until 48 hours after a copy has been received by the employee.
3. The Chief Executive Officer (CEO) shall, if correctedat the request of the employee, shall not be entered into the seal from an employee's personnel filerecords written warnings and reprimands if the nature and type of discipline has not recurred for the preceding two years. Upon The sealed document shall be maintained in the Office of the Chief Executive Officer (CEO). At the request of the employee’s request, a “letter of expectation,” which is not discipline, such sealed document may be removed and destroyed after a period of five (5) years if the nature and type of discipline has not recurred for the preceding five years.
4. No other document shall be removed from an employee's personnel records without the knowledge of and discussion with the affected employee. Anything removed from the personnel records shall be sent to the employee.
5. While not obligated by State law, the CRA/LA agrees to maintain personnel records access in accordance with the State of California Labor Code Section 1198.5, as may be amended or repealed. To preserve this benefit, the CRA/LA agrees to meet and confer with all representation units on any modifications to said A.I. that will impact wages, hours and other terms and conditions of employment as they pertain to employee's qualifications for employment, promotion, additional compensation, or termination or other disciplinary action.
6. Concurrent with the adoption of this MOU, the CRA/LA will issue an Administrative Instruction (A.I.) governing the procedures for employee access to their personnel records. Said A.I. will be developed based on discussion and recommendations received from the personnel records subcommittee of the Association.
7. Personnel files are confidential and should be viewed only by those CRA/LA employees, officials or CRA/LA agents who have a legitimate need to review the file. Human Resources shall maintain a log, within each individual employee’s personnel file, provided that which will indicate the employee has performed satisfactorily for six (6) months from the name and date of the “letter all individuals outside of expectation.” An oral reprimand shall not become a part of Human Resources who have reviewed an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 1 contract
Sources: Memorandum of Understanding
Personnel File. Initial minor infractions, irregularities, or deficiencies 24.1 Employees' personnel files shall first be privately brought considered confidential and not accessible to unauthorized Employees. There is only one official personnel file. This record will be held in the Board Office of their employer.
(a) An Employee may review the Employee's personnel file at the Board's office at a time mutually agreeable to the attention Employee and the Employer.
(b) Such reviewing of the employee file shall be during normal office hours of the Employer. Where appropriate, arrangements will be made to have the file available at such other office of the Employer as may be closer to the work location of the Employee; and
(c) The Employee shall be entitled to make a copy of any information contained in the personnel file.
(d) Copies of any disciplinary action will be copied to the Local President and the Union.
24.3 If a letter of criticism, if corrected, shall not be entered into warning or discipline is addressed to an Employee and placed on the employeeEmployee's personnel file. Upon , the employee’s request, a “letter of expectation,” which is not discipline, may be removed from Employee shall have the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date right to reply in writing thereto and such reply shall become part of the “letter Employee's record.
24.4 Any act of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee outstanding meritorious conduct shall be furnished similarly recorded.
24.5 Where a grievance has been filed and with a copy the written permission of the Employee, the Union may request copies of all evaluative and disciplinary entries into their documents in the Employee's personnel file and shall be entitled to have their written response included therein. All disciplinary entriesgiven such documents within five (5) days.
24.6 Where it is determined through the grievance/arbitration process that any Employee has been unjustly dismissed, except dischargedisciplined, suspended or discharged, the Employer shall forthwith compensate the Employee for an amounts as agreed between the parties or as determined by arbitration, including, where appropriate, reinstatement and/or the removal and destruction of relevant documents in the employee's personnel file shall state the corrective action expected of the employee. Upon request Employee.
24.7 Records of the employee, a written reprimand any discipline (including any reprimands or adverse reports) shall be removed from the employeeEmployee's personnel file provided that if, within the subsequent thirty-six (36) months, where there has been no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employeesame or of a similar nature. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon At the request of the employee Employee or the AssociationLocal, with the Employer may remove any copying costs paid such records after a period of twelve (12) months.
24.8 The Employer will not introduce in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any hearing any disciplinary action or hearing. This does from the Employee's record of which the Employee was not limit, restrict, or prohibit aware at the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any time of the disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel fileaction.
Appears in 1 contract
Sources: Collective Agreement
Personnel File. Initial minor infractions(a) The Employer agrees to advise and discuss with the Employee in question any report concerning the Employee’s performance or conduct while employed with the Employer prior to such being filed in the Employee’s personnel file. The Employee shall be given opportunity to read the report and shall be required to sign an acknowledgment of being given the opportunity to read and discuss the report, irregularities, or deficiencies shall first be privately brought to the attention of the employee and, if corrected, The Employee’s signature shall not be entered into construed as her acceptance of the employee's content of the report. An Employee shall have the right to respond in writing within fourteen (14) days of having discussed the report with the Employer and that reply shall be placed in her personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six .
(6b) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee Employee shall be furnished with given a copy of all evaluative and disciplinary entries into their her performance appraisal.
39.02 An Employee shall be allowed access to her personnel file and shall be entitled to have their written response included therein. All disciplinary entriesreview any document therein pertaining to work performance or conduct, except dischargereferences from previous Employers, in by making prior arrangements with the employee's Employer designate. Any Employee may review her personnel file shall state the corrective action expected of the employee. Upon request of the employeeupon termination.
39.03 After three (3) years an adverse report, a written reprimand excluding references from previous Employers, shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for Employee’s file. If a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days report or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of appraisal is dated more than three (3) years following but has not yet been removed from the beginning date of the written suspension. Discipline that becomes eligible for removalEmployee’s file, based upon this provision, such shall not be used as a basis for in any subsequent discipline of action against the employee. The contents of an employee's personnel file shall be disclosed to them upon request and Employee.
39.04 An Employee who is fully exonerated through recourse to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access grievance procedure shall have all reference to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items suspension or discharge removed from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's her personnel file.
Appears in 1 contract
Sources: Collective Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the A. Each employee’s requestofficial personnel file shall be maintained in the Central Administrative Office. No material, a “letter of expectation,” which is not related to discipline, may be removed from placed in the personnel file, provided that file without first giving a copy to the employee has performed satisfactorily for six (6) months from and informing the date of employee that a copy would be placed in the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each The employee shall be furnished with initial and date the file copy to verify that he/she has received a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included thereinthe said material. All disciplinary entries, except discharge, Initialing does not indicate agreement. Administrative comments which for evaluation purposes require improvement in the employee's personnel file ’s performance or which the Administration deems unacceptable shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file within fifteen (15) days of the date the Administration becomes aware of or should have been aware of the occurrence or observation thereof. Employee commendations may be placed in the file without signature.
B. Each employee shall have the right, upon request, to review the non-confidential contents of his/her file and to attach a written response to any item in the file. In The employee’s written response must be submitted within fifteen (15) days after the event a grievance date on the initialed and dated copy placed in the personnel record. Confidential information for this section shall be limited to information concerning the employee prior to his/her employment by the Board and personnel file documents under Section 10 of the Personnel Record Review Act (820 ILCS 40/10). A representative of the employee’s choice shall be allowed to review the file in the presence of the employee or upon presentation of written authorization by the employee. An employee may duplicate anything in his/her file he/she may have the right to review (in the presence of an administrative representative), provided nothing is initiated under Article 9, removed from the Appointing Authority shall provide a copy office where the file is maintained). The District may charge the employee for the reasonable cost of any items from the employee's personnel file upon said duplication, not to exceed .55 cents per page. After five (5) years, adverse materials may be reviewed at the request of the employee or the Association, and may be removed with any copying costs paid administrative approval.
C. Evidence not previously recorded in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's ’s personnel file may be used as evidence in any disciplinary action or hearing. This does not limitprior to notice of a demotion, restrictdiscipline, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, other involuntary change in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee employment status shall not be placed in used by the employee's personnel fileBoard as a basis for its action, except for serious infractions which could be the subject of criminal prosecutions or civil complaint and prevent such prior recordation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies A. The College shall first maintain one (1) official personnel file for each employee in the bargaining unit. Material relating to initial employment at the College solicited under conditions of confidentiality shall be privately brought to the attention of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed excluded from the personnel file. Material not placed in the official personnel file, provided that such as notes or memoranda of supervisors, data in College computer systems, or health records shall not be utilized for personnel decisions affecting such employee unless such material is placed in the official personnel file and is thereby available for inspection and written response by the employee.
B. Upon advance written notice, an employee shall have the right to personally examine the contents of his/her official personnel file during College business hours within five (5) working days of such request. At option of such employee, one (1) representative of the Federation may also be present. The employee shall review such file in the presence of a representative of the College, and the employee has performed satisfactorily for six (6) months shall not remove any material from the such file. The employee may initial and date all material reviewed, which initialing shall not be deemed to constitute an approval of the “letter contents of expectation.” An oral reprimand shall not become such material. Because of limitations of College personnel, only one (1) employee at a part of an employee's time may review his/her personnel file. Investigations which do If it is not result in disciplinary actions shall not possible, due to the number of requests, to grant such requests within the time specified, the requests will be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, handled in the employee's personnel file shall state the corrective action expected of the employee. order they are received.
C. Upon request of the employee, a written reprimand shall be removed from the College will, without charge to the employee, make one (1) copy of any new material in such employee's personnel file provided that no further disciplinary action has been taken against which the employee for a period of eighteen has not previously received. Prior to adding any new material to the personnel file, the College will provide one (181) months following the date copy of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and material to the employee's Association ▇▇▇▇▇▇▇ upon the .
D. An employee may have inserted into such personnel file his/her written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access response to the file shall not be placed any item in the employee’s personnel file. In An employee may also request in writing that the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy College remove any material considered obsolete or inappropriate. Such request for removal of any items from the employee's personnel file upon the request of the employee material may be granted or the Association, with any copying costs paid denied in advance by the employee or the Association. However, up to two (2) copies or a digital copy, writing at the discretion of the agencyappropriate administrator appointed by the College to review such request.
E. Whenever signed materials commenting on an employee's performance are deemed appropriate by the College administration for placement in an employee's official personnel file, and the College has not given a copy of same to the employee, written notice of placement of such material in the personnel file shall be without cost given to such employee.
F. Upon receipt of request for information for any of the listed below, the College shall notify the employee or Association. Only of such request, but the College shall nevertheless have the right to release such information without the employee's personnel file consent. The written consent of the employee shall be required prior to release of information to individuals not acting on behalf of the College, except that such information may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit released by the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit College without the Association. Documentation regarding wage garnishment action against an prior written consent of the employee shall not be placed in the employee's personnel file.following instances:
1. Information required pursuant to a Court order or subpoena;
2. Information required by the Commission on Higher Education;
3. Information required by a Federal, state or county governmental agency charged with the responsibility to enforce, administer or monitor programs or activities of the College; or
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities An employee, or deficiencies shall first be privately brought his/her certified representative with the written consent of the employee, under HR supervision, may inspect that employee’s personnel file with the exception of all material obtained from other employers and agencies at the time that the employee was hired. The employee is to give two (2) days notice to the attention Human Resources Division for the purpose of the employee and, if corrected, shall not be entered into inspecting and photocopying any materials in the employee's personnel filefile to which the employee is entitled to have access. Upon The employee may photocopy material to which the employee is entitled to have access from his or her personnel file without charge. An employee shall be advised of, and entitled to read, any written statement by the employee’s requestsupervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature to the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall follow existing department practices The employee may file a “letter grievance regarding any such document within the prescribed time limits of expectation,” which is the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the personnel file. If the employee does file a grievance within the designated time limits, said document shall not discipline, be placed in the personnel file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve a violation of a specific provision of this agreement. Management agrees that no properly used and approved full paid sick leave used during the Performance Evaluation rating period be referenced on such forms. The same will not be reference in an Appraisal of Promotability as appropriate. The employee may request that any written Warning(s) or Reprimand(s) more than one
(1) year old shall be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 1 contract
Sources: Memorandum of Understanding
Personnel File. Initial minor infractions, irregularities, or deficiencies Section 1. Each Employee may request to inspect his/her official personnel file maintained by the Employer. Inspection of the individual's personnel file shall first be privately brought by scheduled appointment requested in writing to the attention Employer and the inspection must be in the presence of the employee and, if corrected, Employer. Appointments shall not be entered into scheduled during the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date regular working hours of the “letter of expectation.” Township's administrative staff. An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and Employee shall be entitled to have their written response included thereina representative of his/her choice accompany him/her during such review. All disciplinary entriesAny Employee may request, except dischargeand will be given, copies of any documents in his/her official personnel file.
Section 2. The Union employees shall be afforded access to personnel files and records for the purpose of representation, grievance processing or other Union business. Such access shall be by scheduled appointment.
Section 3. If an unfavorable statement or notation is in the employeeofficial personnel file, the Employee shall have the right to place a statement of rebuttal or explanation in the file. The Employer shall notify, and provide copies of all documents of a disciplinary or negative nature that are added to the Employees file. No anonymous material of any type shall be included in the Employee's official personnel file. The Employer shall maintain only one (1) personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand for each Employee which shall be removed managed by, and under the control of, the Township Personnel Department.
Section 4. Any record of discipline filed as a documented warning, documented verbal or written reprimands shall cease to have force and effect for disciplinary purposes one (1) year from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of issuance and shall be moved to an inactive file kept by the written reprimandemployer, providing no intervening discipline has occurred during the twelve month period following the disciplinary action. Upon request of the employee, a written Any record of a suspension of ten (10) days disciplinary actions involving suspensions without pay or less reductions in classification or rank shall be removed from the employee's personnel file provided that no further cease to have force and effect for disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to purposes two (2) copies or a digital copy, at years from the discretion date of issuance and shall be moved to an inactive file kept by the employer providing no intervening
Section 5. Any Record of disciplinary action must contain the signature of the agency, Employer representative and of such material shall be without cost to the employee or Association. Only affected Employee indicating only that he/she has seen the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel filedocument.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions
A. Each campus shall maintain, irregularitiesfor official University purposes, or deficiencies one (1) official personnel file for each unit member. This file shall first be privately brought kept under conditions that insure its integrity and safekeeping and shall contain copies of personnel forms, official correspondence to and/or from the unit member, written evaluations and other appropriate material relating to the attention unit member’s employment. Unit members shall be informed by the University of the employee and, if corrected, shall not be entered into location of the employee's official personnel file. Upon A supervisor’s personal notes regarding the employee’s request, a “letter counseling memorandum/letters of expectation,” which is not disciplinedirection, may be removed equal opportunity complaints including supporting documentation, and records relating to grievances and/or arbitrations, are specifically excluded from the official personnel filefile except as otherwise provided by Article 15, provided that Paragraph E(4). Handling of sensitive documents which are prepared for retention in the employee has performed satisfactorily official personnel file (referenced above) should occur with regard for six (6) months the subject employee’s concern for appropriate privacy and the University’s proper interests. No information or material from the date official personnel file shall be released to any outside person, organizations or institutions without the prior written permission of the “letter unit member. Excluded from this requirement is any release of expectationinformation that is specifically required by statute or governmental regulation, subpoena or other court orders; however, should such information be provided, the bargaining unit member will be timely informed of what specific information is being provided and to whom such information is released, unless such notification is contrary to the statute, regulation, subpoena or court order.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee
B. Unit members shall be furnished with sent a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, material henceforth placed in the employee's personnel file shall state at the corrective action expected of same time as it is placed in the employeefile. Upon request of the employeeAnonymous, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days unattributed or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file inappropriate material shall not be placed in the employee’s file. A unit member shall have the right to submit a written response to any material placed in the personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority This written response shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall then be without cost filed and attached to the employee or Associationappropriate file material. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not Any correspondence addressed to a unit member that is to be placed in the employee's personnel file shall be sent to the unit member “cc: Personnel File.”
C. Unit members shall have the right to examine their file in the presence of the file’s custodian, or that individual’s designee, during the normal business hours of the office in which the file is kept. A unit member may obtain copies of any material in the personnel file. Access shall be permitted and copying accomplished during the normal business hours of the office in which the file is kept. A unit member whose regular work location is not in the same city or town as the location where her/his personnel file is maintained may request from the file custodian that a paper or electronic copy of the file be sent to the unit member at no cost to enable the unit member to examine the file. The request must be a signed written request or sent from the unit member’s ▇▇▇▇▇.▇▇▇ account. The copy of the file will be sent to a University physical address or a member’s ▇▇▇▇▇.▇▇▇ e-mail address. Such a request may be made no more than once per year. The file custodian will provide the requested copy of the file as soon as practicable and no later than ten (10) business days after the request.
D. Unit members are encouraged to periodically review their file. It shall be the responsibility of each unit member to annually update the personnel file including any relevant professional accomplishments.
▇. A unit member may indicate in writing to the file’s custodian those materials which the unit member considers inappropriate to be retained. The materials shall be reviewed by the file’s custodian and shall be removed from the file if adequate justification is shown for their removal.
F. In a specific personnel action no use may be made of any material which has not been properly and timely placed in the official personnel file with the exception of recommendations regarding a specific personnel action by reviewing individuals or bodies which shall be placed in the personnel file as soon as a decision is reached in the specific action. In addition, counseling memorandum may be used by the University as documentation of prior discussions to support subsequent personnel actions in the specific area covered by the memorandum for 12 months following the issuance of the letter.
G. The file shall be available to authorized committees and individuals responsible for the review and recommendation of a unit member with respect to any personnel actions.
H. The Association or duly designated representative shall have access to a unit member’s personnel file providing written authorization has been granted by the unit member to the custodian of the files. The Association or the duly designated representative shall be subject to the same rules on access and copying that are applicable to the unit member.
I. The Association agrees to indemnify and hold the Board harmless from and against any liability for any claim of improper, illegal or unauthorized use by the Association, or a duly designated representative, of information contained in the personnel file.
J. If the Association requests material relevant to a grievance that did not accompany the grievance, the University will make a reasonable effort to provide relevant material that is in its possession unless provision of such material is deemed by the University to be violative of its responsibility under 1 MRSA S401-410.
K. Materials relating to a bargaining unit member’s evaluation and any other sensitive information pertaining to a unit member’s employment shall be treated with appropriate safeguards which respect the employee’s privacy. Appropriate safeguards include measures such as envelopes, folders, and secure electronic files.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies 30.01 An Employee shall first be privately brought have the right at any time to the attention have access to and have copies of the employee and, if corrected, shall not be entered into the employee's his/her personnel filefile by making an appointment through Human Resource Services. Upon the employee’s request, a “letter of expectation,” which is not discipline, The Employee may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with have a copy of all evaluative and disciplinary entries into their personnel file and any document in the file.
30.02 An Employee shall be entitled to have their written response included therein. All disciplinary entries, except discharge, dispute the content of documents contained in the employee's personnel file shall state by providing to the corrective action expected Board written notice of the employeedispute, which sets forth the Employee’s opinion of the error or inaccuracy. Upon Such notice shall be part of the Employee’s personnel file.
30.03 Should an Employee dispute the accuracy or completeness of information in the personnel file the Board shall, within fifteen (15) working days from receipt of a written request by the Employee stating the alleged inaccuracy, either confirm, amend or remove the information and shall notify the Employee in writing of its decision including reasons for that decision. Thereafter, derogatory documents stand unless altered or removed as a result of a timely grievance or by virtue of the application of Article 30.05.
30.04 Where Human Resource Services amends or removes such information pursuant to Article 30.02, Human Resource Services shall, at the request of the employeeEmployee, notify all persons who received a written reprimand report based on the inaccurate information.
30.05 In the event that a period of twenty-four (24) calendar months of active employment has elapsed since a derogatory notation was issued to an Employee, such derogatory notation shall be removed from the employee's Employee’s personnel file provided that no further disciplinary action record. For the purpose of this Article, lay-off periods are considered active employment.
30.06 The Board shall keep any medical information in separate files which only may be accessed by appropriate health care professionals and Board/Union representatives involved in matters where medical information is relevant and signed authorization has been taken against provided. An Employee shall have the employee for a period right at any time to have access to and have copies of eighteen (18) months following his/her medical file by making an appointment through the date of appropriate Board Representative and completing the written reprimandrequired form. Upon request of the employee, a written record of a suspension of ten (10) days or less The Employee shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed entitled to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel Union Representation if requested when viewing said file.
Appears in 1 contract
Sources: Collective Agreement
Personnel File. Initial minor infractions, irregularities, There shall be only one (1) official personnel file maintained by the Employer.
A. Every employee shall be allowed to review his personnel file at any reasonable time upon written request made in advance. An employee may also authorize his attorney or deficiencies Union Representative to review the personnel file. Any request to review a personnel file shall first be privately brought made in writing to the attention Employer in advance and review of the employee and, if corrected, file shall be made at any reasonable time in the presence of the Employer’s designated representative. Personnel files shall not be entered into made available for review by anyone, except as provided by law.
B. Within a reasonable time after the employee's request any employee shall be provided copies of documents in his file. The Employer may levy a charge for such copying, which shall bear reasonable relationship to actual cost.
C. If upon examining his personnel file, an employee has reason to believe that there are inaccuracies in documents contained therein, the employee may write a memorandum to the Employer explaining the alleged inaccuracy. Upon If the Employer concurs with the employee’s requestcontentions, he shall remove the faulty document. If the Employer disagrees with the employee’s contention, he shall attach the employee’s memorandum to the document in the file and note thereon his disagreement with the memorandum’s contents.
D. Any employee’s signature on a “letter document shall mean he has seen the document and not that he agrees with its content unless it is so stated on the document.
E. Records of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date documented letters of the “letter of expectation.” An oral reprimand shall not become a part of counseling placed in an employee's ’s personnel file. Investigations which do not result in disciplinary actions file shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and considered in any future disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for proceedings after a period of three (3) years following months, providing the beginning date employee receives no additional dsciplinary actions during that three (3) month period. Records of the documented verbal warnings and written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of reprimands placed in an employee's ’s personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed considered in future disciplinary proceedings after a period of twelve (12) months, providing the employee receives no additional disciplinary actions during the twelve (12) month period. Records of suspensions of less than thirty (30) days shall not be considered in future disciplinary actions after a period of twenty-four (24) months, providing the employee receives no additional disciplinary actions during the twenty-four (24) month period. Records of suspensions of thirty (30) days or more and records of demotions shall not be considered in future disciplinary actions after a period of sixty (60) months, providing the employee receives no additional disciplinary actions during the sixty (60) month period. Upon the request of the employee disciplinary records referred to in this paragraph that have expired shall not be kept in the employee’s personnel file. .
F. In the event a grievance is initiated under Article 9any case in which an action of record has been disaffirmed, the Appointing Authority shall provide a copy of any items from the employee's ’s personnel file upon the request of the shall reflect such findings. If an employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up is subject to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This investigation and does not limitreceive a counseling, restrictreprimand, suspension, demotion or prohibit termination in connection therewith, the Appointing Authority from submitting supportive documentation or testimony, either oral or written, records compiled in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee course of that investigation shall not be placed kept in the employee's ’s personnel file.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractionsA. The District shall maintain an official personnel file for each employee. The file will be maintained in the District Central Office.
B. An employee shall be permitted to review material contained in his/her official file. An employee wishing to access his/her official personnel file shall provide at least a 24-hour advance notice. The District shall remove all pre-employment material from the file prior to review by the employee. A designated District official from the Central Office shall be present during the file review. The file reviewer shall sign and date a form maintained in the personnelfile.
C. The District will honor reasonable requests for a copy of an accessible document in the official file for the employee. The employee may be required to assume a reasonable cost for thecopies.
D. Except for routine file maintenance material, irregularities, or deficiencies the District shall first be privately brought provide an employee with a copy of any document prior to the attention placement of the employee and, if corrected, shall not be entered into document in the employee's personnel official file. Upon The employee will sign and date the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided document verifying that the employee has performed satisfactorily for six (6) months from read the date of the “letter of expectation.” An oral reprimand shall not become document. The employee may submit a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of within ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for of notification of a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be document being placed in the employee’s official personnel file. In the event .
E. Each supervisor or administrator may maintain a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel separate evaluation file upon the request of the for each employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion work site. The evaluation file may consist of, but is not limited to, Professional Development Plans, Professional Growth Plans, technology Appropriate Use Policy forms, evaluation documents, formal classroom observation forms, warnings, notices of the agencyincidents, reprimands, individual leave records, pay-related documents, FMLA documents, resignation letters, requests for transfers, letters of such material shall be without cost commendation, certificates or verifications of professional development, copies of licenses, application forms, resumes, and requests for file review. The evaluation file as described herein is accessible to the employee or Association. Only the employee's personnel file his/her representative upon 24-hour written advance request by theemployee.
F. An employee may be used accompanied by an RRSEU representative while reviewing his/her official file or evaluation file as evidence described in Section E of this Article. The employee may also assign the privilege of reviewing the file to an RRSEU representative provided the employee gives authorization in writing.
G. Documentation related to any disciplinary action pending investigation or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall grievance will not be placed in an employee’s official file until the employee's personnel fileinvestigation or grievance is completed.
Appears in 1 contract
Sources: Negotiated Agreement
Personnel File. Initial minor infractionsA. Each campus shall maintain, irregularitiesfor official University purposes, or deficiencies one (1) official personnel file for each unit member. This file shall first be privately brought kept under conditions that insure its integrity and safekeeping and shall contain copies of personnel forms, official correspondence to and/or from the unit member, written evaluations and other appropriate material relating to the attention unit member’s employment. Unit members shall be informed by the University of the employee and, if corrected, shall not be entered into location of the employee's official personnel file. Upon A supervisor’s personal notes regarding the employee’s request, a “letter counseling memorandum/letters of expectation,” which is not disciplinedirection, may be removed equal opportunity complaints including supporting documentation, and records relating to grievances and/or arbitrations, are specifically excluded from the officia l personnel filefile except as otherwise provided by Article 15, provided that Paragraph E(4). Handling of sensitive documents which are prepared for retention in the employee has performed satisfactorily official personnel file (referenced above) should occur with regard for six (6) months the subject employee’s concern for appropriate privacy and the University’s proper interests. No information or material from the date official personnel file shall be released to any outside person, organizations or institutions without the prior written permission of the “letter unit member. Excluded from this requirement is any release of expectationinformation that is specifically required by statute or governmental regulation, subpoena or other court orders; however, should such information be provided, the bargaining unit member will be timely informed of what specific information is being provided and to whom such information is released, unless such notification is contrary to the statute, regulation, subpoena or court order.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee
B. Unit members shall be furnished with sent a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, material henceforth placed in the employee's personnel file shall state at the corrective action expected of same time as it is placed in the employeefile. Upon request of the employeeAnonymous, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days unattributed or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file inappropriate material shall not be placed in the employee’s file. A unit member shall have the right to submit a written response to any material placed in the personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority This written response shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall then be without cost filed and attached to the employee or Associationappropriate file material. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not Any correspondence addressed to a unit member that is to be placed in the employee's personnel file shall be sent to the unit member “cc: Personnel File.”
C. Unit members shall have the right to examine their file in the presence of the file’s custodian, or that individua l’s designee, during the normal business hours of the office in which the file is kept. A unit member may obtain copies of any material in the personnel file. Access shall be permitted and copying accomplished during the normal business hours of the office in which the file is kept. A unit member whose regular work location is not in the same city or town as the location where her/his personnel file is maintained may request from the file custodian that a paper or electronic copy of the file be sent to the unit member at no cost to enable the unit member to examine the file. The request must be a signed written request or sent from the unit member’s ▇▇▇▇▇.▇▇▇ account. The copy of the file will be sent to a University physical address or a member’s ▇▇▇▇▇.▇▇▇ e-mail address. Such a request may be made no more than once per year. The file custodian will provide the requested copy of the file as soon as practicable and no later than ten (10) business days after the request.
D. Unit members are encouraged to periodically review their file. It shall be the responsibility of each unit member to annually update the personnel file including any relevant professional accomplishments.
E. A unit member may indicate in writing to the file’s custodian those materials which the unit member considers inappropriate to be retained. The materials shall be reviewed by the file’s custodian and shall be removed from the file if adequate justification is shown for their removal.
F. In a specific personnel action no use may be made of any material which has not been properly and timely placed in the official personnel file with the exception of recommendations regarding a specific personnel action by reviewing individua ls or bodies which shall be placed in the personnel file as soon as a decision is reached in the specific action. In addition, counseling memorandum may be used by the University as documentation of prior discussions to support subsequent personnel actions in the specific area covered by the memorandum for 12 months following the issuance of the letter.
G. The file shall be available to authorized committees and individuals responsible for the review and recommendation of a unit member with respect to any personnel actions.
H. The Association or duly designated representative shall have access to a unit member’s personnel file providing written authorization has been granted by the unit member to the custodian of the files. The Association or the duly designated representative shall be subject to the same rules on access and copying that are applicable to the unit member.
I. The Association agrees to indemnify and hold the Board harmless from and against any liability for any claim of improper, illegal or unauthorized use by the Association, or a duly designated representative, of information contained in the personnel file.
J. If the Association requests material relevant to a grievance that did not accompany the grievance, the University will make a reasonable effort to provide relevant material that is in its possession unless provision of such material is deemed by the University to be violative of its responsibility under 1 MRSA S401-410.
K. Materials relating to a bargaining unit member’s evaluation and any other sensitive information pertaining to a unit member’s employment shall be treated with appropriate safeguards which respect the employee’s privacy. Appropriate safeguards include measures such as envelopes, folders, and secure electronic files.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, Section 1. All employees shall have the right to review their personnel files which shall include personnel or deficiencies shall first be privately brought medical files and all similar files that contain personal data upon reasonable request to the attention Chief at such time that the request will not interfere with the orderly operation of the employee and, if corrected, Department. Such request shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter granted within fourteen [14] days of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of written request. Said review shall take place in the “letter presence of expectationthe Chief or his designee.” An oral reprimand
Section 2. Employees shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with receive a copy of all evaluative and disciplinary entries communications that are to be entered into their personnel file files, including personal or medical files and all similar files that contain personal data, and shall be entitled afforded the opportunity to have their written initial such communications prior to entry, except that unsubstantiated civilian complaints innuendos, or communications shall not be placed in the personnel file. Initialing shall not constitute agreement with the item to be placed in the personnel file and failure to initial shall not prevent placement of an item in the file. An officer may place a response included thereinto any item in his/her file if so desired.
Section 3. All disciplinary entrieslanguage, except dischargeas stated in Connecticut General Statutes, in the employee's personnel file Section 31-128a, through Section 31-128h and Section 1-214, shall state the corrective action expected of the employeeapply to this Article.
Section 4. Upon request of the Written and oral reprimands taken against any employee, a written reprimand as well as letters of counseling, shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against file, with application to do so to the employee for a period of eighteen (18) months following the date Records Administrator of the written reprimand. Upon request State of Connecticut, provided the disciplinary reprimands are at least five (5) years old and there is no record of reoccurrence of the employee, a written record same type of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspensioncomplaint. Discipline that becomes eligible for removal, based upon this provision, Such reprimands shall not be used as a basis for in any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request matter after five (5) years and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to such reprimands when between two (2) copies or a digital copyand five (5) years old, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limitfor discipline below the level of arbitration, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee but shall not be placed in used for arbitration provided the Union will not raise at arbitration, any issue pertaining to progressive discipline based on the excluded reprimands and for two (2) years or less, such reprimands may be used for any purpose.
Section 5. No later than five (5) years from the date of said exoneration, an application shall be made to the State Records Administrator for the return of said material to the exonerated employee's personnel file.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions11.01 An employee, irregularities, during the course of his or deficiencies shall first be privately brought to the attention of the employee and, if correctedher employment, shall not be entered into have a right to examine all documents pertaining to him or her in the employee's personnel file. Upon Examination of such a file shall occur at a time convenient to the employee’s request, Society and the Employee and following a “letter of expectation,” which is not discipline, may be removed written request from the personnel file, provided that employee to the employee has performed satisfactorily for six (6) months Executive Director or designate. The review will take place in the presence of a representative of the Society and there will be no right to remove items from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the The employee's personnel file. Each employee , however, shall be furnished with a allowed to copy to make copies of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, documents contained in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall file.
11.02 No document will be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of added to an employee's personnel file shall be disclosed to them upon request and without a copy being sent to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access employee prior to its insertion in the file shall not be with a written indication that it is being placed in the employee’s personnel file. In Article 11.02 does not apply in the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy case of any items from material originating with the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against .
11.03 If an employee shall not responds in writing to any correspondence regarding personnel matters, this response will be placed inserted in the employee's personnel file.
11.04 The Employer shall remove any letter of reprimand, suspension or other disciplinary sanction contained in the employee’s file from the employee’s file after a period of twenty- four (24) months, provided that there has been no subsequent discipline during the twenty- four month period.
11.05 The Society will not rely on or refer to adverse comments on a performance appraisal if subsequent appraisals do not show a continuation of the problem twenty-four (24) months after the occurrence of the original problem.
11.06 An employee who objects to his or her performance appraisal may elect to attach a statement to the document setting out the details of and reasons for the objection.
Appears in 1 contract
Sources: Collective Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies shall first be privately brought to the attention of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy have the right to review the contents of all evaluative and disciplinary entries into their said employee’s personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, with the exception of those stated in the employee's personnel Employee Record’s Act of Illinois and to attach and place therein written reactions to the contents. The employee may review his/her file shall state upon forty-eight (48) hour written advance notice submitted to the corrective action expected of Superintendent or designee during the employee. Upon request of regular business hours established by the employee, Central Office or at a written reprimand shall be removed from time mutually agreeable with the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of Superintendent and the employee. The contents employee shall be given a copy of any document placed in the employee file which contains information critical of an employee's personnel ’s performance, and shall sign the file copy filed as evidence of receipt of the document. Should the employee refuse to sign, the employer may memorialize this refusal by so noting of the document filed. This provision shall be disclosed not apply to them upon request and to any document received from the employee's Association ▇▇▇▇▇▇▇ upon , the written request employee’s agent, or the Association, nor shall this apply to documents tax, insurance, sick leave, or personal leaves usage, or other normal record-keeping documents. This provision shall not preclude discipline of an employee if the employee had actual knowledge of the information. No anonymous material critical of an employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file ’s performance shall not be placed in the employee’s personnel file. In The signature does not indicate agreement with the event a grievance is initiated under Article 9contents of the material. The employee may not remove any material from said file and must review the contents of his/her file in the presence of the Superintendent or designee. This provision has no effect on the right of the Board of Education to conduct investigations into allegations of misconduct, or to disclose the Appointing Authority shall provide results of pending investigations. An employee may request a copy of any items from the employee's his/her personnel file upon except for the request of the employee or the Association, with any copying costs paid in advance by the employee or the Associationmaterial as stated above. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against If an employee requests in writing a copy of his/her file, the Board shall not be placed have within seven (7) days to meet such request. For each page of material copied, the Board shall charge the standard fee for copying. An employee may attach a written response to any material contained in the employee's personnel his/her file.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions11.1 One (1) official personnel file shall be maintained for each employee in an office designated by the President for that purpose. The term "personnel file" as used in this Agreement shall refer to the one (1) official personnel file used in personnel actions. An employee shall normally be sent a copy of any material to be placed in the personnel file at the time of placement. An employee shall be provided with a copy of material which could lead to an adverse personnel action no later than fourteen (14) days after the placement of such material in his/her personnel file.
11.2 An employee shall have the right of access to reports, irregularitiesdocuments, correspondence, and other material officially maintained in his/her campus personnel file.
11.3 An employee may request an appointment for the purpose of inspecting his/her personnel file. Such requested appointments shall be scheduled during normal business hours. The manner of inspection shall be subject to reasonable conditions.
11.4 An employee may be accompanied by a person of his/her choice when inspecting his/her personnel file.
11.5 Following receipt of an employee's written request, the campus shall, within a reasonable period of time established by the campus, provide a copy of all requested material. The employee shall bear the cost of duplicating such materials, except as provided for in Article 10, Grievance Procedure, or deficiencies Article 18, Evaluations, or when such materials have bearing on disciplinary action or corrective action matters.
11.6 If, after examination of his/her records, an employee does not agree with the contents of any material in the file, the employee may submit a written rebuttal. This written rebuttal shall first become part of the employee's personnel file.
11.7 If, after examination of his/her records, an employee believes that any portion of the material is not accurate, relevant, or complete, the employee may request, in writing, correction of the record. Within twenty-one (21) days of an employee's request for correction of the record, the President shall notify the employee in writing of his/her decision regarding the request. If the President denies the request, the President shall state the reason(s) for denial in writing, and this statement shall be privately brought sent to the attention employee. If the President grants the request for correction of the record, the record shall be corrected. The employee andshall be sent a copy of the corrected record and a written statement that the incorrect record in question has been permanently removed from the employee's personnel file.
11.8 Final personnel decisions relating to promotion, if correctedretention, tenure/ permanency for permanent or probationary employees shall be based primarily on material contained in the employee's personnel file and open to the employee's inspection. Final personnel decisions relating to disciplinary actions shall be based primarily on material contained in the employee's personnel file and open to the employee's inspection.
11.9 If a personnel decision as referenced in provision 11.8 above must be based on information not contained in the employee's personnel file, that information shall be entered into committed to writing and this written statement shall be a part of the employee's personnel file. An employee may request the effective date of any pending personnel action based on such information be extended by the appropriate administrator to allow the employee to utilize procedures outlined in provisions 11.6 and 11.7 of this Article. The appropriate administrator shall respond in writing. Such a request shall not be unreasonably denied.
11.10 Materials submitted by an employee during a performance evaluation shall be deemed incorporated by reference in the official personnel file, but need not be physically placed in the file. An index of such materials shall be prepared by the employee and submitted with the materials. Such an index shall be permanently placed in the personnel file. Materials incorporated by reference in this manner shall be considered part of the personnel file for the actions set forth in provision 11.8 of this Article. Upon the employee’s requestcompletion of a performance evaluation, a “letter of expectation,” which is not discipline, indexed materials may be removed from returned to the employee.
11.11 No one shall have access to pre-employment materials in the personnel file, provided that except when such access is required pursuant to the Information Practices Act of 1977 or when such material may have an effect on a personnel action under consideration.
11.12 Attendance and payroll records maintained separately from the personnel file may be reviewed by the employee has performed satisfactorily for six (6) months within a reasonable period of time after the request is made. Such attendance and payroll records shall be excluded from the date provisions of the “letter of expectationArticle 11, Personnel File.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into
11.13 Upon the employee's personnel file. Each employee shall be furnished with request, a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, reprimand in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be permanently removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following from its effective date. If a notice of disciplinary action has been served on the beginning date of employee and such a reprimand is related to the written suspension. Discipline that becomes eligible for removaldisciplinary action, based upon this provision, provision shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's implemented.
11.14 Employees' personnel file files shall be disclosed held in confidence and shall be subject to them upon request and inspection only by persons with official business.
11.15 The classification/reclassification of a position to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file which an employee is assigned shall not be placed considered a personnel decision as defined in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel fileprovision 11.8 above.
Appears in 1 contract
Sources: Union Contract
Personnel File. Initial minor infractions
A. Each campus shall maintain, irregularitiesfor official University purposes, or deficiencies one (1) official personnel file for each unit member. This file shall first be privately brought kept under conditions that insure its integrity and safekeeping and shall contain copies of personnel forms, official correspondence to and/or from the unit member, written evaluations and other appropriate material relating to the attention unit member’s employment. Unit members shall be informed by the University of the employee and, if corrected, shall not be entered into location of the employee's official personnel file. Upon A supervisor’s personal notes regarding the employee’s request, a “letter counseling memorandum/letters of expectation,” which is not disciplinedirection, may be removed equal opportunity complaints including supporting documentation, and records relating to grievances and/or arbitrations, are specifically excluded from the official personnel filefile except as otherwise provided by Article 15, provided that Paragraph E(4). Handling of sensitive documents which are prepared for retention in the employee has performed satisfactorily official personnel file (referenced above) should occur with regard for six (6) months the subject employee’s concern for appropriate privacy and the University’s proper interests. No information or material from the date official personnel file shall be released to any outside person, organizations or institutions without the prior written permission of the “letter unit member. Excluded from this requirement is any release of expectationinformation that is specifically required by statute or governmental regulation, subpoena or other court orders; however, should such information be provided, the bargaining unit member will be timely informed of what specific information is being provided and to whom such information is released, unless such notification is contrary to the statute, regulation, subpoena or court order.” An oral reprimand shall not become a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee
B. Unit members shall be furnished with sent a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, material henceforth placed in the employee's personnel file shall state at the corrective action expected of same time as it is placed in the employeefile. Upon request of the employeeAnonymous, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days unattributed or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file inappropriate material shall not be placed in the employee’s file. A unit member shall have the right to submit a written response to any material placed in the personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority This written response shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall then be without cost filed and attached to the employee or Associationappropriate file material. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not Any correspondence addressed to a unit member that is to be placed in the employee's personnel file shall be sent to the unit member “cc: Personnel File.”
C. Unit members shall have the right to examine their file in the presence of the file’s custodian, or that individual’s designee, during the normal business hours of the office in which the file is kept. A unit member may obtain copies of any material in the personnel file. Access shall be permitted and copying accomplished during the normal business hours of the office in which the file is kept. A unit member whose regular work location is not in the same city or town as the location where her/his personnel file is maintained may request from the file custodian that a paper or electronic copy of the file be sent to the unit member at no cost to enable the unit member to examine the file. The request must be a signed written request or sent from the unit member’s ▇▇▇▇▇.▇▇▇ account. The copy of the file will be sent to a University physical address or a member’s ▇▇▇▇▇.▇▇▇ e-mail address. Such a request may be made no more than once per year. The file custodian will provide the requested copy of the file as soon as practicable and no later than ten (10) business days after the request.
D. Unit members are encouraged to periodically review their file. It shall be the responsibility of each unit member to annually update the personnel file including any relevant professional accomplishments.
E. A unit member may indicate in writing to the file’s custodian those materials which the unit member considers inappropriate to be retained. The materials shall be reviewed by the file’s custodian and shall be removed from the file if adequate justification is shown for their removal.
F. In a specific personnel action no use may be made of any material which has not been properly and timely placed in the official personnel file with the exception of recommendations regarding a specific personnel action by reviewing individuals or bodies which shall be placed in the personnel file as soon as a decision is reached in the specific action. In addition, counseling memorandum may be used by the University as documentation of prior discussions to support subsequent personnel actions in the specific area covered by the memorandum for 12 months following the issuance of the letter.
G. The file shall be available to authorized committees and individuals responsible for the review and recommendation of a unit member with respect to any personnel actions.
H. The Association or duly designated representative shall have access to a unit member’s personnel file providing written authorization has been granted by the unit member to the custodian of the files. The Association or the duly designated representative shall be subject to the same rules on access and copying that are applicable to the unit member.
I. The Association agrees to indemnify and hold the Board harmless from and against any liability for any claim of improper, illegal or unauthorized use by the Association, or a duly designated representative, of information contained in the personnel file.
J. If the Association requests material relevant to a grievance that did not accompany the grievance, the University will make a reasonable effort to provide relevant material that is in its possession unless provision of such material is deemed by the University to be violative of its responsibility under 1 MRSA S401-410.
K. Materials relating to a bargaining unit member’s evaluation and any other sensitive information pertaining to a unit member’s employment shall be treated with appropriate safeguards which respect the employee’s privacy. Appropriate safeguards include measures such as envelopes, folders, and secure electronic files.
Appears in 1 contract
Sources: Employment Agreement
Personnel File. Initial minor infractionsSection 23.1. Each employee shall have the right, irregularitiesupon request, or deficiencies shall first be privately brought to the attention review and obtain, at his/her own expense, copies of the employee and, if corrected, shall not be entered into the employee's personnel file. Upon the employee’s request, a “letter contents of expectation,” which is not discipline, may be removed from the his/her personnel file, provided that the employee has performed satisfactorily for six (6) months from exclusive of materials received prior to the date of his/her employment by the “letter of expectationCity. There shall be only one personnel file and it shall be maintained by the City Manager or his/her designee.” An oral reprimand shall not become a part of
Section 23.2. When an item is placed in an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority City shall at that time provide a copy of the item to the employee. An employee may respond to any items from item placed in his/her personnel file and the employee's personnel file upon the request response shall become a part of the employee or the Association, with any copying costs paid in advance by the employee or the Associationfile. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material All formal disciplinary actions shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed recorded in the employee's personnel file.
Section 23.3. All employment inquiries from prospective employers of current employees shall be referred to the Human Resources Department for a response unless otherwise requested by the employee.
Section 23.4. A written reprimand shall be considered to have been expunged at the end of eighteen (18) months from the time the written reprimand was dated, provided there is no subsequent related reprimand or disciplinary action taken during the intervening period of time. Documents related to violation of the Drug and Alcohol Policy shall be retained for twenty- four (24) months but shall be considered to have been expunged after twenty- four (24) months absent a further violation. All other disciplinary documents, upon the request of the employee, shall be expunged from the employee’s personnel file at the end of three (3) years from the date of the disciplinary action, provided no other disciplinary action has been taken; in which case, the documents shall be considered to have been expunged three (3) years from the most recent disciplinary action.
Section 23.5. Documents expunged pursuant to Section 23.4, shall be sealed in an envelope and not physically destroyed to comply with the Oregon Public Records Law. Such documents will be maintained by the Human Resources Department. Except as set forth below, such documents will not be used against an employee for the purpose of progressive discipline, but may be used in any civil proceedings. The City may also use such documents in arbitration proceedings only if the union uses the argument that the City failed to be consistent in its disciplinary actions, lax enforcement of rules, make the employee aware of the policy or standard in question, or if the City discriminated against the employee. The City may also use such documents to show compliance with legal obligations if the Union claims non-compliance with a legal obligation. The Union will have equal access, upon request, to these files for the same purposes.
Section 23.6. Where a performance evaluation contains direct references to disciplinary actions which have been expunged, pursuant to Section 23.4, such references shall be removed, at the same time intervals, from the evaluation upon request of the employee provided that the employee has the evaluation retyped at his/her own expense. The original evaluation shall be sealed and maintained as provided in Section 23.5.
Section 23.7. Any materials maintained by a supervisor or manager regarding an employee shall be dated and may be viewed by an employee at his/her request.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Personnel File. Initial minor infractions, irregularities, or deficiencies A. The District shall first maintain an official personnel file for each employee. The file will be privately brought maintained in the District Central Office.
B. An employee shall be permitted to review material contained in his/her official file. An employee wishing to access his/her official personnel file shall provide at least a 24-hour advance notice. The District shall remove all pre- employment material from the attention of the employee and, if corrected, shall not be entered into file prior to review by the employee's personnel file. Upon A designated District official from the employee’s request, Central Office shall be present during the file review. The file reviewer shall sign and date a “letter of expectation,” which is not discipline, may be removed from form maintained in the personnel file.
C. The District will honor reasonable requests for a copy of an accessible document in the official file for the employee. The employee may be required to assume a reasonable cost for the copies.
D. Except for routine file maintenance material, provided the District shall provide an employee with a copy of any document prior to the placement of the document in the official file. The employee will sign and date the document verifying that the employee has performed satisfactorily for six (6) months from read the date of the “letter of expectation.” An oral reprimand shall not become document. The employee may submit a part of an employee's personnel file. Investigations which do not result in disciplinary actions shall not be entered into the employee's personnel file. Each employee shall be furnished with a copy of all evaluative and disciplinary entries into their personnel file and shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected of the employee. Upon request of the employee, a written reprimand shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of within ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for of notification of a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be document being placed in the employee’s official personnel file. In the event .
E. Each supervisor or administrator may maintain a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel separate evaluation file upon the request of the for each employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion work site. The evaluation file may consist of, but is not limited to, Professional Development Plans, Professional Growth Plans, technology Appropriate Use Policy forms, evaluation documents, formal classroom observation forms, warnings, notices of the agencyincidents, reprimands, individual leave records, pay-related documents, FMLA documents, resignation letters, requests for transfers, letters of such material shall be without cost commendation, certificates or verifications of professional development, copies of licenses, application forms, resumes, and requests for file review. The evaluation file as described herein is accessible to the employee or Association. Only his/her representative upon 24-hour written advance request by the employee's personnel file .
F. An employee may be used accompanied by an RRSEU representative while reviewing his/her official file or evaluation file as evidence described in Section E of this Article. The employee may also assign the privilege of reviewing the file to an RRSEU representative provided the employee gives authorization in writing.
G. Documentation related to any disciplinary action pending investigation or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall grievance will not be placed in an employee’s official file until the employee's personnel fileinvestigation or grievance is completed.
Appears in 1 contract
Sources: Negotiated Agreement
Personnel File. Initial minor infractions5.1 An official file shall be maintained in the administrative office. Unofficial working files may be maintained in the office of each principal. All stipulations in this article shall apply to both personnel files.
5.2 Material that adversely affects a teacher's employment status may not be placed in the teacher's official file until the teacher has had the opportunity to read the material and to sign and date the actual copy to be filed indicating that the teacher has seen the material and knows that it will be placed in the file. The teacher shall receive a copy of the material, irregularitiesat no cost to the teacher, at the time of filing. The teacher may, within ten (10) days, affix a written response to the material.
5.3 A teacher, or deficiencies shall first be privately brought to upon written authorization, the attention teacher's designee, may review the non-confidential contents of the employee andteacher's official file during normal business hours, if corrected, but not during the duty time of the teacher or designee. The teacher is entitled to receive a copy of any documents contained therein.
5.4 Any allegation or anonymous charge which is unproven through a thorough documented investigation shall not be entered into the employeeplaced in a teacher's personnel official file. Upon the employee’s request, a “letter of expectation,” which is not discipline, may be removed from the personnel file, provided that the employee has performed satisfactorily for six (6) months from the date of the “letter of expectation.” An oral reprimand shall not become a part of
5.5 Access to an employee's personnel file. Investigations which do not result in disciplinary actions shall not files will be entered into as follows: the employee or the employee's designee, district employees who have a need to review the files in order to complete a job responsibility, members of the Board of Education, and other persons as required by law or by State Board Regulations. All personnel filefile examinations shall take place in the Superintendent's office or in the principal's office. Each employee Such examinations shall be furnished with a copy under the supervision of all evaluative and disciplinary entries into their the Superintendent or the building principal. Copies of any material in the personnel file and files shall be entitled to have their written response included therein. All disciplinary entries, except discharge, in the employee's personnel file shall state the corrective action expected made only after notification of the employee. Upon request No notification will be made if sent to the Attorney of District. Amended 5-2012
5.6 The district shall keep logs indicating the employeepersons who examine a personnel file and an evaluation file as well as the dates such examinations were made. Such logs shall be available for examination by the employee or his/her authorized Association representative.
5.7 Hearsay, a written reprimand false, or unverified material shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of eighteen (18) months following the date of the written reprimand. Upon request of the employee, a written record of a suspension of ten (10) days or less shall be removed from the employee's personnel file provided that no further disciplinary action has been taken against the employee for a period of three (3) years following the beginning date of the written suspension. Discipline that becomes eligible for removal, based upon this provision, shall not be used as a basis for any subsequent discipline of the employee. The contents of an employee's personnel file shall be disclosed to them upon request and to the employee's Association ▇▇▇▇▇▇▇ upon the written request of the employee. The written request authorizing the Association ▇▇▇▇▇▇▇ access to the file shall not be placed in the employee’s personnel file. In the event a grievance is initiated under Article 9, the Appointing Authority shall provide a copy of any items from the employee's personnel file upon the request of the employee or the Association, with any copying costs paid in advance by the employee or the Association. However, up to two (2) copies or a digital copy, at the discretion of the agency, of such material shall be without cost to the employee or Association. Only the employee's personnel file may be used as evidence in any disciplinary action or hearing. This does not limit, restrict, or prohibit the Appointing Authority from submitting supportive documentation or testimony, either oral or written, in any disciplinary hearing, nor does it so limit the Association. Documentation regarding wage garnishment action against an employee shall not be placed in the employee's personnel file.
Appears in 1 contract
Sources: Negotiated Agreement