Common use of Personnel Files Clause in Contracts

Personnel Files. (a) There shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There shall be one (1) official District 6.1 A single central personnel file for each employee. The material employee in the official District personnel file unit shall be considered and used as the only official personnel record of maintained in the District in any proceeding affecting the status of the employee’s employment with the DistrictHuman Resources Department. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) 6.2 Any item to be placed in the central file shall must be clearly identified as to its source or originator source, author, date of preparation, and its date of receipt by the District. Each item, its content or by other appropriate means, shall contain an indication that the employee initiated placement of the document in the file, or previously received a copy of the document, or otherwise received notice that the document was to be placed in such file. The foregoing requirements for notification shall not be applicable to documents defined as confidential under federal or state statutes. The date a document is stamped as received by the District Human Resources Department shall be considered to be the date of its placement in the central personnel file. (f) 6.3 An employee covered by this Agreement, or an SEIU representative possessing written authorization from such employee to examine such employee's central personnel file, shall have access to such personnel file of such employee by appointment during regular business hours of the District. The employee may examine such file during a period when he/she is not actually required to render services to the District, or at such other mutually convenient time as the District and the employee shall jointly establish, including appointments for employees at outlying work sites. Once per fiscal year, the employee may have up to one hour of release time for the purposes of this paragraph. The employee or authorized Union representative may obtain copies of materials and documents contained in the file. Release of such material requires written consent of the employee. 6.4 An employee may inspect and reply to any item in his/her personnel file and this response shall be attached to the item. Information of a derogatory nature, except that listed under subsection (b) of this Section, nature shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make his/her own written commentsreview, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hourswith reasonable release time for such review, and the affected employee shall be released from duty for this purpose, if necessary, without salary reductionright to reply to such information. (g) When 6.5 Any document that is placed in an employee requestsemployee's personnel file in a manner that violates the provisions of this article shall not be used to directly or indirectly initiate any adverse action against such employee. 6.6 All persons, the District will seal, in the including an employee’s 's supervisor and those considering employees for hiring or advancement opportunities examining a personnel file shall sign and date a log attached to each personnel file, . Employees shall also receive written notice of this examination of her/his personnel file. 6.7 Negative information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in sealed as part of a disciplinary process without prior knowledge of settlement arising from a grievance or other administrative procedure mutually agreed to by SEIU and receipt of copies by the employeeChancellor or Chancellor's designee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must Access to such sealed material shall be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided limited to the employee prior and the Chancellor or Chancellor's designee. Negative materials which have given rise to a grievance shall be tentatively placed in the commencement employee's personnel file but will not become a permanent record until the grievance has been resolved. 6.8 An employee’s request that information pertaining to a disciplinary action be sealed after twenty-four (24) months from imposition shall be granted, provided there has been no other disciplinary documentation in the file in that time period. Such sealed material may be reopened and used at the discretion of disciplinary actionthe Chancellor or Vice Chancellor, Human Resources.

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) Section 1. There shall be one (1) official District personnel file for each professional employee. The material in the official District personnel file shall be considered and used as the only contents of a professional employee’s official personnel record of the District in any proceeding affecting the status of the employee’s file, excluding pre-employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratingsinformation, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only for examination by the professional employee. Such examination shall be at the location where the official personnel file is maintained and shall be conducted in the presence of the human resource officer or his/her designee during regular office work hours and provided that there shall be no undue interference with the normal routine of the office. During such examination, material shall not be removed from or added to specifically designated personsthe folder nor shall its contents be altered in any way. No other party A professional employee, if he/she so desires, shall be entitled to have access a representative with him/her while reviewing his/her own file. If there is any disagreement as to an employee’s the contents of the official personnel file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An professional employee or designated representative of ECCE shall have the right to inspect the file except as provided submit a statement concerning any material in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in file and any such statement shall then become part of the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s official personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the A professional employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must will be given a copy of such material any letter of discipline which is placed in a timely manner relative the official personnel file. Section 2. A designated SCUPA representative shall have the right to review the official personnel file for professional employees provided the professional employee has given his/her express written approval. Such examination by the designated SCUPA representative shall be at the location where the official personnel file is maintained and shall be conducted in the presence of the human resource officer or his/her designee during regular office work hours and provided further that there shall be no undue interference with the normal routine of the office. Section 3. A professional employee shall be notified in the event his/her official personnel file is subpoenaed in accordance with law. Section 4. In addition to the specific incident professional employee, only the President of the university or concern. The ▇▇▇▇, Director, Manager or Supervisor his/her designee(s) shall not use materials or information which have not been previously provided access to the employee prior to official personnel file, without the commencement express written approval of disciplinary actionthe professional employee.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There 21.1 The Teacher's Personnel Files shall be one (1) official maintained in the District Human Resources Office. Personnel Files are all files that are kept at the District Human Resources Office including, but not limited to, paper files and electronic data files. 21.2 In accordance with Section 44031 of the Education Code, materials in a Teacher's personnel file which may serve as a basis for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s his/her employment with the District. (b) The material in the file shall are to be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and Teacher involved, at a time when such employee person is not otherwise actually required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information 21.3 Documents of a derogatory nature, except that listed under subsection (b) of this Section, nature shall not be entered or filed unless and until for ten (10) working days in order to provide the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter Teacher with notice and an opportunity to make his/her own written comments, which will review the material and comment thereon. The Teacher's response shall be placed in the file permanently attached to the derogatory original document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments review of this material shall take place during normal business hours, and the affected employee Teacher shall be released from duty for this purpose, if necessary, purpose without salary reduction. Whenever possible, released time for this inspection should be provided during non-instructional time. Any person may enter into his/her file a comment on any material therein with no time limitation. (g) When an employee requests, the District will seal, 21.3.1 Copies of all derogatory materials must be included in the employee’s personnel fileTeacher's file before they can be used in any disciplinary action against the Teacher. 21.3.2 Derogatory materials received by the administration, information related not covered by Article XVII, Citizen Complaints, which might be placed in the Teacher's Personnel File, shall not be placed in the file until after an investigation has been conducted. If such material is to disciplinary matters be placed in a Teacher's Personnel File, it shall be done within a reasonable period of time after the investigation has been conducted. 21.3.2.1 Any such derogatory material which has existed is determined to be erroneous by the administration shall not be placed in the personnel file for two (2) years or morefile. 21.4 Teachers shall have the right to authorize, in writing, a representative to examine their personnel files and obtain copies of items with the file. The District may unseal and review such material in the event it otherwise determines that discipline assess a charge of the employee is appropriatefive cents (5) per page. (h) 21.5 Derogatory materials placed in a Teacher's Personnel File shall be signed and dated by the supervisor responsible for its origination. 21.6 Access to personnel files shall be limited to District management representatives and Human Resource office employees on a need-to-know basis as determined by the Assistant Superintendent, Human Resources. The contents of all personnel files shall be kept confidential. 21.7 The Human Resources Office maintains shall maintain a log indicating the only official person(s)who have checked out a personnel file and the date(s) such requests were made. Such logs shall be available for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies examination by the employeeTeacher or Association representative if so authorized in writing by the affected Teacher. If This provision shall not be applicable to Human Resources Office employees who access personnel files during the normal course of their duties or the Teacher's immediate supervisor. 21.8 Good personnel practice dictates that notice of a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must serious concern shall be given a copy of such material in a timely manner relative conveyed to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to involved Teacher by the employee prior to the commencement immediate supervisor within a reasonable period of disciplinary actiontime.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect view the file contents of his/her personnel file, except as provided in subsection (b) for previous employment data, references, and letters of this Section upon written request recommendation, at which time a representative of the Association may be present when requested by the employee. At the employee's request and expense, the employee will receive a copy of any document in the employee's file except for previous employment data, references, and letters of recommendation. The review Superintendent shall establish and maintain one (1) personnel file. There shall not be made during normal business hours an electronic filing of personnel files. The employee shall have the right to dispute the accuracy, relevance, completeness, or timeliness of information contained in his/her file. The Superintendent must make an immediate investigation as to the appropriateness of the disputed information and at a time when such immediately notify the employee of the results of the investigation and the action to be taken. If the employee is not otherwise required to render service satisfied with the results of the investigation, the employee may attach a statement to the District unless mutually agreeable to disputed document. An employee may request the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date removal of receipt by the District. (f) Information records of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make disciplinary actions and/or complaints from his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for after two (2) years have elapsed since the original placement of the item in the file on the basis that the employee has not exhibited behavior that is the same or moresimilar to that behavior referenced in the record to be considered for removal. The District may unseal request must be in writing and will be acted on within ten (10) days of receipt by the Superintendent. If review such material shows that the facts bear out the employee's request, the item will be removed. Records involving work place violence or abuse, discrimination or harassment, or drug or alcohol use shall not be subject to removal as set forth above (i.e., they will remain in the event it otherwise determines that discipline personnel file). There will be a "chain of command" for all Bargaining Unit Members. Such a list shall be in writing, communicated to all support staff, and posted appropriately in designated areas. Neither custodial personnel nor any other Bargaining Unit Member shall be required to maintain, clean, or repair personal property (i.e., furniture, appliances, carpet [except routine sweeping], animals, or plants) of any Columbiana Exempted Village staff member. It shall be the responsibility of building administrators to notify building employees regarding this section of the employee is appropriate. (h) agreement. The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may main offices and libraries shall not be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionas detention rooms.

Appears in 4 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Personnel Files. (a) There 12.1 Records relating to the employment of faculty members shall be one (1) official District maintained in individual personnel file for each employee. The material files located in the official District Office of Human Resources. 12.2 Materials in personnel file shall be considered and used files of faculty members which may serve as the only official personnel record of the District in any proceeding a basis for affecting the status of the employee’s their employment with the District. (b) The material in the file shall are to be made available for the inspection of the employee person involved. 12.3 Faculty members shall not be entitled to whom the file pertains except review ratings, reports or records which which (a) were (1) obtained prior to the employment of the employeeperson involved, (2b) were prepared by identifiable members of the screening examination committee involved in selectionmembers, or (3c) were obtained in connection with a promotional evaluationexamination. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE 12.4 Faculty members shall have the right to inspect examine and/or obtain copies of any materials contained in the personnel file except as upon request, provided in subsection (b) of this Section upon written the request by the employee. The review shall be is made during normal business hours and at a time when such employee person is not otherwise actually required to render service services to the District unless mutually agreeable and the Office of Human Resources is open for official business. 12.5 No person shall have access to faculty member's confidential personnel file except when actually necessary in the proper administration of the District's affairs, including, but not limited to the employee supervision of the employee, or when compelled by law. The Vice President of Human Resources and Risk Management shall maintain in each file a log showing the date access to each file was granted and the employee’s ▇▇▇▇, Director or Managersignature of the person to whom access was granted. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) 12.6 Information of a derogatory nature, except that the items listed under subsection (b) of this Sectionin 12.3 above, shall not be entered or filed unless and until the employee faculty member is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make his/her own written commentsreview and comment thereon. Faculty members shall have the right to have such comments entered and attached to any such derogatory statement. Faculty members shall have the right to grievance procedures for the purpose of having false, which erroneous or detrimental information rectified or expunged. Faculty members shall have the right to grieve the content of evaluations through the third step of the Dispute Settlement Procedure only. 12.7 No anonymous material will be placed in a personnel file. 12.8 The exclusive bargaining representatives may have access to a unit member's personnel file only with the file attached to specific written authorization of the derogatory documentmember. Such written comments authorization shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and entered into the affected employee shall be released from duty for this purpose, if necessary, without salary reductionfile on each occasion. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 4 contracts

Sources: Master Contract, Master Contract, Master Contract

Personnel Files. (a) There shall be A. The Board agrees to maintain one (1) official District personnel file which will be located at the Board of Education office building. B. All materials placed in the employee’s personnel file after initial employment, other than confidential letters of reference and any medical documentation, shall be available for each inspection by that employee during regular business hours of the Board of Education office. C. If possible, said file inspection shall take place within one (1) calendar day of the request to the Superintendent/Designee, but no later than five (5) calendar days (excluding Saturdays, Sundays, and holidays) of the request unless mutually extended by the Superintendent/Designee and the employee. D. Any employee who elects to review material in his/her file may be accompanied by a representative of his/her choice. An employee will be notified about any public record request submitted by a third party (non-supervisory employees or others outside the District) including the name of the person(s) seeking to review the employee’s personnel file. The employee will be notified at least three (3) working days prior to the file review unless the Board is legally obligated to make the file accessible within a shorter timeframe. In that event, the employee will be notified as soon as practicable prior to the file review. E. All material placed in the official District an employee’s personnel file shall be considered dated. F. The initialing and/or signing of any material by the employee, including any and used as all observation and evaluation forms, is merely an acknowledgment of having seen the only official personnel record of the District material and does not necessarily indicate agreement or disagreement. G. No material shall be placed in any proceeding affecting the status of the employee’s employment file that comes from an anonymous source. H. Any adverse material and/or parental complaints shall not become a part of the official personnel file or be used in disciplinary decisions unless shared with the District. (b) The material in the file shall be made available for the inspection of employee and signed and dated by the employee to whom or, where the file pertains except ratingsemployee is not available, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared employee will be sent a copy by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access certified mail to the employee’s file by any person not assigned to home address. Unless the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to available, such materials/complaints will be verbally discussed with the employee and before being placed in the employee’s ▇▇▇▇, Director or Managerofficial personnel file. I. Each employee shall be provided with copies of any adverse materials within ten (e10) calendar days after receipt and before placement in the file. Any item to adverse materials shall be placed in the employee’s file within fifteen (15) working days of receipt. The employee shall be clearly identified as have the opportunity to its source or originator and its date reply in writing to the adverse material within ten (10) days after receipt of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document such material and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make reply shall be placed in his/her own written commentsfile along with the adverse material. Any adverse material, which will other than those related to situations involving students, shall be placed removed after seven (7) years at the employee’s request if the actions or behaviors noted in the file attached adverse material have not recurred within the seven (7) year period. Any adverse materials related to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District interactions or conduct with students will seal, remain in the employee’s personnel file, information related . Unsubstantiated complaints will be in a separate investigative file. J. In addition to disciplinary matters which has existed in the one official personnel file for two (2) years or morelocated at the Board of Education office building, a building administrator and/or supervisor may maintain a working file that contains documentation relevant to an employee’s performance. The District may unseal and review such material By June 30th of each school year in the event it otherwise determines that discipline of which the employee is appropriate. (h) The Human Resources Office maintains formally evaluated, the only information contained in the working file will either be placed in the official personnel file for each employeeor expunged. Departments/Divisions may keep This does not preclude a building administrator and/or supervisor from maintaining an extra copy of documents placed in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action’s official personnel file.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) A. The District shall not base any adverse action against a full-time faculty member upon materials which are not contained in the full-time faculty member’s personnel file. B. There shall be only one (1) official District personnel file for each employeefull-time faculty member. The material Superintendent/President or the Superintendent/President’s designee and the full-time faculty member shall have full access to the file, except that the full-time faculty member shall not be shown any document submitted in confidence prior to employment in any position at the College. A representative of the Association shall have access to said file with the full-time faculty member’s written non-continuing authorization. A log shall be kept in each personnel file indicating the name of each person inspecting the file and the date of said inspection, with the exception of routine clerical transactions. C. The information in the official District personnel file shall not be considered released to anyone other than the authorized persons listed above except as provided by law, nor shall copies of any documents in said file be made without the full-time faculty member’s written non- continuing consent or as permitted by law. Any material placed in a full-time faculty member’s personnel file must be signed and used as dated by the only official personnel record originator/author (Education Code 87031) within ten days of knowledge of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in alleged offense and a copy identified as going into the file shall be made available for given to the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained full-time faculty member prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved original being placed in selection, or (3) obtained in connection with a promotional evaluationsaid file. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE D. A full-time faculty member shall have the right to inspect the file except as provided an answer to any material submitted for inclusion in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will file and such answer shall be placed in the file attached to the derogatory documentfile copy. Such written comments A full-time faculty member who presents any evidence that information in his/her file is false or erroneous shall have the right to a hearing before a fact-finding committee for the purpose of having such information verified. The committee will rule whether the material shall be submitted within five (5) working daysretained, rectified or expunged. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee This committee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for composed of: two (2) years or more. The District may unseal and review such material in faculty members selected by the event it otherwise determines that discipline President of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.faculty Association; two

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employeefaculty member shall be maintained by the District, and that file shall be located at the District headquarters. Departments/Divisions This paragraph, however, shall not preclude the maintenance of operational files of faculty by their respective unit administrators and all lawful payroll records by the business office. The operational files shall not contain faculty medical information and shall not be used to initiate disciplinary proceedings. Only the HR Employee Services office staff, the individual faculty member, the immediate unit administrator, the appropriate vice president, the college president, and the District Chancellor shall have access to the file. All parties having access to the file shall exercise great care to protect the confidentiality of materials in the file. Faculty may keep in general files notesreview the contents of their own personnel file by appointment with the District HR Employee Services office. Upon the faculty member's request, annotate calendars, maintain copies a representative of correspondence, and/or maintain copies of unacceptable work products. However, none of these the AFT may be used in a disciplinary process without prior knowledge of and receipt of copies by present when the employeefile is being reviewed. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which Information may lead to, or is intended for use be placed in the disciplinary processpersonnel file only after a copy has been provided to the faculty member and only after opportunity of at least one (1) calendar week has been provided to sign and date the material and to attach any written response or other documents related to the information in question. The faculty member's signature shall be deemed only an acknowledgment that he or she has seen the material and has been provided such opportunity to respond. The signature shall not signify that the faculty member necessarily agrees with the content of the material. Placement of information in the personnel file must be made within thirty (30) calendar days from the date that the faculty was given the opportunity to sign. Except in extraordinary, emergency situations, no action may be taken against a faculty member unless such action is based on materials that have been placed properly in the employee must personnel file. Faculty shall be given a copy of such material in a timely manner relative to any employment notice affecting their employment status. At any time upon mutual agreement between the specific incident or concern. The ▇▇▇▇District and the faculty member, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to any document will be removed immediately from the employee prior to the commencement of disciplinary actionDistrict personnel file.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There shall be one (1) official District personnel file for each employee. The material in the official 10.1 A District personnel file shall be considered and used maintained in the Personnel Office for every bargaining unit member of the District. These files are the property of the District. 10.2 All materials made a part of the file shall be dated for date of incident, date of origin or composition, as well as the only official date material is received for the personnel record file. Such material shall also be signed by the originator of the District material. 10.3 No reports or material of any kind relating to matters which were reported more than thirty (30) calendar days prior to their being called to the attention of the bargaining unit member shall be included in the file; neither may they be used in any proceeding against the bargaining unit member. 10.4 Material in personnel files of bargaining unit members, which may serve as a basis for affecting the status of the employee’s employment with the District. (b) The material in the file shall is to be made available upon request for the inspection of the employee to whom affected bargaining unit member. The bargaining unit member may not inspect the file pertains except ratings, reports or records which were (1) material obtained prior to the employment of the employeeemployment, (2) material prepared by identifiable members of the screening examination committee involved in selectionmembers, or (3) material obtained in connection with a promotional evaluationexamination. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file10.5 Except as stipulated in Section 10.4 above, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information information of a derogatory nature, except that listed under subsection (b) of this Section, nature shall not be entered or filed in any personnel record unless and until the employee is bargaining unit members are given a copy of notice and opportunities to preview and comment on the document material. Bargaining unit members shall have the right to enter, and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to any derogatory statements, comments with regard to the derogatory documentinformation for inclusion in a file. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments A review shall take place during normal business hours, hours and the affected employee bargaining unit members shall be released from duty for this purpose, if necessary, purpose without salary reduction. (g) When an employee requestsdeduction. In no case shall release from duty interfere with the regular instructional program. In addition, bargaining unit members must be informed specifically through written communication by the District will seal, supervisors or persons initiating the placement of derogatory material in the employee’s personnel file, information related to disciplinary matters which has existed file of the following: (1) the date that the material was sent for inclusion in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.file; and

Appears in 3 contracts

Sources: Master Contract, Master Contract, Master Contract

Personnel Files. (a) There ‌ 17.1 “Personnel File” shall be one defined as information (1including reports, documents, correspondence and other materials in their entirety or redacted portions) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the either paper or electronic format pertaining exclusively to a bargaining unit employee’s employment in the bargaining unit, including employment at the campus during previous appointments in the bargaining unit. Materials related to bargaining unit employee’s coursework, pre-employment materials, campus police records and campus medical records shall not be considered part of the personnel file. Pre-employment materials shall be limited to materials that are part of the recruitment and hiring process with the Districtexception of the application form. (b) The material in the file shall be made available for the inspection of the 17.2 A bargaining unit employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect access all materials in the bargaining unit employee’s personnel file. The personnel file shall be held in confidence. Access to a personnel file shall be limited to persons with official business. The custodian shall log all instances of access to a personnel file. 17.3 The University shall designate the location and the custodian of the file except with whom bargaining unit employees or their designated representatives may request access to the bargaining unit employees’ personnel file(s). 17.4 A bargaining unit employee may authorize in writing representatives to review her/his employment file(s). The authorization shall be valid for the period designated in the written authorization or, if no time period is designated, for no more than thirty (30) calendar days. 17.5 The University shall endeavor to provide a bargaining unit employee or her/his representative access to or a copy of the bargaining unit employee’s employment file(s) as provided soon as practicable, but no later than fourteen (14) calendar days, following the University’s receipt of a written request. One copy of employment file(s) material shall be provided. 17.6 A bargaining unit employee shall be notified of the placement of any material in subsection his/her personnel file within fourteen (b14) calendar days. 17.7 If a bargaining unit employee disagrees with evaluative material in her/his file(s), s/he has 30 days from the date of notification of the placement of this Section upon written request by material to append material to the employeefile(s). This provision shall also apply to an individual who is no longer employed when the evaluative material is placed in his/her file only if notification is possible. The review grievance rights related to the content of an employment evaluation of a bargaining unit employee are defined in Article 8, Employment Evaluation. 17.8 If a personnel file contains factual, non-evaluative information that the bargaining unit employee believes is incorrect the bargaining unit employee may request of the custodian of the file correction of the file(s) within 30 calendar days of notification of the placement of this material. If the custodian of the file denies the request, the bargaining unit employee may append material to the file within fourteen (14) days of the custodian’s denial. This provision shall also apply to an individual who is no longer employed when the evaluative material is placed in his/her file only if notification is possible. 17.9 Personnel actions during the term of an appointment shall be made during normal business hours and at based upon materials in the personnel file. Should the President implement a time when such employee personnel action that is not otherwise required based on materials in the personnel file, the reasons for the personnel action shall be reduced to render service to writing and placed in the District unless mutually agreeable to personnel file within fourteen (14) calendar days of the employee and the employee’s ▇▇▇▇, Director or ManagerPersonnel Action. (e) Any item to 17.10 Records involving the processing of a grievance, such as grievance/appeals, grievance responses, and settlement documents, shall not be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the bargaining unit employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriatefile(s). (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) 2.15.1 There shall be one (1) official District personnel file for each employeeUnit Member. The material personnel file for each Unit Member shall be maintained by the District in the Human Resources Department. The file shall consist of records of employment with the District, records of educational advancement, and other work experience pertaining to the status of the faculty member's employment with the District, leave forms, transcripts, recommendations, evaluations, correspondence pertaining to the member, and faculty service area designations. 2.15.2 A Unit Member may inspect his/her personnel file during normal business hours. A Unit Member may, upon his/her written authorization, designate an Association representative to review the file in the presence or absence of the Unit Member. The District agrees to be bound by applicable federal and/or state statutes concerning the privacy and confidentiality of such records and files. Access to the official District personnel file shall be considered limited to District administrators and used supervisors and authorized Human Resources Department staff. 2.15.3 The District shall keep a log indicating the persons (other than persons whose duty it is to maintain the files) who have examined a personnel file, as well as the only official personnel record date such examinations were made. 2.15.4 All reviews shall be done in the presence of a management employee or designee who shall be positioned in a manner ensuring confidentiality to the parties and security of the District in any proceeding affecting the status of the employee’s employment with the Districtfile. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) 2.15.5 Any item to be placed in the file shall be clearly identified identifiable as to its source or originator and its date of receipt by the District. (f) Information 2.15.6 Any material placed in a Unit Member's personnel file must be signed and dated by the originator and the management person responsible for placing it in the file, and a copy of all materials shall be given to the Unit Member prior to the time of insertion in the personnel file. No anonymous letters or materials shall be placed in a Unit Member's personnel file. 2.15.7 In the case of derogatory naturematerials, except that listed under subsection (b) of this Section, such material shall not be entered or filed in a Unit Member's personnel file unless and until the employee Unit Member is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make review, comment, and have such comments attached to the material in question. The Unit Member has ten (10) working days to review and comment on any material of a derogatory nature before it is placed in his/her own written commentsfile. If additional time is needed, which will be placed in the file attached to Unit member may request a time extension from the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reductionHuman Resources Department. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed 2.15.8 Materials not included in the personnel file for two (2) years or more. The District may unseal include ratings, reports and review such material in the event it otherwise determines that discipline records obtained prior to employment of the employee is appropriateUnit Member, and any other materials related to application for positions other than permanent certificated positions within the District. (h) The Human Resources Office maintains the only official 2.15.9 In accordance with Title 5, Section 59023, personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information records are classified as records which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.retained permanently

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) A. There shall be one (1) official District personnel file for each employee. The material educator which shall be maintained in the official District personnel file shall be considered and used as the only official personnel record Department of the District Human Resources. Except for files provided in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratingsArticle 26, reports or records which were (1) obtained prior to the employment of the employeeparagraph H., (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel no other files shall be available only maintained except for duplicates of materials kept in the central files and information that the principals maintain prior to specifically designated personssubmitting to the Department of Human Resources. 1. No other party Materials directly and solely related to pre-employment references and references directly related to internal promotions where written references are required, shall be placed in a separate envelope in the file, and the contents shall not be subject to inspection by the educator. 2. Except as provided in 1. above, materials in school or District files shall be subject to inspection by the educator. B. Administrators with legitimate District business related to the educator's employment will have access to an employee’s educator's confidential and open files. C. No anonymous or unsigned information may be placed in any educator's file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access Incident reports made to the employee’s file by any person principal shall not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file maintained by the Department of Human Resources until such report has been investigated by the principal or appropriate department. D. Each educator will have access to one's file. 1. The educator has the right to be accompanied by any individual while examining one's file. 2. The educator has the right to designate in writing a Federation representative who may have access to the educator's file. Persons designated shall be clearly identified authenticated as to its source or originator and its date of receipt bona fide Federation representatives by the Districta Federation officer. (f) Information of 3. An educator's file shall be available for inspection within a derogatory nature, except that listed under subsection (b) of this Section, shall not reasonable time after it has been requested. E. The educator will be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity see any information prior to make his/her own written comments, which will be placed placement in the one's open file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, except information related to disciplinary matters which has existed in the personnel routine file for two (2) years or moremaintenance. 1. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may educator will be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given provided a copy of such material upon request. The educator shall acknowledge having read these materials by affixing one's signature on the actual copy/copies to be filed. 2. Any information or materials which are derogatory to an educator's conduct, service, character, or personality shall not be placed in a timely manner relative educator's file unless and until the educator has been given the opportunity to examine the information or material. 3. Any information placed in an educator's file(s) may be removed at the request of the originator of said material if agreed to by the educator affected. F. The educator has the right to respond in writing to anything placed in that educator's open file and have such response placed with the material to which the response relates. G. Each individual, except persons performing routine file maintenance, will, upon receiving confidential and/or open files for any purpose, affix that individual's signature to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to jacket of the employee prior to the commencement file indicating date of disciplinary actionusage.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Negotiated Agreement

Personnel Files. (a) There shall be one (1) official District personnel file for each employee. A. The material in the official District personnel file shall be considered and used as the only official personnel record Board of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office Education shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep employee in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the accordance with applicable Ohio Law. B. The employee must shall be given a copy of any material placed in his/her file after the date of initial employment. All material in the file must be relevant to the employee’s job and shall be included in the file within a reasonable period of time following its receipt or preparation, unless the employee agrees to its inclusion at a later date. All material placed in the file should be clearly stamped with the date of inclusion in the file. Any employee interested in discussing the relevancy of materials in his/her personnel file may request and shall be granted an opportunity to discuss questions of relevancy with the Superintendent. Material mutually deemed irrelevant shall be removed from the file. If there is disagreement between the employee and the Superintendent regarding the relevancy of materials, the employee may insert in the file a statement of the reasons why said material is irrelevant which shall be physically attached to the disputed material or challenge the inclusion of the material in accordance with Ohio law. C. All materials placed in the employee’s file shall be available in the Central Office where the employee or employee’s representative with written authorization from the employee may examine them. Material included in this file may be used for personnel decisions if it is properly included according to the conditions stated in this Article. D. If an employee misplaces or loses his/her copies of materials which have been placed in the personnel file, the employee may request another copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor and it shall not use materials or information which have not been previously provided be supplied to the employee prior at his/her expense. E. If a member of the public wishes to examine the contents of an employee’s personnel file, the employee shall be notified of such request. Prior to the commencement inspection of disciplinary actionthe file, the employee may request the opportunity to meet with the superintendent regarding the procedures outlined in Item B of this Article. For security reasons, the superintendent or designee will be present during the examination.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There shall be one (1) official District Materials in personnel file files of members which may serve as a basis for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s their employment with the District. (b) The material in the file shall are to be made available for the inspection of the employee member involved, or the designated CSEA representative. (b) Such material is not to whom the file pertains except include ratings, reports reports, or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee member involved in selection, or (3) obtained in connection with a promotional evaluationexamination. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE Every member shall have the right to inspect such materials upon request, provided that the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be inspection is made during normal business hours and at a time when such employee the member is not otherwise actually required to render service services to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (fd) Information of a derogatory nature, except that listed under subsection (b) of this Section, nature shall not be entered or filed unless and until the employee member is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make review and comment thereon. The member shall be given an opportunity during normal work hours and without loss of pay to initial and date the material. A member shall have the right to enter, and have attached to any such derogatory statements, his/her own comments thereon, as per Ed Code 44031(b)(1). (e) Upon request from a bargaining unit member or CSEA (on behalf of a member), derogatory materials may be sealed in the personnel file at the discretion of the personnel director and made inaccessible to any District employee provided the materials were entered into a member’s personnel file more than two years prior to the request. However, the personnel director may unseal the derogatory materials if the materials may be related to any employee discipline or litigation/claim/charge/complaint against the District. If, in the opinion of the personnel director the materials are related, the District retains the right to use the materials in discipline cases, or to respond to claims/charges/complaints or to defend itself. (f) Any person who places written comments, material or drafts written material for placement in a member's file shall sign the material and signify the date on which will be such material was drafted. Any written material placed in a personnel file shall indicate the file attached date of such placement. A copy of material shall be provided to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reductionmember. (g) When an employee requestsUpon written authorization by the member, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline a representative of the employee is appropriateAssociation shall be permitted to examine and obtain copies of the materials in such member’s file. (h) The Human Resources Office maintains the only official Members' personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may shall be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actiontreated as confidential.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) 10.1 There shall be one (1) official District personnel file for each employee. The material unit member maintained in the official District Office of Human Resources. 10.2 Per Education Code section 87031(b)(3), materials in the personnel file shall be considered and used as not include ratings, reports, or records which: (a) were obtained prior to the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District.unit members’ employment; (b) The were prepared by identifiable examination committee members; (c) were obtained in connection with a promotion. 10.3 No adverse action shall be taken against a unit member based upon written material which is not contained within the official personnel file unless otherwise allowed by law. 10.4 Materials of a derogatory nature shall not be filed in the employee’s personnel file until the employee has been given a ten-day opportunity to review and comment thereon. The employee may have the written comment attached to the derogatory material. The employee will be released from duty to review such materials. 10.5 Materials in a unit member’s personnel file shall be made available to the unit member for inspection during the inspection employee’s work hours without adversely affecting the work of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated personsDistrict. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without Upon the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇unit member, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, materials in the employee’s personnel filefile will be made available to designated representatives. The employee will indemnify and hold harmless the District from any and all claims, information related demands, suits, or any actions arising from such access or review. 10.6 A unit member may be asked to disciplinary matters which has existed sign a copy of material being placed in the personnel file file, but the signature only indicates that the unit member has received a copy of the material and does not mean agreement with the contents of the materials. 10.7 No disciplinary action shall be taken for any cause which arose prior to the unit member’s becoming permanent, nor for any cause which arose more than two (2) years or more. The District may unseal and review such material in preceding the event it otherwise determines that discipline date of the employee is appropriatefiling of the notice of cause unless such cause was concealed or not disclosed by such unit member when it could be reasonably assumed that the unit member should have disclosed the facts to the District. (h) The Human Resources Office maintains the only official 10.8 It is recognized that all personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, are confidential and all efforts should be made to have such files stored and/or maintain copies of unacceptable work products. However, none of these may be used maintained in a disciplinary process without prior knowledge of manner which provides for such confidentiality. Official personnel files, to insure confidentiality, are available for review only to authorized District personnel, and receipt of copies by the employee. If other persons having a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative legal right to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionreview.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There Access and availability to personnel files shall be one (1) official District in accordance with state law, administrative procedures and Board Policy regarding personnel file for each employeefiles. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee Access to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District teacher/licensed professional personnel files shall be available only to specifically designated personsthe following individuals: teacher/licensed professional, teacher/licensed professional's designee, Superintendent and Superintendent designee. No other party shall Individuals listed in this section who have access to teacher/licensed professional personnel files shall maintain confidentiality. The District shall maintain personnel files for each teacher/licensed professional. Personnel files of current teacher/licensed professionals will be maintained in the District Office in a secure location under adequate supervision. These files shall be the only official District file and will contain materials relevant to the teacher/licensed professional's employment except the parties recognize there may be an employee’s official working file maintained by supervisors to assist in supervisory responsibilities. The teacher/licensed professional will have the right, upon three (3) working days written notice to Human Resources Department, to review their personnel file, except as . No files will be removed from their location during the result period of inspection and will be inspected under the supervision of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to administrator or teacher/licensed professional. Upon request, the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall teacher/licensed professional will have the right to inspect receive a copy of their personnel file, excluding pre-employment materials. A teacher/licensed professional may designate in writing the authority for their representative to review or receive a copy of the teacher/licensed professional's personnel file. All medical records will be maintained in compliance with applicable state and federal law, which includes a separate file except as provided for individual medical records. Such records will be released only in subsection accordance with the Americans with Disabilities (bADA) or other applicable law. This provision does not cover teacher/licensed professional sick and personal leave forms. During the period of this Section upon written request by an investigation the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service District will maintain material related to the District unless mutually agreeable to investigation in a separate file. If no action is taken against the employee and teacher/licensed professional as a result of the employee’s ▇▇▇▇investigation, Director or Manager. (e) Any item to the investigatory materials shall not be placed in the personnel file without the agreement of the teacher/licensed professional. This file shall be clearly identified as accessible only to its source the teacher/licensed professional or originator and its date their designees, the Superintendent or their designee, the appropriate licensing agency upon lawful subpoena or District Attorney order. A teacher/licensed professional may have a representative of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, Association present with them to review their personnel file. Upon request teachers/licensed professionals shall not be entered or filed unless and until the employee is given receive a copy of all materials placed in their official personnel file. No materials that affect the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make histeacher/her own written comments, which licensed professional's condition or status of employment will be placed in the teacher/licensed professional's District personnel file without prior notification to the teacher/licensed professional and the teacher/licensed professional has affixed their signature to the copy to be filed, with such understanding that their signature to the copy does not indicate agreement. The teacher/licensed professional will have the right to submit a written answer to such material and their answer will be attached to the derogatory documentfile copy. Such written comments Licensed professionals may request, in writing, that any letter of expectation, direction, and/or reprimand will be removed from their personnel file, if no similar offense has occurred in the last three years. All requests will be reviewed based on current laws governing personnel files. Administrative working files and investigatory files shall be submitted within five considered personnel files for the purpose of confidentiality unless required by outside legal requirements (5) working dayse.g., subpoena, District Attorney order, judicial order etc.). Such meeting and opportunity If the District is required by statute to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requestsdisclose information regarding a teacher/licensed professional who has been convicted of a crime listed in ORS 342.143, the District will seal, in remove the employee’s personnel file, information related to disciplinary matters which has existed in name of any teacher/licensed professional who is the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline victim of the employee crime or any District teacher/licensed professional who is appropriate. (h) The Human Resources Office maintains not the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies subject of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There 4.1.1 The personnel file of each employee shall be one (1) official District personnel file for each employeemaintained at the District's central administrative office. The material No adverse action of any kind shall be taken against an employee based upon materials that are not in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the Districtfile. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) 4.1.2 Information of a derogatory nature, except that listed under subsection (b) of this Section, nature shall not be entered into or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make review and comment. An employee shall have the right to enter, and have attached to any such derogatory statement, his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments review shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, purpose without salary reduction. Employees shall have fifteen (15) working days to notify the District as to their intent to respond to any derogatory material placed in their personnel file. The employee will then have an additional fifteen (15) working days after notification to submit a response in writing. (g) When 4.1.3 An employee shall have the right at any reasonable time to examine and/ or obtain copies of any material from the employee's personnel file with the exception of material that includes ratings, reports, or records which were obtained prior to the employment of the employee involved, were prepared by identifiable committee members, or were obtained in connection with a promotion examination. Derogatory information placed in an individual employee's personnel file may, at the option of the employee, be transferred to a separate, sealed file after three years, provided that the employee requestshas not engaged in the same or similar conduct in the intervening period. Material transferred to the sealed file may be opened only in response to a lawful subpoena issued by a court or administrative tribunal of competent jurisdiction or, upon order of the District will sealsuperintendent, in the employee’s personnel file, information related to disciplinary matters which has existed event that the employee thereafter engages in substantially the same conduct as reflected in the sealed file. 4.1.4 All personnel files shall be kept in confidence and shall be available for inspection only to other employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the employee. The employee's personnel file shall be available for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of examination by the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departmentsor his/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies her CSEA representative if authorized by the employee. 4.1.5 Any person who places written material or drafts written material for placement in an employee's file shall sign the material and signify the date on which such material was drafted. If a ▇▇▇▇, Director, Manager or Supervisor obtains Any written materials or information which may lead to, or is intended for use placed in a personnel file shall indicate the disciplinary process, the employee must be given a copy date of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionplacement.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) 7.1 There shall be only one (1) official District personnel file Personnel File for each employee. The material in the official District personnel file Unit Member, and it shall be considered and used as the only official personnel record of maintained by the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or Office. The cabinets in which Personnel Files are kept shall be locked at all times outside of normal business hours. Except as provided in a settlement agreement between the Vice President responsible for human resources functionsDistrict and the grievant(s), documents related to grievances shall not be included in the Personnel File. (d) An employee or designated representative of ECCE 7.2 Each Unit Member shall have the right to inspect review the file except as provided in subsection (b) contents of this Section upon written request his or her own Personnel File by the employeemaking a prior appointment for review. The review shall be made during normal business hours and take place at a time when such employee the Unit Member is not otherwise required to render service to the District unless mutually agreeable and during normal working hours of the Human Resources Office. 7.3 The District shall be bound by applicable federal and state statutes concerning the privacy and confidentiality of Personnel Files. Routine access to the employee Personnel File shall be limited to Human Resources Office staff responsible for maintaining the Personnel Files. If a Unit Member is an applicant for any position in the District, the hiring committee for that position may have access to the Unit Member’s Personnel File when required by the District’s hiring procedure. A member of the District Governing Board shall have access to a Unit Member’s Personnel File only during a duly noticed meeting of the Governing Board, and then only if necessary, for a personnel action that is on the employeeagenda for that meeting. The following are the only other administrators permitted to review a Unit Member’s Personnel File: 7.3.1 The superintendent/president of the District 7.3.2 The District vice president responsible for the Unit Member’s division 7.3.3 The Unit Member’s division ▇▇▇▇, Director or Managerother administrator responsible for the Unit Member’s division or assignment. (e) Any item 7.4 If a unit member is an applicant for any position in the District, the unit member may make a written request to have items from his or her personnel file copied and provided to the hiring committee. Only items required for the application process shall be copied and provided to the hiring committee. The hiring committee for that position may have access to the Unit Member’s Personnel File when required by the District’s hiring procedure. 7.5 A Unit Member may authorize a representative to review the file. The authorized representative may be any person selected by the Unit Member, including persons not employed by the District. If reviewed in the absence of the Unit Member, the designated representative shall first present the written authorization and appropriate identification. 7.6 No anonymous material shall be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the Districtany Unit Member’s Personnel File. (f) 7.7 Information of a derogatory nature, except that listed under subsection (b) of this Section, nature shall not be entered or filed unless and until the employee Unit Member is first given a copy of the document derogatory material and provided a period of ten (10) working days to review the employee has the opportunity to have material and prepare a meeting concerning the matter and an opportunity to make his/her own written comments, which will response. The Unit Member’s response shall be placed in the file attached to the derogatory documentmaterial when it is placed in the Personnel File. 7.8 The District shall keep a log identifying all person(s) (other than Human Resources office staff whose duty it is to maintain the files) who have reviewed the contents of the Personnel File. Such written comments The log shall be submitted within five (5) working days. Such meeting maintained in the Unit Member’s Personnel File and opportunity to write comments shall take place during normal business hours, include the date and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline name of the employee is appropriateperson who reviewed the file. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There a. The official personnel file of a unit member shall be one (1) official District maintained at the District’s Office of Human Resources. b. Personnel files shall be available for inspection during regular office hours each day the Office of Human Resources is open for business. Unit members may review and obtain a copy of personnel file for each employeematerials within three working days of their written request. The material A named representative may, with non-continuing written authorization from the unit member, view the file in the absence of the employee. c. In addition to the named person, only persons who have a legal authorization to review file contents may access the personnel files. d. With the exception of those responsible for maintaining the official file, the District shall keep a log of the persons who have examined a personnel file or who have requested information contained in a personnel file as well as the date such examinations or requests were made. Such log and the employee’s personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of examination by the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved their Association representative if authorized in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request writing by the employee. The review log shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and maintained in the employee’s ▇▇▇▇, Director or Managerpersonnel file. (e) Any item e. All material placed in the personnel file shall indicate the date it was prepared and placed in the file and who was responsible for its preparation. Written statements of a positive nature pertaining to employment performance of a unit member shall be placed in the member’s file shall be clearly identified as to its source or originator and its date of receipt by upon the Districtunit member’s request. (f) f. Information of a derogatory nature, except that listed under subsection (b) of this Section, nature shall not be entered or filed unless and until for fifteen (15) days after the employee unit member is given a copy of the document written notice and the employee has the opportunity to review and respond in writing thereon. A unit member shall have a meeting concerning the matter right to enter, and an opportunity to make his/her own written comments, which will be placed in the file have permanently attached to the any derogatory documentstatement, their own comments thereon. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, Derogatory information related to disciplinary matters which has existed placed in the personnel file for two (2shall identify the source(s) years or moreof such information. The If subsequent to the entry of derogatory information into the personnel file, a District may unseal and review such material in the event it otherwise investigation determines that discipline of the employee information is appropriate. (h) The Human Resources Office maintains inaccurate in a material respect or unsubstantiated, it shall be removed from the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may and shall not be used in a disciplinary process without prior knowledge any decision affecting the discipline, employment status or assignment of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionunit member.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There The employee shall have the right to inspect his/her personnel file. The right to inspect granted under this Article shall be one (regulated as follows: 1) official District . All personnel file for each employeefiles shall be filed in the Central Offices. The Only material in the official District personnel file or other relevant information that has a direct bearing on the employees assignment (e.g., recent driving record additions, unreported criminal convictions, etc.) shall be considered used for disciplinary reasons. 2. No access to personnel files will be permitted unless the employee first makes an appointment with the Superintendent/designee. 3. A request for an appointment will be granted as soon as is practicable and used in no event more than three (3) working days after such request is received. Employees shall be entitled to Union representation when viewing their files. 4. All personnel records shall be kept up to date and on file for reference at all times. Each employee has the responsibility to supply current information to the Superintendent on items such as health certificate and tuberculosis chest X-rays or tests. 5. No data may be physically removed from the only official personnel record of the District in any proceeding affecting the status file of the employee’s employment with . Information may, however, be copied at a cost to the Districtemployee not to exceed ten cents (10¢) per page. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports 6. Information supplied or records which were (1) obtained requested prior to the employment of the employee may not be inspected pursuant to this Article. The employee, (2) prepared by identifiable members of the screening committee involved upon request, shall be informed if such material is in selection, or (3) obtained in connection with a promotional evaluationtheir personnel file. (c) Official District personnel files shall be available only to specifically designated persons7. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected Each employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of all material which is directed toward that individual and is subject to inspection under this Article prior to such material becoming a part of the individual’s personnel file. 8. Each employee shall have the opportunity to reply to such written material in a timely manner relative written statement which shall be attached to and become a part of the specific incident personnel file. 9. Anecdotal records, reprimands, and letters from parents or concernschool officials or other school personnel as long as such records, reprimands or letters do not establish a repetitive type of behavior, shall be removed from the personnel file after three (3) calendar years. 10. The ▇▇▇▇, Director, Manager Anonymous letters or Supervisor materials shall not use materials or information which have not been previously provided be placed in any individual’s files nor shall they be made a matter of record. Each item included in the file from officials of the school district shall be dated and signed by those who submitted such items for the file. 11. Each employee who wishes to respond in writing to any item in his/her personnel file must do so within twenty (20) working days from the employee prior to date the commencement of disciplinary actiondocument in question is included in their personnel file.

Appears in 3 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Personnel Files. (a) 23.1 There shall be one (1) official District University file, hereinafter referred to as the personnel file, which shall be the only file for each used in decisions respecting any and all terms and conditions of employment of an employee. The material in the official District personnel file shall be considered maintained by the Human Resources Department and used as stored in the only Human Resources Department. 23.2 Notwithstanding Clause 23.1, copies of some or all of the material contained in the official personnel record file may also be kept in departmental files or in the President's Office. Such material shall be kept under lock and key. 23.3 Upon request and by appointment each employee and his/her authorized agent (such authorization to be in writing) shall have the right of access to the contents of his/her personnel file. The employee shall examine his/her file only in the presence of the District in Director of Human Resources or designate, and may not remove any proceeding affecting the status item from his/her file. 23.4 None of the employee’s employment contents of the personnel file shall be released or made available to any person except Human Resources Department authorized personnel or the Director or designate without the express written consent of the employee concerned, except as provided for by law. Access to any of the contents of the personnel file for this reason shall be granted only in person to individuals who show proof that such access is required by law. Such access shall be granted only in the presence of the Director of Human Resources or his/her designate who shall notify the employee concerned as soon as possible, stating the person or persons granted or to be granted access and the reason for granting such access. 23.5 The personnel file shall contain a list of all persons granted access to the personnel file and the date of access with the District.following exceptions: (a) Human Resources Department authorized personnel; and (b) the employee. 23.6 The personnel file of each employee shall contain only material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior pertaining to the employment of the employee, (2) prepared by identifiable members including but not restricted to transcripts, letters of application, resume, evaluation reports, correspondence relating to terms and conditions of employment and/or the screening committee involved in selectiondischarge of duties and responsibilities, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as copies of materials reflecting the result of a legal proceeding, without the written authorization salary history of the employee. The Human Resources Office shall maintain a log , and materials relating to appointment or promotion of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An 23.6.1 Where an item which should have been in a personnel file is discovered not to be in the file, the Employer shall make every effort to find a copy of the item and place it into the file. 23.6.2 No anonymous material shall be kept in the personnel file of any employee. 23.7 Each employee or designated representative of ECCE shall have the right to inspect have included in his/her personnel file his/her written comments on the accuracy or the meaning of any of the contents of his/her personnel file. The employee shall have the right to have removed from his/her personnel file except as provided any material which he/she can show is false, irrelevant or unsubstantiated. Such requests for removal shall be made to the Director of Human Resources. 23.8 An employee shall be given one (1) copy of any of the materials in subsection (b) of this Section his/her personnel file upon written request by to the employeeDirector of Human Resources except for confidential material pursuant to Clause 23.7. The review Such request shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted filled within five (5) working days. Such meeting and opportunity to write comments . 23.9 Signed letters of reference evaluating the suitability of a candidate for any position at the University shall take place during normal business hours, be considered confidential and the affected employee shall be released from duty for this purpose, if necessary, without salary reductionnot have access to such information. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Personnel Files. (a) There The Employer and the Union agree that the Employer shall be one (1) official District maintain personnel file for each employeerecords. The material Employee will advise Human Resources Services (HR) immediately, in the official District personnel file shall be considered and used writing, if there is any change in personal data, such as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the Districtname, address or telephone number. (b) The material in the personnel file shall be made available for the inspection Employee shall include items concerning the record of the employee to whom the file pertains except ratingsemployment including, reports or records but not limited to, job description, salary history, as well as any documentation in accordance with Article 12 and Article 13, all of which were (1) obtained prior is normally copied to the employment of Employee concurrent with their addition to the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluationfile. (c) Official District Employees shall have the right to examine their personnel files shall file in the presence of a member of Human Resources Services staff, by appointment. Upon request and within 5 Working Days following the request, Employees will be available only provided with a photocopy of any requested documents from their file. The Employee is free to specifically designated personspoint out any alleged factual errors and proven errors will be corrected. No other party shall On the same basis, an Employee will have access to an employee’s their Employee Health/Return-to Work file, except as Employee Medical file, and the result file containing their personal information held by their Supervisor. (d) Upon receipt of a written request from the Employee, Human Resources Services will confirm that all warnings and suspensions have been removed from their file and administered in accordance with Article 12. (e) Employees may supplement the contents of their personnel files with documents related to their employment by forwarding such documents to Human Resources Services. (f) Employees will notify Human Resources Services of changes in information related to Spouses and dependents necessary to administer benefits. (g) Subject to legal proceedingand/or statutory requirements, without when Human Resources Services receives requests from an external agency for personal or employment related information regarding an Employee, it will confirm employment only. Additional information shall only be divulged with the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functionsEmployee. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Personnel Files. (a) There shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employeefaculty member shall be maintained by the District, and that file shall be located at the District headquarters. Departments/Divisions This paragraph, however, shall not preclude the maintenance of operational files of faculty by their respective unit administrators and all lawful payroll records by the business office. The operational files shall not contain faculty medical information and shall not be used to initiate disciplinary proceedings. Only the Employee Services office staff, the individual faculty member, the immediate unit administrator, the appropriate vice president, the college president, and the District Chancellor shall have access to the file. All parties having access to the file shall exercise great care to protect the confidentiality of materials in the file. Faculty may keep in general files notesreview the contents of their own personnel file by appointment with the District Employee Services office. Upon the faculty member's request, annotate calendars, maintain copies a representative of correspondence, and/or maintain copies of unacceptable work products. However, none of these the AFT may be used in a disciplinary process without prior knowledge of and receipt of copies by present when the employeefile is being reviewed. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which Information may lead to, or is intended for use be placed in the disciplinary processpersonnel file only after a copy has been provided to the faculty member and only after opportunity of at least one (1) calendar week has been provided to sign and date the material and to attach any written response or other documents related to the information in question. The faculty member's signature shall be deemed only an acknowledgment that he or she has seen the material and has been provided such opportunity to respond. The signature shall not signify that the faculty member necessarily agrees with the content of the material. Placement of information in the personnel file must be made within thirty (30) calendar days from the date that the faculty was given the opportunity to sign. Except in extraordinary, emergency situations, no action may be taken against a faculty member unless such action is based on materials that have been placed properly in the employee must personnel file. Faculty shall be given a copy of such material in a timely manner relative to any employment notice (ENSRC) affecting their employment status. At any time upon mutual agreement between the specific incident or concern. The ▇▇▇▇District and the faculty member, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to any document will be removed immediately from the employee prior to the commencement of disciplinary actionDistrict personnel file.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There ‌ 1. To the extent allowed by law, the official personnel file of each bargaining unit member shall be one (1) official District confidential and shall be maintained in the office of the Board. 2. A bargaining unit member shall have access to his/her personnel file for each employee. The material upon request when a Central Office administrator or designee is present in the official District Central Office. A representative of a bargaining unit member shall have access to said bargaining unit member's personnel file when said bargaining unit member requests such access in writing to the Superintendent/designee or his/her designee. 3. A bargaining unit member shall be considered and used notified as the only official soon as possible when there is a request to review his/her personnel record file by a member of the District in any proceeding affecting public and what, if anything, was provided to the status requesting person, and the name and address of the employee’s employment person requesting the file review, if known. Consistent with the Districtright of the requesting person to inspect public records, the member whose file has been requested to be inspected, or his or her designee, shall have a reasonable opportunity to observe the inspection. (b4. A bargaining unit member shall be entitled to a copy of any specific material(s) The in his/her file upon written request. 5. Letters or materials anonymous to the bargaining unit member or reports partially or entirely based on sources anonymous to the bargaining unit member shall not be placed in a bargaining unit member’s personnel file. 6. Information in the personnel file may be removed upon mutual agreement of the bargaining unit member and the administrator making the entry or by the bargaining unit member and the Superintendent/designee. 7. All material in the file shall be made available for the inspection of the employee to whom the file pertains except ratingsaccurate, reports or records which were (1) obtained prior to the employment of the employeerelevant, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluationtimely and appropriate. (c) Official District personnel files shall be available only to specifically designated persons8. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE Each bargaining unit member shall have the right to inspect the file except as provided respond in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required writing to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed any material contained in the file shall which would be clearly identified generally considered as detrimental to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written commentspersonal or professional interest, which and the response will be placed in the file attached to the derogatory documentspecific material. 9. Such written comments Bargaining unit members shall be submitted notified by school email within five three (53) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall days after material that could be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, considered detrimental is placed in the employee’s his or her personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 3 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Personnel Files. (a) There A. Any material, except as specifically excluded herein, relative to an employee's employment relationship, shall be one (1) official District personnel file for each employee. The material contained in the official District employee's personnel file shall be considered and used file. B. Material in personnel files of employees which may serve as the only official personnel record of the District in any proceeding a basis for affecting the status of the employee’s their employment with the District. (b) The material in the file shall be made available by the District for the inspection of by the employee or by a representative designated, in writing, by the employee. Such materials are not to whom the file pertains except include ratings, reports or records which were (1) were obtained prior to the employment of the employeeperson involved, (2) were prepared by identifiable members of the screening examination committee involved in selectionmembers, or (3) were obtained in connection with a promotional evaluationexamination. (c) Official District personnel files shall be available only to specifically designated persons1. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An Every employee or designated representative of ECCE shall have the right to inspect the file material, except as excluded above, in the personnel files upon request, provided in subsection (b) of this Section upon written that the request by and inspection is made at the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise actually required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or ManagerEmployer. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) 2. Information of a derogatory nature, except that listed under subsection (b) as expressly excluded in paragraph B of this SectionArticle, shall not be entered or filed unless and until the employee is given a copy notice of the document and the employee has the opportunity to have a meeting concerning the matter such filing and an opportunity to make his/her own written commentsreview and comment thereon. An employee shall have the right to enter, which will be placed in the file and have attached to any such derogatory statement, the derogatory documentemployee's comments thereon. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments review shall take place during normal business hours, and the affected . The employee shall be released from duty for this purpose, if necessary, purpose without salary reductiondeduction. (g) When 3. The District shall not take any adverse action against an employee requestsbased upon material which is contained in the employee's personnel file unless the material is placed in the file within a reasonable time after the incident giving rise to the development of such material and unless the employee is notified at such time that such materials are being placed in the file. C. Material placed in the personnel files of employees shall be kept in the strictest confidence. The District shall provide a form, to be included in each file, indicating by whom and on what date the file was inspected. D. Complaints against employees will be handled as follows: 1. Complaints by students, parents, teachers or citizens that are in writing may not be placed in personnel files unless the employee has been given written notice of the complaint within either nine months after the event that gave rise to the complaint or 30 days after the last day of the school year in which the event occurred, whichever is later. There shall be no time limitation in matters relating to allegations of child abuse, sexual harassment or criminal conduct. 2. The employee may request a conference with the complainant(s) within 10 workdays following written notice to the employee of the complaint. The Administration will notify the complainant, in writing, that a meeting is requested and will send a copy of this notice to the employee. The employee may respond orally or in writing within 10 workdays to any accusation. The employee may be represented at all meetings by an Association representative. 3. If the District will sealviolates the provisions of preceding paragraph, it may not place derogatory information in the employee's personnel file regarding the complaint, unless the failure to comply is excused for good cause. Nothing in this section shall prevent the District from making use of material not included in a personnel file for disciplinary actions, in the employee’s personnel fileDistrict's defense in civil actions, information related or to disciplinary matters which has existed assist law enforcement in criminal actions. 4. Upon written request to the Superintendent, complaints or charges that have been withdrawn or have been proved to be false or unsubstantiated shall be removed from the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriateas authorized by law. (h) The Human Resources Office maintains the only official E. There will be a single personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may An employee's personnel file will be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use kept in the disciplinary process, central administrative office of the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionDistrict.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There The Employer and the Union agree that the Employer shall be one (1) official District maintain personnel file for each employeerecords. The material Employee will advise Human Resources Services (HR) immediately, in the official District personnel file shall be considered and used writing, if there is any change in personal data, such as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the Districtname, address or telephone number. (b) The material in the personnel file shall be made available for the inspection Employee shall include items concerning the record of the employee to whom the file pertains except ratingsemployment including, reports or records but not limited to, job description, salary history, as well as any documentation in accordance with Article 12 and Article 13, all of which were (1) obtained prior is normally copied to the employment of Employee concurrent with their addition to the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluationfile. (c) Official District Employees shall have the right to examine their personnel files shall file in the presence of a member of Human Resources Services staff, by appointment. Upon request and within 5 Working Days following the request, Employees will be available only provided with a photocopy of any requested documents from their file. The Employee is free to specifically designated personspoint out any alleged factual errors and proven errors will be corrected. No other party shall On the same basis, an Employee will have access to an employee’s their Employee Health/Return-to Work file, except as Employee Medical file, and the result file containing their personal information held by their Supervisor. (d) Upon receipt of a written request from the Employee, Human Resources Services will confirm that all warnings and suspensions have been removed from their file and administered in accordance with Article 12. (e) Employees may supplement the contents of their personnel files with documents related to their employment by forwarding such documents to Human Resources Services. (f) Employees will notify Human Resources Services of changes in information related to spouses and dependents necessary to administer benefits. (g) Subject to legal proceedingand/or statutory requirements, without when Human Resources Services receives requests from an external agency for personal or employment related information regarding an Employee, it will confirm employment only. Additional information shall only be divulged with the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functionsEmployee. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Personnel Files. (a) There shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratingsA. Employees or former employees shall, reports or records which were (1) obtained prior to the employment of the employeeupon request, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect all contents of their complete personnel file kept within the file except as provided in subsection (b) District. Upon request, a copy, at District expense, of this Section upon written request by any documents contained therein shall be afforded the employee. The review No secret, duplicate, alternate, or other personnel file shall be made during normal business hours and at a time when such employee is not otherwise required to render service kept anywhere in the District. B. Personnel files shall be open only to the teacher, the Superintendent or his/her designee, or legal counsel for the District unless mutually agreeable or counsel specified by the teacher, except as otherwise provided by law. C. The employee has a right to have a witness of his/her own choosing at the examination of his/her personnel file. D. Each employee’s personnel file shall contain the following minimum items of information: all employee final evaluation reports, copies of annual contracts, teaching certificate, and a transcript of academic records. E. Any derogatory material not shown to an employee within fifteen (15) days after receipt shall not be allowed as evidence in a grievance or any disciplinary action against such employee. F. No evaluation, correspondence, or other material making derogatory reference to an employee’s or former employee’s competence, character, or manner shall be kept or placed in the personnel file without the employee’s ▇▇▇▇, Director or Managerknowledge and opportunity to attach his/her own comments. G. Confidential placement files will not be a part of the personnel file. H. Three (e3) Any item years following the inclusion of any disciplinary material in the personnel file, and providing that no subsequent finding has been entered, an employee may make a request in writing to the Superintendent for removal of such material. No materials will be removed contrary to the applicable records retention schedule. I. It is recognized that each principal/evaluator may need to maintain an anecdotal record in order to aid the evaluator in the evaluation process. Such material shall not be kept beyond the completion of the evaluation and shall not be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered include, but is not limited to, initial employment records, academic records, placement and used as the only official personnel record assignment records, state certification, evaluation forms, transfer records, disciplinary records, letters of the District in any proceeding affecting the status of the employee’s commendation and recommendation, and other employment with the Districtdata. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings2. Upon request, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which certificated staff member will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of any adverse material when it is placed in the individual's official personnel file. All materials placed in the individual's official personnel file shall be stamped with the date such material was received in the Department of Human Resources. 3. Certificated staff members may review material compiled in official personnel files except for pre-employment references and reports, provided the Department of Human Resources is notified in advance. At the request of the employee, an Association representative may accompany the employee during the review of his or her official personnel file. 4. No material placed in the certificated staff member's official personnel file, including any evaluations of the individual, shall be used to discipline the individual unless a timely manner relative copy is shown to him or her prior to the specific incident discipline. At the individual's request, a copy of the material will be provided. 5. If additional files are maintained in the office of the principal, staff members may review such material provided the person asks for such a review in advance. At the request of the employee, an Association representative may accompany the individual during the review of said file. 6. Working-note files on employees may be maintained by administrators for the purpose of enhancing the performance and relationship between the administrator and the employee. Issues or concernhappenings not serious enough to warrant an immediate conference with the employee are appropriate for insertion into the working-note file. The ▇▇▇▇This file need not be given to the employee. If working-note file items are used as a part of the employee's evaluation or observation logs, Director, Manager or Supervisor shall not use materials or information which have not been previously provided they must be accessible to the employee prior and they must be placed into the personnel file, maintained by the principal. 7. Official personnel files will be maintained, stored, and organized so that pertinent data can be compiled in response to the commencement of disciplinary actionlocal, state, and national requests for information as well as internal decision making (within individual rights to privacy).

Appears in 3 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Personnel Files. (a) There The personnel file of each employee shall be one (1) official District personnel file for each maintained at the Division of Human Resources/Labor Relations. A. The person or persons who draft and/or place material relevant to the assessment of performance in an employee. The material in the official District ’s personnel file shall sign the material and signify the date on which such material was drafted and placed in the file. B. Access to personnel files shall be considered and used as limited to the only official members of management on a regular need-to-know basis. Board of Education members may request the review of an employee’s file at a personnel record session of the District Board of Education or the Board may designate an individual Board member(s) to examine personnel files. The contents of all personnel files shall be kept in any proceeding affecting the status strictest confidence. This paragraph shall not apply in the event all or a portion of the employee’s employment personnel files are necessary for preparation, or as evidence, in an administrative or judicial proceeding. C. A union Internal Worksite Organizer/union ▇▇▇▇▇▇▇ may be present as an observer at any promotion panel, if coordinated in advance with the District. (b) The D. In the event derogatory charges against an employee are proven to be without substance by any official or body having final judicial authority on the question of such charges, the material in the file shall be made available for expunged from the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluationpersonnel file. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) E. Information of a derogatory nature, except that listed under subsection (b) of this Section, nature shall not be entered or of filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make review and comment thereon. This shall include evaluations, competency review forms, memos, quality control reports, or any other material considered to be of derogatory nature. The employee shall be obligated to attend a conference called for such purpose by an administrator having line authority over such employee. The employee shall have the right to representation during such conference. The employee shall acknowledge he/she has received a copy of his/her personal retention by affixing his/her signature on the actual copy to be filed, with the understanding that such signature merely signifies that he/she has read the materials to be filed and does not necessarily indicate agreement with its contents. In the event that an employee refuses to affix his/her signature to the documents, a statement to this effect, together with that of a witness, may be attached to the document by the administrator in charge of the safekeeping of the file. An employee shall have the right to enter, and have attached to any such derogatory statement, his/her own written comments, which will be placed in the file attached to the derogatory documentcomments thereon. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments review shall take place during normal business hours, but not during employee duty time. Any and the affected all bargaining unit employees may enter into their personnel records of any commendations or awards reflecting their outstanding job performance as a District employee. F. Each employee shall have the right to review the contents of his/her own personnel files. A representative of the employee’s choosing may accompany the employee in this review. The employee’s representative may review the employee’s personnel file in the absence of the employee, provided that the employee has authorized, in writing, the review and provided that such authorization is given to the administrator or designee responsible for the safe keeping of the file. Photocopies of documents shall be released from duty provided to the employee or the employee’s representative for this purpose, if necessary, without salary reductionan amount equal to the cost of reproduction. The employee’s review of such information shall take place during the normal working day of the Division of Human Resources/Labor Relations. (g) When an employee requestsG. Information of a derogatory nature, other than the District evaluation document, will seal, be placed in the employee’s personnel file, information related to disciplinary matters which has existed in confidential file at the personnel file for end of two (2) years or moreif there have been no other similar infractions during that time. The District may unseal and review such material in confidential file shall be accessible only to the event it otherwise determines that discipline Administrator of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel and any appropriate administrator on a need-to-know basis, unless said file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionsubpoenaed.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. A. A personnel file of each member of the bargaining unit may be maintained by the Principal of the location in which that member teaches. This file shall include but not be limited to copies of complaints against that bargaining unit member, all material kept by the Principal for use in preparing evaluations of that member, and related supervisory materials. The Principal shall forward copies of all official evaluations, complaints and disciplinary records and any other materials used in employment decisions for inclusion in the permanent personnel file maintained in the Board’s administrative offices, not later than thirty (a30) There working days after the event or action giving rise to the document. This file shall contain but not be limited to payroll records, official transcripts, copies of evaluations, certification information, job applications, copies of conference reports, record of employment, and other necessary administrative materials, and also material forwarded from the Principal’s personnel file on that member. Copies of the contracts of employment shall be one (1) official District available upon request. B. Any personnel action including discipline of a bargaining unit member shall be under normal circumstances based upon material contained or reflected in the permanent personnel file for each employee. The material in the official District Board office, if it is an action or discipline that is cumulative in nature. 1. These files shall be considered confidential files. A copy of all materials placed in the permanent personnel file shall be considered sent to the member upon placement. 2. The date and used as the only official personnel record name of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The person placing material in the permanent personnel file shall be made available for included in the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluationdocument. (c) Official District personnel files shall be available only to specifically designated persons. No other party C. Individual bargaining unit members shall have access to an employeetheir personnel files upon request to the Principal or to the Superintendent at a time that is mutually convenient, but not less than three (3) working days and does not interfere with the bargaining unit member’s regularly assigned duties. The bargaining unit member may be accompanied by another individual of his/her choice. D. Those authorized to use files of members shall be limited to the Superintendent, members of the Board of Education, Treasurer of the Board, Principals or Supervisors directly responsible in directing the bargaining unit member, or the secretaries or assistants of the above authorized individuals. 1. If anyone other than authorized school personnel or Board members request to see a bargaining unit member’s personnel file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office member shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE be notified and shall have the right to inspect be present at the viewing of his/her file so long as the member exercises his/her right within forty-eight (48) hours of notification being sent to the member, except as provided in subsection (b) response to process of this Section upon written request by the employeelaw. The review Administration will use the above notification process except in an emergency situation, rare or unexpected occasion that is not an everyday event. The Board of Education will comply with 149.43 of the Ohio Revised Code. E. Bargaining unit members may challenge the timeliness, relevancy, accuracy or completeness of an item in their personnel file in accordance with the provisions of Section 1347.09 ORC F. No anonymous materials may be placed in a member’s personnel file. The name of the person making the entry and author of the complaint shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Managerincluded. (e) Any item G. The bargaining unit member shall have the right to read all information that is to be placed in the file prior to the actual placement and shall indicate that the material has been viewed by placing his/her signature and date on the material. The signing of the material does not indicate agreement with the document, but merely notice that the document is being placed in the file; furthermore, the employee shall have the right to respond, in writing, to any material that is placed in the file. Said response shall be clearly identified as attached to its source or originator and its date of receipt by the District. (f) Information of shall become a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy part of the document and the employee has the opportunity that is to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory documentfile. Such written comments The response shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hoursincluded should disbursal of the original document be made by the school district, unless the request is made under Ohio Revised Code 149.43 and the affected employee shall be released from duty for this purpose, if necessary, without salary reductionrequesting party does not want the response. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There 10.1 The University shall be one (1) maintain an official District personnel file Personnel File for each employeemember of the bargaining unit. The material University and the Association understand the term Personnel File to mean the file that records the employment relationship from application to termination. It does not contain documents that would normally be kept in the official District personnel file shall be considered Promotion and used Tenure, Payroll, or Medical files or other Employee Forms such as the only official I-9. It does contain letters of appointment, letters affirming promotion and tenure, evaluation letters and any documents potentially relevant to grievances or disciplinary action, except to the extent that such documents are not in final form, or are otherwise excluded from the definition of "personnel record of the District in any proceeding affecting the status of the employee’s employment with the Districtfile" under New Hampshire state law and regulations promulgated thereunder. (b) 10.2 The material Personnel File shall not contain any anonymous correspondence. Unsolicited letters may be included in the file if a copy is sent to the bargaining unit member in question, providing they have relevance and are free of innuendo and are signed by the author. 10.3 A member of the bargaining unit shall be sent a copy of any document being placed in his/her official Personnel File. 10.4 The official Personnel File shall be in the custody of the University administration and the location of such shall be made available for known to the inspection bargaining unit member. 10.5 With the exception of the employee to whom the file pertains except ratingstemporary Promotion and Tenure file, reports or records which were (1) obtained prior to the employment a member of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party bargaining unit shall have access to an employee’s file, except as all materials relating to him/her in the result of a legal proceeding, without the written authorization of the employeeofficial Personnel File. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review Requests shall be made during normal business hours and at a time when such employee is not otherwise required to render service in writing to the District unless mutually agreeable to the employee and the employee’s College ▇▇▇▇, Director or Managerand this access shall be granted as promptly as is reasonable during normal working hours, consistent with the schedule of both parties. Upon request, bargaining unit members shall be promptly furnished with copies of any materials in their File and will be charged the normal photocopy rate. (e) 10.6 Any item material in the official Personnel File, which the bargaining unit member can demonstrate to the University to be placed in the file inaccurate or untrue, shall be clearly identified as to its source or originator and its date of receipt by the Districtimmediately removed. (f) Information of a derogatory nature10.7 The bargaining unit member, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own authorized representative (with written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5authorization) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline appropriate officials of the employee is appropriate. (h) The Human Resources Office maintains University and University System are the only ones entitled to access a bargaining unit member's official personnel file for each employee. Departments/Divisions may keep in general files notesPersonnel File, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies unless otherwise provided by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionlaw.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. A. The official personnel file (a“OPF”) There of each unit member shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of maintained at the District Personnel Office. Materials in any proceeding personnel files of employees which may serve as a basis for affecting the status of the employee’s their employment with the District. (b) The material in the file shall are to be made available for the inspection of the person involved. Every employee shall have the right to whom the file pertains except inspect such materials upon request. B. Such material is not to include ratings, reports reports, or records which were (1) were obtained prior to the employment of the employeeperson involved, (2) were prepared by identifiable members of the screening examination committee involved in selectionmembers, or (3) were obtained in connection with a promotional evaluationexamination. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) C. Information of a derogatory nature, except that listed under subsection (b) material mentioned in the second paragraph of this Sectionsection, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make his/her own written commentsreview and comment thereon. An employee shall have the right to enter, which will be placed in the file and have attached to the any such derogatory documentstatement, his own comments thereon. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments review shall take place during normal business hours, and the affected employee shall be released from duty (other than instructional time) for this purpose, if necessary, purpose without salary reduction. This written response shall be attached to the derogatory material during normal business hours. The employee shall be released from duty (other than instructional time) for this purpose without salary reduction. This written response shall be attached to the derogatory material during normal business hours and he shall be released from duty (other than instructional time) for this purpose without salary reduction. (g) When an employee requests, the District will seal, D. A unit member shall be permitted to examine and/or obtain copies of material in the employee’s personnel his file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review recover from the unit member the reasonable cost of furnishing such material copies. E. The contents of each unit member’s personnel file shall be kept in the event it otherwise determines that discipline of strictest confidence and access to his file shall be limited to appropriate personnel. Each unit member’s official file shall be filed in the employee is appropriateDistrict Office. (h) The Human Resources Office maintains F. No action will be taken on complaints pending an investigation unless the only official personnel file for each employee. Departments/Divisions may keep in general files notescomplaint alleges conduct, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use place students and other district personnel in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actiondanger.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Employment Agreement

Personnel Files. (a) There shall be one (1) official District personnel file for each employee. The material Materials in the official District personnel file shall be considered and used files of employees, which may serve as the only official personnel record of the District in any proceeding a basis for affecting the status of the employee’s employment with the District. (b) The material in the file shall their employment, are to be made available for the inspection of the employee person involved. Such material is not to whom the file pertains except include ratings, reports or records which were (which: 1) were obtained prior to the employment of the employee, (person involved; 2) were prepared by identifiable members of the screening examination committee involved in selection, or (members; 3) were obtained in connection with a promotional evaluation.examination; or (c4) Official District personnel files shall be available only to specifically designated personswere unverified through an investigation. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An Every employee or designated representative of ECCE shall have the right to inspect such materials upon request; the inspection may be during non-working time or the unit member’s conference or other non-teaching period. The personnel files herein referred to are the official District personnel files maintained in the District office and representatives of the District personnel office shall be present during the time of inspection of the file except as provided in subsection (b) of this Section upon written request by the employeeemployee making the request. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item person who causes material to be placed in the into a teacher’s personnel file shall be clearly identified as to its source or originator sign and its date of receipt by the District. (f) such material. Information of a derogatory nature, except that listed under subsection (b) of this Section, nature shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make his/her own written commentsreview and comment thereon. An employee shall have the right to enter, which will be placed in the file and have attached to such derogatory statement, his own comments thereon. Upon request by the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments unit member such review shall take place during normal business hours, conference period or other non-teaching time and the affected employee shall be released from duty for this purpose, if necessary, purpose without salary reduction. (g) When an employee requests. The unit member may conduct such review during non-working time, the District will sealprovided it is during normal business hours. An employee, in the employee’s while inspecting his personnel file, information related may be accompanied by a representative of his choice. An employee shall be entitled to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain obtain copies of correspondencematerials subject to his inspection, and/or maintain provided he reimburses the District for the reasonable cost of producing the copies of unacceptable work products. However, none of these may The official District personnel files shall be used in available on only a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead need-to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action-know basis.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There 1. To the extent allowed by law, the official personnel file of each bargaining unit member shall be one (1) official District confidential and shall be maintained in the office of the Board. 2. A bargaining unit member shall have access to his/her personnel file for each employee. The material upon request when a Central Office administrator or designee is present in the official District Central Office. A representative of a bargaining unit member shall have access to said bargaining unit member's personnel file when said bargaining unit member requests such access in writing to the Superintendent/designee or his/her designee. 3. A bargaining unit member shall be considered and used notified as the only official soon as possible when there is a request to review his/her personnel record file by a member of the District in any proceeding affecting public and what, if anything, was provided to the status requesting person, and the name and address of the employee’s employment person requesting the file review, if known. Consistent with the Districtright of the requesting person to inspect public records, the member whose file has been requested to be inspected, or his or her designee, shall have a reasonable opportunity to observe the inspection. (b4. A bargaining unit member shall be entitled to a copy of any specific material(s) The in his/her file upon written request. 5. Letters or materials anonymous to the bargaining unit member or reports partially or entirely based on sources anonymous to the bargaining unit member shall not be placed in a bargaining unit member’s personnel file. 6. Information in the personnel file may be removed upon mutual agreement of the bargaining unit member and the administrator making the entry or by the bargaining unit member and the Superintendent/designee. 7. All material in the file shall be made available for the inspection of the employee to whom the file pertains except ratingsaccurate, reports or records which were (1) obtained prior to the employment of the employeerelevant, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluationtimely and appropriate. (c) Official District personnel files shall be available only to specifically designated persons8. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE Each bargaining unit member shall have the right to inspect the file except as provided respond in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required writing to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed any material contained in the file shall which would be clearly identified generally considered as detrimental to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written commentspersonal or professional interest, which and the response will be placed in the file attached to the derogatory documentspecific material. 9. Such written comments Bargaining unit members shall be submitted notified by school email within five three (53) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall days after material that could be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, considered detrimental is placed in the employee’s his or her personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Personnel Files. (a) There ‌ 32.1 Personnel files shall be one (1) official District personnel file for each employee. The material maintained in the official District personnel file confidence and shall be considered and used as the available for inspection only official personnel record to appropriate management or other designated employees of the District when such is actually necessary in any proceeding affecting the status proper administration of the District's affairs or the supervision of the employee’s employment with . All documents concerning a Unit member and included within the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employeemaintained by the District’s file, except as the result Office of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functionsResources. (d) An employee or designated representative of ECCE 32.2 Unit members shall have the right to inspect the file except as review their own personnel files, provided in subsection (b) of this Section upon written request by the employee. The review shall be that such reviews are made during normal business hours and at a time times when such employee is persons are not otherwise actually required to render service services to the District unless mutually agreeable District. A Unit member may also authorize other individuals to review their personnel files provided such authorization is made in writing and signed by the employee and Unit member before the employee’s ▇▇▇▇, Director or Managerreview is conducted. 32.3 Reviews of personnel files shall be by appointment and shall take place in the presence of and be supervised by authorized representatives of the District’s Office of Human Resources. Documents may not be removed from or entered into personnel files without the authorization of the Vice President of Human Resources. A Faculty member may request one (e1) Any item copy of materials in their personnel file per academic year at no cost. 32.4 All materials to be placed in the file personnel files shall be clearly identified as to its source submitted through the appropriate Vice President or originator designee for review and its date of receipt appropriate action. 32.5 Anonymous derogatory material that has been investigated and substantiated by the DistrictDistrict may be placed in a Unit member’s personnel file, subject to the terms of this article. (f) 32.6 Information of a derogatory nature, except that listed under subsection (b) of this Section, nature shall not be entered or filed into an employee’s personnel records unless and until the employee unit member is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice, in writing, and an opportunity to make his/her review and comment on that information. The unit member shall also receive a copy of such material. The unit member shall have the right to enter, and have their own written comments, which will be placed in the file comments attached to the any derogatory documentstatement. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee The unit member shall be released from duty for this purpose, if necessary, purpose without salary reduction. The review shall take place during normal business hours except during times when the employee is actually required to render services to the District. Unit members must submit written responses to the Office of Human Resources not later than ten (10) working days after receipt of a copy of such material. Such responses shall be attached to the material and placed in their personnel files. Responses not received within the ten (10) day period shall not be placed in the personnel file unless the ten (10)-day period has been extended by mutual written agreement between the Vice President of Human Resources or designee and the affected unit member. (g) When an employee requests32.7 Copies of personnel records may be released if legally required under subpoena; however, the District will seal, require reimbursement in accordance with District Administrative Procedures. 32.8 A Faculty member may request placement of materials relevant to the member’s assigned duties or professional responsibilities in the employeemember’s District personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There 22.01 Documents and materials used by the Employer in the professional assessment of an employee, except for documents and materials prepared for and used in the process of consideration for promotion or the granting of tenure/continuing appointment, shall be placed in one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with official personnel files. Official personnel files shall be kept only in the Districtoffice of the employee’s Faculty ▇▇▇▇/Principal/University Librarian, the Department of Human Resources, and the Office of the President. Normally only one (1) personnel file will be kept in any one of the above offices. When more than one (1) such file is held in an office, each file in that office shall carry a note indicating the existence of the other(s). 22.02 Employees shall have the right, during normal business hours and on reasonable notice in writing to the head of the office in question, to examine the file held in any of the offices in clause 22.01, subject to the following conditions: (a) The employee, or his/her duly authorized representative, shall be allowed to examine his/her personnel file only in the presence of a person designated by the head of the office in question. The employee shall not be permitted to remove the file or any part thereof from the office. (b) The material in the file shall be made available for the inspection of the An employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an all documents and materials to be used by the Employer in making professional assessments of that employee’s file, except as for: (i) documents and materials prepared for and used in the result process of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office consideration for promotion or the Vice President responsible granting of tenure/continuing appointment; (ii) documents and material prepared for human resources functionsand used in the process of consideration for awards and grants; and (iii) documents and material prepared for and used in the appointment to academic-administrative, or administrative, positions within the University, inside or outside the bargaining unit. (da) No anonymous material other than aggregated statistical information recorded in student evaluations shall be kept concerning any employee. (The raw data [e.g., questionnaires] from which this aggregate statistical information has been developed must be kept until the employee has had the opportunity to confirm the accuracy of these statistical aggregates.) (b) Other than as set out in clause 22.03(a) above no anonymous material shall be used in any process covered by the terms of this Collective Agreement and, if introduced, such evidence shall be sufficient in and of itself to invalidate the proceedings. 22.04 An employee or designated representative of ECCE shall have the right to inspect have included in his/her file(s), his/her written comments on the file except as provided accuracy or the meaning of any of the contents of the non-confidential portion of his/her file(s), and to add any relevant documents to the file(s). Material contained in subsection (bthe non-confidential portion of an employee’s file(s) of this Section upon written request may be removed from the file(s) only by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to mutual agreement of the employee and the head of the office in question. 22.05 An employee may, on written request and at his/her own expense, obtain copies of that part of his/her file(s) open to him/her. 22.06 Except as specified in this Agreement, documents and materials used by the Employer in the professional assessment of an employee, and the documents and materials prepared for and used in the process of consideration for promotion or the granting of tenure/continuing appointment of an employee, shall not be made available to third parties except in the performance of their duties under this Agreement and related University documents and policies, or except at the request of the employee. 22.07 The Employer shall be entitled to use in the course of its normal academic business data contained in the curricula vitarum of employees, subject to the employee’s agreement as to those portions of his/her curriculum vitae which may be so used. Employees shall, at the request of the ▇▇▇▇/Principal/University Librarian or designate, Director update and provide to the ▇▇▇▇/Principal/University Librarian or Manager. (e) Any item to be placed in the file designate annually their curricula vitarum, which shall be clearly identified as to its source or originator and its date include a statement of receipt by the District. (f) Information current research interests. Digital copies of a derogatory nature, except that listed under subsection (b) curricula vitarum of this Section, employees shall not be entered or filed unless required by the Employer. The parties agree to establish an ad hoc Joint Committee which shall attempt to define a mutually agreeable format and until procedure for the employee is given a copy collection from faculty by the Associate Vice-President Research of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory documentperiodic reports on current research activities. Such written comments The Joint Committee shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for comprise two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline representatives of the employee is appropriate. Association and two (h2) The Human Resources Office maintains representatives of the only official personnel file for each employee. Departments/Divisions may keep in general files notesEmployer (one of whom shall be the Associate Vice-President of Research), annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative shall report to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to parties within three (3) months of the employee prior to the commencement ratification of disciplinary actionthis Agreement.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Personnel Files. (a) ‌ 20.1 There shall be one (1) official District a single personnel file for each employee. The material Personnel files shall be kept in the official District personnel file shall be considered and used as the only official personnel record Human Resources Office of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material 20.2 Materials in the personnel file of an employee, except as noted below, shall be made available for inspection by the inspection employee involved. Employees shall have the right to inspect and obtain a copy of personnel file materials, upon request. Upon authorization by the employee, a CEU representative may review the employee's file or accompany the employee in review of the employee file. Material which may be excluded from inspection shall be limited (California Labor Code Section 1198.5): • Records relating to whom the file pertains except ratingsinvestigation of a possible criminal offense. • Letters of reference. Ratings, reports reports, or records which were (1) that were: obtained prior to the employment of the employee, (2) employee involved; were prepared by identifiable members of the screening examination committee involved in selection, members; or (3) were obtained in connection with a promotional evaluationexamination. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) 20.3 Information of a derogatory nature, except that listed under subsection (b) of this Sectionmaterial excluded in accordance with section 20.2 above, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make his/her own written commentsreview and comment thereon. An employee shall have the right to enter, which will be placed in the file and have attached to the any such derogatory documentstatement, their own comments thereon. Such written review, and any preparation of comments shall be submitted within five (5) working days. Such meeting and opportunity in response to write comments the material and/or statement, shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, purpose without salary reduction. This time for review and comment is limited to one (1) hour during normal business hours. 20.4 All material placed in an employee's personnel file shall be dated and signed by the person who prepared the material. Material shall be added in a timely fashion, and an effort will be made to add any materials within one (g1) When an month. No anonymous material shall be included in any employee’s file. 20.5 The contents of all personnel files shall be kept in strictest confidence except when law mandates release of certain information. Access authorization by anyone other than the employee requestsor designee must be obtained from either the Superintendent/President, the District will seal, in the employee’s administrator, the employee’s immediate supervisor, or designee. The District shall keep a log indicating the persons who have requested to examine a personnel file, information related to disciplinary matters which has existed in as well as the personnel file dates such requests were made. This log shall be available for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of examination by the employee is appropriateor their authorized CEU representative. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) 5.1 There shall be one (1) official District personnel file for each employeefaculty member. The material personnel file for each faculty member shall be maintained by the District in the Human Resources Department. The file shall consist of records of employment with the District, records of educational advancement, and other work experience pertaining to the status of the faculty member's employment with the District including leave forms, transcripts, recommendations, evaluations, correspondence pertaining to the member, and faculty service area designations. 5.2 Only materials in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s faculty member's employment with the District. (b) The material in the . This file shall be made available for the inspection of the employee only file used in any disciplinary or dismissal proceeding. 5.3 A faculty member may inspect his/her official personnel file or may, upon his/her written authorization, designate a representative to whom review the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours in the presence or absence of the faculty member. Where the member selects an Association representative to review the member's file, the Association and at a time when such employee faculty member agree to indemnify and hold harmless the District for any loss or damage whatsoever arising from operation of this subsection insofar as said loss or damage is not otherwise required to render service related to the Association representative reviewing the file. The District unless mutually agreeable agrees to be bound by applicable federal and/or state statutes concerning the privacy and confidentiality of such records and files. Access to the employee official District personnel file shall be limited to District administrators, supervisors, and authorized Human Resources Department staff. 5.4 The District shall keep a log indicating the persons (other than persons whose duty it is to maintain the files) who have examined a personnel file, as well as the date such examinations were made. No records (except payroll memos, TB reports, transcripts, credentials and faculty service areas) may be copied without the faculty member's written permission. Records shall be kept of any materials copied, indicating the number of copies and the employee’s ▇▇▇▇, Director or Managername and address of the person who received said copies. (e) 5.5 All reviews shall be done in the presence of a management or confidential employee or designee who shall be positioned in a manner ensuring confidentiality to the parties and security of the file. 5.6 Any item to be placed in the file shall be clearly identified identifiable as to its source or originator and its date of receipt by the District. (f) Information 5.7 Any material placed in a faculty member's personnel file must be signed and dated by the originator and the management person responsible for placing it in the file, and a 5.8 Only materials related to the faculty member's assigned duties or professional responsibilities shall be placed in the personnel file. In the case of derogatory materials related to a derogatory naturefaculty member's assigned duties or professional responsibilities, except that listed under subsection (b) of this Section, such material shall not be entered or filed placed in a faculty member's personnel file unless and until the employee faculty member is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make review, comment, and have such comments attached to the material in question. The faculty member has ten (10) working days to review and comment on any material of a derogatory nature before it is placed in his/her own written commentsfile. If additional time is needed, which will the faculty member may request a time extension from the Human Resources Department. Once material is placed into the file, a response may be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reductionat any time. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed 5.9 Materials not included in the personnel file include ratings, reports and records obtained prior to employment of the faculty member and any other materials related to application for two (2) years other positions in the District. 5.10 Upon the request of a faculty member, a copy of material to which he/she is entitled shall be made for him or moreher. 5.11 A faculty member may request, in writing, to have placed in his/her file such material as he/she determines may have a bearing on his/her position as a faculty member. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriatewill provide forms for this purpose. (h) The Human Resources Office maintains the only official 5.12 In accordance with Title V, Section 59024., personnel file for each employee. Departments/Divisions may keep in general files notesrecords are classified as records, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work productswhich must be retained permanently. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such no material in a timely manner relative faculty member's personnel file more than four (4) years old shall be used to the specific incident deny tenure, discipline, evaluate, dismiss or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actiontransfer a faculty member unless otherwise required by law.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There A. The District shall be one (1) not base any negative evaluation or involuntary transfer of an employee upon documentary materials that are not contained in such employee’s official personnel file. Moreover, the District shall not base any such action against an employee upon materials contained in such employee’s official personnel file for each employeeunless the District had, within ten (10) days after first coming into possession of the material, notified the employee that the material was to be placed in the file and given the employee an opportunity to comment thereon as provided below. The District may delay up to thirty (30) days the placement of such negative material in the official District personnel file in order to conduct a thorough investigation of the accuracy or validity of the material. In no event shall the material be placed in the file or the ten (10) day limit be exceeded without prior notice to the employee. B. An employee shall be considered provided a copy of and used access to any negative or derogatory material before it is placed in his/her official personnel file. He/she shall also be given an opportunity to make a written response. This response is to be attached to the copy of any derogatory material. C. Materials in personnel files of employees which may serve as the only official personnel record of the District in any proceeding basis for affecting the status of the employee’s their employment with the District. (b) The material in the file shall are to be made available for the inspection of the employee person involved. Such material is not to whom the file pertains except include ratings, reports reports, or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated personsexamination. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An Every employee or designated representative of ECCE shall have the right to inspect such materials in his own file upon request, provided that the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be is made during normal business hours and at a time when such employee person is not otherwise actually required to render service services to the District. D. Upon written authorization by the employee, a representative of the Association shall be permitted to examine and/or obtain copies of such material contained in said employee’s official personnel file. E. The person or persons who draft and/or place material in an employee’s official personnel file shall sign the material and signify the date on which such material was prepared and placed in the file. Information added to a teacher’s personnel file can only be teacher provided or information written by that teacher’s superior or professional consultant obtained under procedures outlined in Education Code Section 44942. F. The District unless mutually agreeable shall keep a log indicating the persons, with the exception of the payroll and personnel clerks, who have asked to examine a personnel file, as well as the date such requests were made. Such log shall be available for examination by the employee and or his/her Association representative, if so authorized by the employee. G. The District shall securely maintain the employee’s official personnel file in the District’s central office. ▇. ▇▇▇▇, Director or Manager. (e) Any item to be placed ▇▇▇▇▇▇ material in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed except file copies of the evaluation forms completed under Article VIII, “Evaluation of Employees,” shall be destroyed after remaining in the personnel file for two a period of three (23) years or moreyears. The District may unseal three (3) year limit for maintaining file copies of the evaluation forms under Article VIII can only be exceeded while suspension or termination proceedings under provisions of the Education Code are occurring, or the employee has been given written notice of unprofessional conduct or incompetency prior to filing charges with the governing board as required by Education Code Section 44938. This section shall only be applicable to the extent allowed by law or court order. I. Material contained in unofficial personnel files and review such material not placed in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may shall not be used in a disciplinary process without prior knowledge of and receipt of copies by the employeeaction or hearings or for job referrals. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to has corrected his/her faults and has overcome the specific incident or concern. The ▇▇▇▇grounds for the charge(s), Director, Manager or Supervisor then the three (3) year limit stated above shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionapply.

Appears in 2 contracts

Sources: 2018 19 Contract Agreement, Contract Agreement

Personnel Files. (a) There shall be one (1) official District 20.1 One personnel file for each employeeUnit Member shall be maintained by the personnel officer of the District. The material Management working files and grievance files shall be separate from the official personnel file of the Unit Member. 20.2 Materials in the official District personnel file shall be considered and used made available for inspection by the Unit Member upon request. 20.3 Materials in personnel files of employees, which may serve as the only official personnel record of the District in any proceeding a basis for affecting the status of the employee’s employment with the District. (b) The material in the file shall their employment, are to be made available for the inspection of the employee person involved. Every person shall have the right to whom inspect such materials upon request, provided that the file pertains except request is made at a time when such person is not actually required to render services to the District. 20.4 Such material is not to include ratings, reports reports, or records which that were (1) obtained prior to the employment of the employeeperson involved, (2) were prepared by identifiable members of the screening examination committee involved in selectionmembers, or (3) were obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall examination; except that the employee may have access to an employee’s file, except his or her numerical scores obtained as the a result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functionsexamination. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) 20.5 Information of a derogatory nature, except that listed under subsection (b) material mentioned in the immediately preceding paragraph of this Sectionarticle, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice thereof and an opportunity to make his/review and comment thereon. An employee shall have the right to enter and have attached to any such derogatory statement his or her own written comments, which will be placed in the file attached to the derogatory documentcomments thereon. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall review may take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, purpose for a reasonable period of time without salary reduction. (g) When 20.6 Subject to the above conditions, an authorized Association representative may accompany the employee requests, the District will seal, in inspecting the employee’s personnel 's personal file, information related to disciplinary matters which has existed in ; or may inspect the personnel file for two (2) years or more. The District may unseal provided he/she first presents a current written authorization to do so signed and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies dated by the employee. If An appointment shall be scheduled for such review as soon as practicable. 20.7 In the event the employee or his authorized representative requests copies of non-confidential materials, the District may charge the actual copying cost to the employee. 20.8 All material placed in a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use unit member's file shall be dated and signed by the person who caused the material to be prepared. 20.9 Material in the disciplinary processfile, which is grieved under this contract, may be subject to removal as part of the ordered or agreed upon remedy. 20.10 Material in management working files on a unit member shall be available for inspection by the unit member or his/her authorized Association representative. "Authorized" means the employee must has executed written permission for the representative to view the file. Material submitted in confidence may be given sealed off and a copy placed in the file, which deletes reference to the identity of the writer or source of the material. The existence of such material working files in a timely manner relative no way abrogates management's responsibility to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionfollow proper discipline procedures.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There shall be A. The City will maintain one (1) official District personnel file for each (“Personnel File”) on an employee, which will be maintained by Human Resources. Supervisors may keep working supervisory files on the performance and conduct of employees. B. Records in an employee’s Personnel File may be removed from an employee’s Personnel File pursuant to the City’s document retention schedule, if allowed under the law. C. An employee shall be notified if an adverse comment is entered in their personnel file. An employee shall have fourteen (14) calendar days within which to file a written response to any adverse comment entered in their personnel file. The material in the official District personnel file written response shall be considered attached to, and shall accompany, the adverse comment. D. Per California Labor Code 1198.5, the City shall make available to an employee personnel records that are used as or have been used to determine that employee's qualifications for employment, promotions, additional compensation, transfer, or disciplinary action. Upon the only official personnel record employee’s request, the records will be made available during usual business hours, at reasonable intervals, with no loss of compensation to the District in employee. E. Notwithstanding any proceeding affecting the status other provisions of this Article, an employee is not entitled to inspect, review or copy reference letters, background investigations, and records pertaining to investigation of a possible criminal offense. F. If, after examination of the employee’s employment with 's personnel file, the District. (b) The material employee believes that any records within their personnel file are mistakenly or unlawfully placed or removed in the file, the employee may request, in writing, that the mistaken or unlawful portion be corrected, restored, or deleted. Any request made pursuant to this Section F, shall include a statement by the employee describing the corrections or deletions from the personnel file requested and the reasons supporting request. A statement submitted pursuant to this Section F, shall be made available for the inspection become part of the employee to whom the personnel file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee. 1. Within thirty (30) calendar days of receipt of a request made pursuant to this Section F, (2) prepared by identifiable members the City shall either grant the employee's request or notify them of the screening committee involved decision to refuse to grant the request. If the City refuses to grant the request, in selectionwhole or in part, or (3) obtained the City shall state in connection with a promotional evaluationwriting the reasons for refusing the request, and that written statement shall become part of the personnel file of the employee. (c) Official District personnel files 2. The City’s decision pursuant to this Section F shall not be available only subject to specifically designated persons. No other party shall have access the grievance procedure or further appeal. G. In addition to all adverse comments placed in an employee’s file, except as all corrective H. If the result allegations of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the complaint into an employee’s file by any person misconduct are not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.sustained

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Personnel Files. (a) There shall be one (1) official District A. The personnel file for each employeebargaining unit member shall consist of a folder to be maintained in the Central Administration Office. This folder shall be considered the only official file of recorded information on a bargaining unit member and shall be considered confidential. The material bargaining unit member must be notified within 24 hours of any request to access his/her file. B. Bargaining unit members shall have access to their personnel files upon demand and in accordance with the following procedures: 1. Access shall be granted during regular office hours at the earliest feasible mutually agreeable time within 24 hours. 2. Records shall be examined only in the official District presence of the Superintendent or his designee and shall not be removed from the immediate office area. 3. Members of the administration authorized to have access to a bargaining unit member's personnel file shall be considered limited to the Board, the Superintendent, the building principal(s) directly supervising that bargaining unit member, and used as other administrators who have a legitimate district-related reason. C. All materials shall be placed in the only official personnel record file of bargaining unit members in accordance with the following provisions: 1. Each item shall be dated. 2. The fact that material bears the signature of the District in any proceeding affecting bargaining unit member concerned does not indicate his or her disagreement or agreement with the status contents. Rather, it indicates that the bargaining unit member is aware of the employee’s document. 3. A bargaining unit member shall be entitled to a copy of any material in his or her file at his or her expense. 4. A reprimand is a written warning or written reprimand that is to be placed in a bargaining unit member's personnel file. A written reprimand shall be given to the bargaining unit member before a copy of it is placed in his or her personnel file. If the bargaining unit member submits a written statement to be attached to the reprimand, the appropriate administrator shall review the statement and then attach it to the copy of the reprimand in the file. No reprimand shall be issued without just cause. 5. Anonymous materials shall not be placed in a bargaining unit member's file. D. All documents relevant to the bargaining unit member's employment with the District. (b) The Board may be maintained in the bargaining unit member's personnel file, including but not limited to transcripts of college work, copies of certification by the Ohio Department of Education, copies of observations and evaluation reports, copies of general conference reports, anecdotal records, records of assigned duties, supplemental duties, years of service in the district, in-service training data, prior employment verification, selective service records and military records, salary information, written reprimands, letters of merit or award, and medical records. If and when a bargaining unit member and the Superintendent or his/her designee agree that there is adequate evidence that certain material in said bargaining unit member's official file is irrelevant, inappropriate or false, such material shall be removed from the file shall be made available for the inspection of the employee to whom or corrected. In any case, if a bargaining unit member feels that the file pertains except ratingscontains information that is inaccurate, reports irrelevant, outdated or records which were (1) obtained prior to the employment of the employeeincomplete, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE such bargaining unit member shall have the right to inspect attach a written statement to the file except as provided in subsection (b) of this Section upon written request by the employeedisputed information. The review Board shall be made during normal business hours and at pay replacement costs of any official college transcript that is lost from personnel files. If the Superintendent or Board issues a time when such employee is not otherwise required letter of merit or award to render service to a bargaining unit member, a copy of the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to letter shall be placed in the personnel file of the bargaining unit member. E. Upon a member's written request, any written warnings, reprimands, or complaints shall be clearly identified as to its source or originator removed from a bargaining unit member's personnel file and its date of receipt by removed on the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy third anniversary of the document and date on which the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be material was placed in the file attached provided that no other warning, reprimand, or complaint is placed in the bargaining unit member's personnel file in the intervening time. Written warnings and reprimands concerning sexual harassment or undue use of physical force or violence (including improper use of corporal punishment) shall be destroyed only if the Superintendent expressly consents to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reductiondestruction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) 20.1 There shall be one (1) official District a single personnel file for each employee. The material Personnel files shall be kept in the official District personnel file shall be considered and used as the only official personnel record Human Resources Office of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material 20.2 Materials in the personnel file of an employee, except as noted below, shall be made available for inspection by the inspection employeeinvolved. Employeesshall have the right to inspect and obtain a copy of personnel file materials, upon request. Upon authorization by the employee, a CEU representative may review the employee's file or accompany the employeein review of the employee file. Material which may be excluded from inspection shall be limited (California Labor Code Section 1198.5): • Records relating to whom the file pertains except ratingsinvestigation of a possible criminal offense. • Letters of reference. Ratings, reports reports, or records which were (1) that were: obtained prior to the employment of the employee, (2) employee involved; were prepared by identifiable members of the screening examination committee involved in selection, members; or (3) were obtained in connection with a promotional evaluationexamination. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) 20.3 Information of a derogatory nature, except that listed under subsection (b) of this Sectionmaterial excluded in accordance with section 20.2 above, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make his/her own written commentsreview and comment thereon. An employeeshall have the right to enter, which will be placed in the file and have attached to the any such derogatory documentstatement, their own comments thereon. Such written review, and any preparation of comments shall be submitted within five (5) working days. Such meeting and opportunity in response to write comments the material and/or statement, shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, purpose without salary reduction. This time for review and comment is limited to one (1) hour during normal business hours. 20.4 All material placed in an employee's personnel file shall be dated and signed by the person who prepared the material. Material shall be added in a timely fashion, and an effort will be made to add any materials within one (g1) When an month. No anonymous material shall be included in any employee’s file. 20.5 The contents of all personnel files shall be kept in strictest confidence except when law mandates release of certain information. Access authorization by anyone other than the employee requestsor designee must be obtained from either the Superintendent/President, the District will seal, in the employee’s administrator, the employee’s immediate supervisor, or designee. The District shall keep a log indicating the persons who have requested to examine a personnel file, information related to disciplinary matters which has existed in as well as the personnel file dates such requests were made. This log shall be available for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies examination by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionemployeeor their authorized CEU representative.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There The Employer and the Union agree that the Employer shall be one (1) official District maintain personnel file for each employeerecords. The material Employee will advise Human Resources Services (HR) immediately if there is any change in the official District personnel file shall be considered and used personal data, such as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the Districtname, address or telephone number. (b) The material in the personnel file shall be made available for the inspection Employee shall include items concerning the record of employment including, but not limited to, the employee to whom the file pertains except ratingsoriginal application form, reports or records job posting, job description, salary history, and all other related job evaluation documentation as well as any documentation in accordance with Article 12 and Article 13, all of which were (1) obtained prior is normally copied to the employment of Employee concurrent with their addition to the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluationfile. (c) Official District Employees shall have the right to examine their personnel files shall file in the presence of a member of Human Resources Services staff, by appointment. Upon request and within 5 Working Days following the request, Employees will be available only provided with a photocopy of any requested documents from their file. The Employee is free to specifically designated personspoint out any alleged factual errors and proven errors will be corrected. No other party shall On the same basis, an Employee will have access to an employee’s her Employee Health/Return-to Work file, except as Employee Medical file, and the result file containing her personal information held by her Supervisor. (d) Upon receipt of a written request from the Employee, Human Resources Services will confirm that all warnings and suspensions have been destroyed in accordance with Article 12. (e) Employees may supplement the contents of their personnel files with documents related to their employment by forwarding such documents to Human Resources Services. (f) Employees will notify Human Resources Services of changes in information related to spouses and dependents necessary to administer benefits. (g) Subject to legal proceedingand/or statutory requirements, without when Human Resources Services receives requests from an external agency for personal or employment related information regarding an Employee, it will confirm employment only. Additional information shall only be divulged with the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functionsEmployee. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Personnel Files. (a) There 18.1 The main, permanent personnel file of each employee shall be maintained at the County Office Administration Office. Any file kept by a supervisor of any employee shall not contain any material that is not in the main, permanent file which would result in any adverse action being taken against an employee based upon material which is not in the main, permanent personnel file. 18.2 Employees shall be provided with copies of any written material before it is placed in the employee's main, permanent personnel file. The employee shall be given an opportunity to initial and date the material and to prepare a written response to such material. The written response must be submitted within ten (10) working days and shall be attached to the material. 18.3 An employee shall have the right to examine and/or obtain one (1) official District copy of any material from the employee's main, permanent personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The exception of material in the file shall be made available for the inspection of the employee to whom the file pertains except ratingsthat includes rating, reports reports, or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluationemployee involved. (c) Official District 18.4 All personnel files shall be kept in confidence and shall be available for inspection only to specifically designated persons. No other party shall have access to an the employee’s file, except as 's immediate supervisor and management employees of the result County when actually necessary in the proper administration of a legal proceeding, without the written authorization County's affairs or the supervision of the employee. The Human Resources Office County shall maintain keep a log indicating the persons who have examined a main, permanent personnel file, as well as the date such examinations were made. Such log and the employee's main, permanent personnel file shall be available for examination by the employee or his/her representative if authorized by the employee in writing. The log shall be maintained in the employee's main, permanent personnel file. 18.5 Any person who places written material or drafts written material for placement in an employee's main, permanent file shall sign the material and signify the date on which such material was drafted. Any written materials placed in a main, permanent personnel file shall indicate on the material the date of access such placement. 18.6 No disciplinary action shall be taken for any cause which arose prior to the employee’s file by becoming permanent, nor for any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, cause which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for arose more than two (2) years or more. The District may unseal and review such material in preceding the event it otherwise determines that discipline date of the filing Notice of Cause unless such cause was concealed or not disclosed by such employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may when it could reasonably be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, assumed that the employee must be given a copy of such material in a timely manner relative should have disclosed the facts to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionEmployer.

Appears in 2 contracts

Sources: Articles of Agreement, Articles of Agreement

Personnel Files. (a) There shall be one (1) A. The official District personnel file for each employeefaculty member shall be maintained in the office of the appropriate ▇▇▇▇ or director. The contents of this file, at the sole discretion of the University except as otherwise provided in this Article, may include the types of material listed below, as well as other materials: 1. Documents submitted by the faculty member or placed in his/her file at his/her request. 2. Documents concerning the individual's employment history at the University and all records of personnel decisions affecting his/her compensation or employment status. 3. Materials assembled in accordance with University Regulations, practices and policies, or the terms of this Agreement concerning the evaluation, reappointment, promotion, or tenure of each faculty member, with the exception of outside confidential letters of recommendation. B. The official personnel file for each teaching/graduate assistant shall be maintained in the office of the appropriate ▇▇▇▇ or director. C. Any member of the bargaining unit may have access to all documents in his/her official District personnel file, including internal evaluations related to the individual, and may add to those records such materials as the individual believes necessary to give a reasonable representation of the individual’s record. D. The official personnel file shall be considered available for examination by the bargaining unit member who shall be entitled to review it at reasonable hours upon written request and used as to purchase copies of any or all materials contained therein. E. When a personnel action has been initiated by a department or other appropriate body, access to the only promotion forms related to that action will not be available to the faculty member until that personnel action has been completed. F. No material may be added to the official personnel record of file more than one year after its receipt by the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee academic officer to whom the file pertains material is originally directed except ratings, reports or records which were (1) obtained prior according to the employment procedure outlined below: 1. The academic officer who wishes to add material more than one year after its receipt shall provide an accompanying written explanation for the addition of the employee, (material. 2) prepared by identifiable members . The faculty member shall have the opportunity to appeal to the ▇▇▇▇ the addition of material added to his/her official personnel file more than one year after its receipt. 3. The faculty member may appeal the decision of the screening committee involved ▇▇▇▇ to the appropriate ▇▇▇▇▇▇▇. G. If a bargaining unit member believes that material necessary to give a reasonable representation of his/her record exists elsewhere, the bargaining unit member may apply in selectionwriting to his/her ▇▇▇▇▇▇▇, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only New Brunswick to specifically designated persons. No other party shall have access to an employee’s filethe Executive Vice President for Academic Affairs, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of requesting access to the employee’s file by any person not assigned material. This request must specify, to the Human Resources Office best of the faculty member's knowledge, the nature of the material and its location within the University. Within 15 working days of such request, the ▇▇▇▇▇▇▇ or the Executive Vice President responsible for human resources functionsAcademic Affairs, or his/her designee shall respond by either: 1. Producing the material requested, or 2. Certifying in writing that to the best of his/her knowledge the alleged material does not exist, or that it exists but does not belong in the faculty member's official personnel file. Such certification shall be placed in the official personnel file and shall serve to preclude the use of such material in any personnel action. (d) An employee or designated representative of ECCE H. The bargaining unit member shall have the right to inspect the file except as provided in subsection (b) of this Section upon prepare a written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required response to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed any document in the official personnel file shall be clearly identified as to its source or originator and its date of receipt by which the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make bargaining unit member believes reflects negatively on his/her own abilities or performance. The written comments, which response will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by if the employee. If a response is provided to the ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use ▇ with the explicit request that it be placed in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionofficial personnel file.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There 22.01 Documents and materials used by the Employer in the professional assessment of an employee, except for documents and materials prepared for and used in the process of consideration for promotion or the granting of tenure/continuing appointment, shall be placed in one of the employee’s official personnel files. Official personnel files shall be kept only in the office of the employee’s Faculty ▇▇▇▇/Principal/University Librarian, the Department of Human Resources, and the Office of the President. Normally only one (1) official District personnel file for will be kept in any one of the above offices. When more than one such file is held in an office, each file in that office shall carry a note indicating the existence of the other(s). 22.02 Employees shall have the right, during normal business hours and on reasonable notice in writing to the head of the office in question, to examine the file held in any of the offices in clause 22.01, subject to the following conditions: (a) The employee, or his/her duly authorized representative, shall be allowed to examine his/her personnel file only in the presence of a person designated by the head of the office in question. The material in employee shall not be permitted to remove the official District personnel file shall be considered and used as or any part thereof from the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the Districtoffice. (b) The material in the file shall be made available for the inspection of the An employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an all documents and materials to be used by the Employer in making professional assessments of that employee’s file, except as for: (i) documents and materials prepared for and used in the result process of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office consideration for promotion or the Vice President responsible granting of tenure/continuing appointment; (ii) documents and material prepared for human resources functionsand used in the process of consideration for awards and grants; and (iii) documents and material prepared for and used in the appointment to academic-administrative, or administrative, positions within the University, inside or outside the bargaining unit. (da) No anonymous material other than aggregated statistical information recorded in student evaluations shall be kept concerning any employee. (The raw data [e.g., questionnaires] from which this aggregate statistical information has been developed must be kept until the employee has had the opportunity to confirm the accuracy of these statistical aggregates.) (b) Other than as set out in 22.03(a) above no anonymous material shall be used in any process covered by the terms of this Collective Agreement and, if introduced, such evidence shall be sufficient in and of itself to invalidate the proceedings. 22.04 An employee or designated representative of ECCE shall have the right to inspect have included in his/her file(s), his/her written comments on the file except as provided accuracy or the meaning of any of the contents of the non-confidential portion of his/her file(s), and to add any relevant documents to the file(s). Material contained in subsection (bthe non-confidential portion of an employee’s file(s) of this Section upon written request may be removed from the file(s) only by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to mutual agreement of the employee and the head of the office in question. 22.05 An employee may, on written request and at his/her own expense, obtain copies of that part of his/her file(s) open to him/her. 22.06 Except as specified in this Agreement, documents and materials used by the Employer in the professional assessment of an employee, and the documents and materials prepared for and used in the process of consideration for promotion or the granting of tenure/continuing appointment of an employee, shall not be made available to third parties except in the performance of their duties under this Agreement and related University documents and policies, or except at the request of the employee. 22.07 The Employer shall be entitled to use in the course of its normal academic business data contained in the curricula vitarum of employees, subject to the employee’s agreement as to those portions of his/her curriculum vitae which may be so used. Employees shall, at the request of the ▇▇▇▇/Principal/University Librarian or designate, Director update and provide to the ▇▇▇▇/Principal/University Librarian or Manager. (e) Any item to be placed in the file designate annually their curricula vitarum, which shall be clearly identified as to its source or originator and its date include a statement of receipt by the District. (f) Information current research interests. Digital copies of a derogatory nature, except that listed under subsection (b) curricula vitarum of this Section, employees shall not be entered or filed unless required by the Employer. The parties agree to establish an ad hoc Joint Committee which shall attempt to define a mutually agreeable format and until procedure for the employee is given a copy collection from faculty by the Associate Vice-President (Research) of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory documentperiodic reports on current research activities. Such written comments The Joint Committee shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for comprise two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline representatives of the employee is appropriate. Association and two (h2) The Human Resources Office maintains representatives of the only official personnel file for each employee. Departments/Divisions may keep in general files notesEmployer (one of whom shall be the Associate Vice-President of Research), annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative shall report to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to parties within three (3) months of the employee prior to the commencement ratification of disciplinary actionthis Agreement.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Personnel Files. A. Each UNIVERSITY shall maintain one (a1) There confidential complete official personnel file for each COACH. No anonymous material shall be placed in the official personnel file. A COACH upon their request shall have the right to receive a copy of material placed in the personnel file by management personnel. B. In addition, there may be one (1) official District personnel pre-employment file for each employeethat shall be confidential and shall contain letters of reference and recommendations and/or material related thereto secured from sources outside the UNIVERSITY. The material in At the time of the granting of the initial ROLL-OVER CONTRACT OF EMPLOYMENT that may be renewed annually one additional year, all letters of reference and recommendations shall be destroyed unless otherwise required by law or if there is a pending legal action and academic credentials shall be transferred to the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the Districtfile. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE C. A COACH shall have the right to inspect make such additions or responses to the material contained in their official personnel file as they shall deem necessary. Only material that is directly related to the COACH’S work performance shall be included in the confidential personnel file. A. A COACH shall have access to their official personnel file during regular office hours, provided that there shall be no undue interference with the normal routine of the office. Under no circumstances shall the official personnel file be removed from the office by the COACH, and their access to the file except shall be only in the presence of someone in authority in the office. B. In addition to the COACH, only the Chancellor, President and their designees shall have access to the official personnel file without the express written approval of the COACH. The President and their designees shall be responsible for the placement of material in, and the removal of material from, the official personnel file. C. The COACH shall have no right of access to the official confidential pre- employment file. D. APSCUF shall have access to the official personnel file of a COACH at reasonable times during regular office hours, after having given reasonable notice, provided APSCUF first shall have obtained the express written approval of that COACH. Section 3. If the official personnel file is duly subpoenaed in accordance with law, the COACH shall be notified at the earliest possible time. Section 4. Other Rules for the Official Personnel File of Each COACH A. No material derogatory to a COACH’S conduct, such as provided service, character, or personality, shall be placed in subsection (b) of this Section upon written request the COACH’S official personnel file unless the COACH has had an opportunity to read the material first. The COACH shall acknowledge that they have read the material by affixing their signature and the date signed on the material to be filed. B. A statement indicating that the understanding is that such a signature merely signifies that the material has been read and does not necessarily indicate agreement with its content shall be included on all such material. If a COACH refuses to affix their signature on any such material, a statement to the effect that the COACH was shown the document and refused to sign it shall be entered on the document and signed and dated by the employeeinitiator. If the COACH refuses to sign, the material shall also be signed and dated by an appropriate witness. The review custodian of the record shall be made during normal business hours responsible for obtaining the COACH’S signature and at a time when such employee for entering the appropriate statement on the copy of the document that is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file COACH’S official personnel file. C. Any material in a COACH’S official personnel file, not acknowledged as described above, that the COACH deems derogatory, shall be clearly identified as removed from the file at the COACH’S request. D. Derogatory material not brought to the COACH’S attention within ten (10) college calendar days after its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, official custodian shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached COACH’S official personnel file. The COACH has a right to the answer any material that is derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hoursa COACH’S conduct, and the affected employee COACH’S response shall be released from duty for this purpose, if necessary, without salary reductionplaced in the file. (g) When an employee requestsE. The performance evaluations shall be permanent documents included in the Official Personnel Folder, and these evaluations shall consist only of documents related to performance evaluations that were made in accordance with the required procedures of the collective bargaining agreement in effect at the time which the evaluation was made. F. In the case of letters of caution, reprimand, admonishment, or warning that are temporary material to be retained in the Official Personnel File/Folder, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employeefollowing policy shall apply. If a ▇▇▇▇COACH has had no reprimand during any six (6) year period, Directorall reprimands shall be removed from the file. If a COACH has had reprimand(s) within any six (6) year period, Manager or Supervisor obtains written materials or it (they) shall remain as well as all prior reprimands. G. When a person is authorized to review an Official Personnel File, they will be required to enter the following information which may lead to, or is intended in a log: name of the COACH whose records are being reviewed; date and reason for use the review; signature of the person reviewing the file. The custodian shall also initial the withdrawal and return of the Official Personnel File/Folder. The custodian of the Official Personnel File shall be responsible for the maintenance of this log and for the maintenance and contents of the Official Personnel File in accordance with established procedure and policy. The log indicating those who have reviewed the file with provision for both the reviewer and the custodian to acknowledge signing out and signing in shall be retained in the disciplinary process, the employee must be given appropriate Official Personnel File on a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionpermanent basis.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There shall be one (A. Personnel Files & Records 1) official District . “Personnel files and personnel file for each employee. The material in the official District personnel file shall be considered records maintained by building administrators are exempt from disclosure as provided under ORS 192.345 and used as the only official personnel record 192.355 and by agreement of the District in any proceeding affecting the status of the employee’s employment with Association and the District. (b) The material in the file 2. Personnel files for each employee shall be made available for kept in a central location: such files are confidential: a. Employees will have the inspection right upon request, to review the contents of the employee their personnel file and to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment obtain a copy of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluationany documents contained therein. (c) Official District personnel files b. The employee shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) view confidential letters of this Section upon written request reference received by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable prior to the employee and the employee’s ▇▇▇▇, Director or Managerbeing hired. (e) Any item to c. An employee will be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity entitled to have a meeting concerning representative accompany him or her during such review of the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reductionpersonnel file. (g) When an d. The employee requests, will have the District will seal, right to attach a written statement to any written material placed in the employee’s personnel file, information related . e. The employee will acknowledge the opportunity to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in by signing the event it otherwise determines copy to be filed, with the express understanding that discipline such signature does not signify agreement with the content of the employee is appropriatematerial. f. Only materials provided to the employee will be used for purposes of discipline or termination of employment. 3. Personnel records (h) The Human Resources Office maintains administrator working files), including anecdotal notes pertaining to the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies supervision and evaluation of correspondence, and/or maintain copies of unacceptable work products. However, none of these employees may be used in a disciplinary process without prior knowledge of and receipt of copies maintained by the employeesupervising administrator at the school site. a. These personnel records are exempt from disclosure pursuant to 19: A.1. If a ▇▇▇▇above. b. Employees will have the right upon request, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in to review the disciplinary process, contents of the employee must be given administrator working file and to obtain a copy of such any documents contained therein. c. The employee will have the right to attach a written statement to any written material placed in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall working file maintained by the administrator. d. Evidence from the Administrative working file not use materials or information which have not been previously provided made known to the employee prior to the commencement notification of disciplinary the demotion, discipline or other involuntary change in the employment status will not be used by the Board as a basis for its action. 4. Disclosure of materials contained in an employee’s personnel file or from personnel records maintained by administrators shall be made only with the express written permission of the effected employee and the District, or by court order, or by lawful subpoena by a government agency. Release of information contained in employee personnel files and personnel records to state agencies or to exclusive bargaining representative in accord with the lawful functioning of those agencies, shall not be construed as a waiver of the confidentiality of employee personnel files and records. Disclosure of any single document contained in a personnel record or file shall not be construed as a waiver of remaining documents in the personnel file or records.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There shall be 11.1 A member’s one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered maintained by the District, be located in the Human Resources Department, and used as contain the only official personnel employment record of the District in any proceeding affecting the status of the employee’s employment with the Districtmember. 11.2 Members shall have the right to examine and/or obtain copies of all materials (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) those obtained prior to the employment of the employeeemployment, (2) those prepared by identifiable examination committee members of the screening committee involved in selection, or (3) and those obtained in connection with a promotional evaluationexamination) contained within the official personnel file. A member shall not be released from his/her primary assigned work hours to review his/her personnel file. When the member’s work hours outside of the primary assignment do not correspond with normal business hours of the Human Resources Department, the member may contact the Associate Vice Chancellor of Human Resources or designee to arrange a mutually agreeable time when the member may review the file. (c) Official 11.3 The member shall review their personnel file in the presence of a confidential employee. 11.4 Upon written request, members from Mission College may request that a confidential employee from the Human Resources Department coming from West Valley deliver the requester’s personnel file to Mission College. 11.5 Information from the official personnel file shall not be released without member consent unless compelled by law, judicial order or subpoena or by authorized District personnel files or public agency officials having legitimate business that justifies such inspection. Such release of information shall be available only at the sole discretion of the Associate Vice Chancellor of Human Resources. 11.6 Members may, in writing, authorize a WVMFT, AFT 6554 representative or other designee to specifically designated persons. No other party shall have access to review and/or obtain copies of documents contained in their official personnel file. In so authorizing, the member agrees to indemnify and hold harmless the District from any and all claims, demands, suits or any other actions arising from such access orreview. 11.7 The District shall retain as confidential all pre‐employment materials or other data as exempted by law, e.g., materials obtained or prepared prior to employment, or materials obtained while the member was an employee’s applicant or candidate for another District position. Such materials include, but are not limited to, recommendation letters and pre‐employment interview materials. 11.8 Anonymous materials shall not be placed in the personnel file, except as the result . 11.9 Information of a legal proceeding, without derogatory nature shall not be entered into a member’s personnel records unless and until the written authorization of the employeemember is given notice and an opportunity to review and comment on that information. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE member shall have the right to inspect enter, and have attached to any derogatory statement, his or her own comments. A member shall not be released from his/her primary assigned work hours to review his/her personnel file. When the file except as provided in subsection (b) member’s work hours outside of this Section upon written request by the employee. The review shall be made during primary assignment do not correspond with normal business hours and at of the Human Resources Department, the member may contact the Associate Vice Chancellor of Human Resources or designee to arrange a mutually agreeable time when such employee the member may review the file. 11.10 Where a member believes any record or portion is inaccurate, not otherwise required to render service to relevant, timely, or complete, the member may request correction of the material. Requests for correction of materials shall be in writing and include a justification. The written request shall, at the option of the member, be included in the official personnel file. Materials involving performance appraisal, discipline and official procedures shall not be deleted but may, where justified, be corrected. 11.11 Disciplinary action shall not be imposed on the basis of District unless mutually agreeable to personnel records not contained in the employee and official personnel file, consistent with the employee’s principles of the California Supreme Court decision of ▇▇▇▇, Director ▇▇ vs. Chico. Nothing contained herein shall be used to exclude otherwise relevant evidence from being received in any judicial or Manageradministrative adjudication. (e) Any item 11.12 The District shall retain after resignation, retirement or dismissal only those records required by law. 11.13 No decision relating to be placed in the file dismissal or suspension of any member shall be clearly identified as made based on charges or evidence of any nature relating to its source or originator and its date of receipt by the District. matters occurring more than four (f4) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy years prior to filing of the document and disciplinary notice. (Education Code §87675) 11.14 This article does not apply to non‐personnel records such as payroll records, attendance records, Board minutes, student records, interoffice ormember‐to‐ member communications not part of the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s official personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.Reference Education Code §87031

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There shall 1. Except for material pertaining directly to their work performance or such other matters that may be one (1) official District personnel file cause for each employee. The suspension or dismissal under the School Code, no material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access derogatory to an employee’s fileconduct, except as service, character or personality shall be placed in the result official personnel file of a legal proceeding, without the written authorization of the such employee. The Human Resources Office shall maintain ▇▇▇▇­ ▇▇▇▇ relating to work performance, suspension or dismissal may be reduced to writing and maintained, only if it is signed by a log of access person competent to know the facts or make the judgment and only if the employee has been given an oppor­ tunity to read the material promptly following its receipt or formulation. Any anonymous material placed in an employee’s file by any person not assigned prior to the Human Resources Office execution of this Agreement shall at such employee’s request be removed therefrom, and shall be given no weight or the Vice President responsible consideration for human resources functionsany disciplinary purpose. (d) An 2. The employee or designated representative of ECCE shall have the right to inspect answer any material now in their file as well as any material filed hereafter, and their answer shall be attached to the file except as provided in subsection (b) of this Section upon written copy. 3. Upon request by the employeeemployee and their identification, they shall be per­ mitted to examine their file. The review employee shall be made during normal business hours and at indicate in a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item writing to be placed in their file that they have examined the file shall be clearly identified as to its source or originator and its date of receipt by the Districtsame. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document4. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected An employee shall be released from duty for this purposepermitted conveniently to reproduce at the School District’s expense, if necessary, without salary reductionon the School District’s premises any material in their file. (g) 5. Only those personnel who have an official right and reason for doing so may inspect an employee’s file. When an employee requestsemployee’s file is inspected by such a person, they shall indicate that they had examined the District will seal, same by a writing given to the supervisor of personnel files who shall be responsible for placing it in the file. 6. Administrators shall be encouraged to place in the employee’s personnel filefile infor­ mation of a positive nature indicating special competencies, information related to disciplinary matters which has existed achievements, per­ formances or contributions of an academic, professional or civic nature. Any such materials received from outside, competent, responsible sources shall also be included in the personnel file for two (2) years or moreemployee’s file. 7. The District may unseal and review such material Material not in the event it otherwise determines that discipline of employee’s official file may not be used against the employee is appropriatefor any purpose. (h) The Human Resources Office maintains the only official personnel file for each employee8. Departments/Divisions may keep in general files notesWhen an employee has received an unfavorable anecdotal record(s), annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Directorupon application after eighteen (18) months, Manager can have such records and all related memos and documents, with the exception of letters of suspen­ sion or Supervisor obtains written materials or information which may lead todemotion, or is intended for use in the disciplinary processpersonnel transaction forms and state rating forms, destroyed if the employee must be given has not had a copy similar and/or related unfavorable anecdotal record(s) during said eighteen (18) month period. Leaves of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.absence for any

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There 4.1.1 The personnel file of each employee shall be one (1) official District personnel maintained at the Superintendent’s central administration office. 4.1.1.1 A Licensing file for each employee. The material containing everything legally required to be in the official District personnel such file shall be considered and used as the only official personnel record of the District kept for each employee in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or Department. Derogatory material not on file in the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE Superintendent’s central administrative office shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the Licensing file or in any file maintained by any supervisor or manager. 4.1.2 Employees shall be clearly identified as to its source or originator and its date provided with copies of receipt by the District. any derogatory written material ten (f10) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee days before it is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file. The employee shall be given an opportunity during normal working hours, information related not to disciplinary matters which exceed one (1) hour with arrangement with the employee’s immediate supervisor, to prepare a written response to such material. The written response, if any, shall be attached to the material. 4.1.2.1 If an employee believes that any derogatory material placed in his/her file is factually or legally unjustified, the employee has existed the right to schedule a meeting regarding the derogatory materials placed in the files with his/her supervisor. If the disagreement is not resolved by the meeting with his/her supervisor, the employee has the right to contact Human Resources and schedule a meeting regarding the matter. The employee may bring a union representative to this meeting. 4.1.3 All personnel files shall be kept in confidence and shall be available for inspection to employees of the Superintendent only when actually necessary in the proper administration of YCOE affairs or the supervision of the employee. The Superintendent or Designee shall keep a log indicating the persons who have examined a personnel file as well as the date such examinations were made. Such log and the employee’s personnel file shall be available for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of examination by the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departmentsor his/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies her AFSCME representative if authorized by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use The log shall be maintained in the disciplinary process, employee’s personnel file. 4.1.4 Any person who places written material or drafts written material for placement in an employee’s file shall sign the employee must be given material and signify the date on which such material was drafted. Any written material placed in a copy personnel file shall indicate the date of such placement. 4.1.5 No derogatory material in a timely manner relative to personnel files which is more that two years old shall be used as the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of basis for any disciplinary action.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There 20.1.1 The personnel file of each employee shall be one (1) official District maintained at the District's Office of Human Resources. Any files kept by an immediate supervisor of any employee shall not contain any material that is not in the main personnel file that would serve as a basis for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of said employee's continued employment. 20.1.2 Information of a derogatory nature shall not be entered or filed unless and until the employee is given notice and an opportunity to review and comment thereon. The employee shall be given an opportunity during normal working hours and without loss of pay to initial and date the material and to prepare a written response to such within ten (10) workdays. Police Officers shall have thirty (30) days to provide a written response to any adverse comments placed in the personnel file. The allowed release time to prepare the written response shall not exceed two (2) working hours. The written response shall be attached to the material. 20.1.3 An employee shall have the right at any reasonable time, without loss of pay, to examine and/or obtain copies of any material from the employee’s employment with the District. (b) The 's personnel file. Such material in the file shall be made available for the inspection of the employee is not to whom the file pertains except include ratings, reports reports, or records which were (1) obtained prior to the employment of the employee, employee involved; (2) were prepared by identifiable members of the screening committee involved in selection, members; or (3) were obtained in connection with a promotional evaluationexamination. (c) Official District 20.1.4 All personnel files shall be kept in confidence and shall be available for inspection only to specifically designated persons. No other party shall have access to an employee’s file, except as employees of the result District when actually necessary in the proper administration of a legal proceeding, without the written authorization District's affairs or the supervision of the employee. The Human Resources Office District shall maintain keep a log of access indicating the persons (other than persons whose duty is to maintain the files) who have examined a personnel file, as well as the date such examinations were made. Such log and the employee’s 's personnel file shall be available for examination by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated his/her POA representative of ECCE shall have the right to inspect the file except as provided or designee, if authorized in subsection (b) of this Section upon written request writing by the employee. The review log shall be made during normal business hours maintained in the employee's personnel file. 20.1.5 Any person who places written material or drafts written material for placement in an employee's file shall sign the material and at signify the date on which such material was drafted. Any written materials placed in a time when personnel file shall indicate the date of such placement. 20.1.6 No disciplinary action shall be taken for any cause which arose prior to the employee's becoming permanent, nor for any cause which arose more than two years preceding the date of the filing of the notice of cause unless such cause was concealed or not disclosed by such employee is not otherwise required to render service when it could be reasonably assumed that the employee should have disclosed the facts to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇employing district. (Education Code 88013, Director or Manager.87031) (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity 20.1.7 Bargaining unit members may request to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory documentinformation removed from their personnel file. Such written comments Written request shall be submitted within to the Chief of Police for review and approval or denial. Derogatory materials dated five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and or more years from the affected employee written request shall be released from duty for this purposeremoved, if necessary, without salary reductionunless required by law to be maintained. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 2 contracts

Sources: Master Contract, Master Contract

Personnel Files. (a) There shall be one (1) . An official District personnel file for each employee. The material bargaining unit member shall be maintained in the official District personnel file shall be considered and used as the only official personnel record offices of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings▇▇▇▇▇▇▇, reports or records which were (1) obtained prior to the employment of the employeeappropriate ▇▇▇▇, (2) prepared by identifiable members of the screening committee involved in selectionand department. Each bargaining unit member, or (3) obtained person authorized in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s filewriting by the bargaining unit member, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect that individual's files. Other material that may be referenced in the file except as provided ▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇ Employee Right to Know Act (MCL 423.501 et seq.) which identifies the individual bargaining unit member may be housed in subsection other offices at Central Michigan University. (b) For a list of this Section upon written request by some of these offices, see Exhibit B.) 2. Any pre-employment material in these files may be removed prior to inspection. 3. Bargaining unit members shall have the employeeright to make reasonable additions to these files. 4. The review No anonymous material shall be made during normal business hours retained or placed in any bargaining unit member's official personnel files. 5. In addition to other material, these files contain material that is relevant to personnel decisions such as reappointment, tenure, and at a time when such employee is not otherwise required to render service promotion. 6. Only authorized employees and authorized agents of Central Michigan University shall have access to the District unless mutually agreeable official personnel files of any bargaining unit member without consent of that bargaining unit member, except where disclosure of certain records shall be required by law in which case the bargaining unit member shall receive written notice of the disclosure. 7. If CMU grants permission for a government agency to examine the official personnel files of any bargaining unit member, timely notice will be given to the employee bargaining unit member and the employee’s ASSOCIATION as to which files were examined, the examiner, the agency, the date, and the purpose of the examination. 8. If a bargaining unit member's official personnel files maintained in the offices of the ▇▇▇▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a appropriate ▇▇▇▇, Directoror department is subpoenaed, Manager CMU shall send timely written notice of the subpoena to the bargaining unit member. 9. All written material used by the ▇▇▇▇ or Supervisor obtains written materials or information which may lead to▇▇▇▇▇▇▇ in making recommendations concerning reappointment, or is intended for use tenure, and promotion, and disciplinary matters (see Article 15, Discipline and/or Termination) shall be contained in these files at the disciplinary process, the employee must time of these recommendations. 10. There shall be given a copy of such no confidential material in these official personnel files except for pre-employment materials. 11. A bargaining unit member's official personnel files will contain, for a timely manner relative period of one (1) year after the receipt of a written request from a bargaining unit member delivered to the specific incident or concern. The offices of the ▇▇▇▇▇▇▇ and/or appropriate ▇▇▇▇, Directorand/or chairperson, Manager a form upon which will be entered the date of use and the signature of each person using the files. 12. Within ten (10) days of the addition of material to a bargaining unit member's official University, college, or Supervisor department personnel file, the bargaining unit member shall be sent a copy of that added material if he/she was not use materials the originator or information addressee, or not specifically copied on the material. 13. Nothing contained in this Article will diminish or waive any rights under the ▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇ Employee Right to Know Act, which have not been previously provided to the employee prior to the commencement of disciplinary actionis incorporated herein by reference.

Appears in 2 contracts

Sources: Cmu/Cmufa Agreement, Cmu/Cmufa Agreement

Personnel Files. (a) There A. The permanent/official personnel file of each unit member shall be one (1) maintained at the Human Resources Office. B. Materials in the permanent/official District personnel file of each unit member, which may serve as a basis for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employeeunit member’s employment with the District. (b) The material in the file shall employment, are to be made available for the inspection of the employee person involved. Such materials are not to whom the file pertains except include ratings, reports reports, or records which were (1) were obtained prior to the employment of the employeeperson involved, (2) were prepared by identifiable members of the screening examination committee involved in selectionmembers, or (3) were obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated personsexamination. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE Every unit member shall have the right to inspect such materials upon request, provided that the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be is made during normal business hours and at a time when such employee person is not otherwise actually required to render service services to the District unless mutually agreeable District. Non-instructional personnel may be authorized to the employee inspect such materials during their working hours when necessary and the employee’s ▇▇▇▇, Director or Managerwithin reasonable limits upon request and approval by their immediate supervisor. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) C. Information of a derogatory nature, except that for information listed under subsection (b) of this Sectionin the three numbered phrases in the paragraph immediately above, shall not be entered or filed unless and until the employee unit member is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make his/her own written commentsreview and comment thereon. For purposes of this Article, which will the notice requirement shall be met with the inclusion of the following statement on any document to be placed in a unit member’s District personnel file: “A copy of this document shall be placed in your District personnel file. You have a right to enter, and have attached to this document your written response. You have fifteen (15) regularly scheduled workdays from the file day you were presented this document to have your written response attached to the document prior to its placement in your file. Your signature on this document indicates that you received it on the date stated herein, and shall not signify your agreement with the content of the document.” After the effective date of this Agreement, all such material shall contain a reference as to the date(s) it was originally prepared and the name of the individual who determined that it should be filed. Review of any derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments information shall take place during normal business hours, and the affected employee unit member shall be released from duty for this purpose, if necessary, purpose without salary reduction. (g) When an employee requests▇. ▇▇ a unit member disagrees with materials or the contents of materials placed in the unit member’s permanent/official file, the District will sealunit member may prepare a written statement to be attached. Said written statement shall be filed within fifteen (15) of the unit member’s regularly scheduled workdays. ▇. A unit member may obtain a copy of materials in his/her permanent/official file, except for the information listed in the employee’s personnel file, information related to disciplinary matters which has existed three numbered phrases in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline paragraph B. F. Upon written authorization of the employee is appropriate. (h) The Human Resources Office maintains unit member, an Association representative may review the only unit member's permanent/official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used or accompany the unit member in a disciplinary process without prior knowledge of and receipt of copies review. G. Material in a permanent/official personnel file shall be considered as confidential. Access shall be limited to those individuals authorized by the District on a need-to-know basis. H. Anonymous derogatory information will not be placed in an employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action’s permanent/official personnel file.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There A. The District shall be one (1) not base any negative evaluation or involuntary transfer of an employee upon documentary materials that are not contained in such employee’s official personnel file. Moreover, the District shall not base any such action against an employee upon materials contained in such employee’s official personnel file for each employeeunless the District had, within ten (10) days after first coming into possession of the material, notified the employee that the material was to be placed in the file and given the employee an opportunity to comment thereon as provided below. The District may delay up to thirty (30) days the placement of such negative material in the official District personnel file in order to conduct a thorough investigation of the accuracy or validity of the material. In no event shall the material be placed in the file or the ten (10) day limit be exceeded without prior notice to the employee. B. An employee shall be considered provided a copy of and used access to any negative or derogatory material before it is placed in his/her official personnel file. He/she shall also be given an opportunity to make a written response. This response is to be attached to the copy of any derogatory material. C. Materials in personnel files of employees which may serve as the only official personnel record of the District in any proceeding basis for affecting the status of the employee’s their employment with the District. (b) The material in the file shall are to be made available for the inspection of the employee person involved. Such material is not to whom the file pertains except include ratings, reports reports, or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated personsexamination. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An Every employee or designated representative of ECCE shall have the right to inspect such materials in his own file upon request, provided that the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be is made during normal business hours and at a time when such employee person is not otherwise actually required to render service services to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) D. Upon written authorization by the employee, a representative of the Association shall be permitted to examine and/or obtain copies of such material contained in said employee’s official personnel file. E. The person or persons who draft and/or place material in an employee’s official personnel file shall sign the material and signify the date on which such material was prepared and placed in the file. Information added to a teacher’s personnel file can only be teacher provided or information written by that teacher’s superior or professional consultant obtained under procedures outlined in Education Code Section 44942. F. The District shall keep a log indicating the persons, with the exception of the payroll and personnel clerks, who have asked to examine a derogatory naturepersonnel file, except that listed under subsection (b) of this Section, as well as the date such requests were made. Such log shall not be entered or filed unless and until available for examination by the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make or his/her own written commentsAssociation representative, which will be placed if so authorized by the employee. G. The District shall securely maintain the employee’s official personnel file in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reductionDistrict’s central office. (g) When H. Derogatory material in an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed except file copies of the evaluation forms completed under Article VIII, “Evaluation of Employees,” shall be destroyed after remaining in the personnel file for two a period of three (23) years or moreyears. The District may unseal three (3) year limit for maintaining file copies of the evaluation forms under Article VIII can only be exceeded while suspension or termination proceedings under provisions of the Education Code are occurring, or the employee has been given written notice of unprofessional conduct or incompetency prior to filing charges with the governing board as required by Education Code Section 44938. This section shall only be applicable to the extent allowed by law or court order. I. Material contained in unofficial personnel files and review such material not placed in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may shall not be used in a disciplinary process without prior knowledge of and receipt of copies by the employeeaction or hearings or for job referrals. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to has corrected his/her faults and has overcome the specific incident or concern. The ▇▇▇▇grounds for the charge(s), Director, Manager or Supervisor then the three (3) year limit stated above shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionapply.

Appears in 2 contracts

Sources: Contract Agreement, Contract Agreement

Personnel Files. (a) There shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity anopportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.action.‌

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There Section 1. It is recognized by the parties that the Employer must prescribe regulations for the custody, use and preservation of the records, papers, books, documents and property pertaining to the County. However, to the extent that any records, papers, or other documents covering bargaining unit employees are not legitimately considered unavailable to review by such employees, every employee shall be one (1) official District allowed to review his or her personnel file for each employeeat any reasonable time upon request. The material If any bargaining unit employee is involved in the official District a grievance regarding a matter in which materials in their personnel file shall may be considered and used as relevant, the only official personnel record of the District in any proceeding affecting the status of the affected employee’s employment with the District. (b) The material in the file shall Union representative will be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of granted access to the employee’s personnel file at reasonable times where such access is authorized, in advance, by any person not assigned the bargaining unit employee. Section 2. If an employee, upon examining their personnel file, has reason to believe that there are inaccuracies in those documents contained therein, the employee may write a memorandum to the Human Resources Office Director or his appropriate representative explaining the Vice President responsible for human resources functions. (d) An employee alleged inaccuracy. If, upon investigation, the Director or his designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and sustains the employee’s ▇▇▇▇allegation, he shall remove the inaccurate material from the personnel file or correct the inaccuracy. If such material is not inaccurate, but the employee feels that clarification of circumstances surrounding the writing of such material is necessary, the employee may submit to the Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source his designated representative a written clarifying or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered explanatory memorandum. The Director or filed unless and until the employee is given a copy of the document and the employee has the opportunity his representative will arrange to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file such memorandum attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting material to which it is directed and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, placed in the employee’s personnel file. Section 3. Except as otherwise provided in this article, information related and except for employees who have a need within the scope of their duties to disciplinary matters which has existed in the see employee personnel file files, such files shall not be available for two (2) years or more. The District may unseal and review by anyone without prior, written authorization for such material in the event it otherwise determines that discipline of by the employee whose file or information therein is appropriaterequested, subject to legal requirements on the Employer regarding public records. (h) Section 4. Personnel files shall contain the following: A. Name, permanent address, current address, phone number and name of person to notify in case of emergency; B. Job description, civil service title, and classification; C. Copies of all personnel action forms; D. The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies annual performance evaluations signed by the employee. If ; E. Statements of performance in any given particular cases (i.e., commendations, reprimand, etc.); F. Documents and references for initial employment and psychiatric and medical reports; G. Other items pertinent to a ▇▇▇▇person’s employment with the Employer, Director, Manager or Supervisor obtains written materials or information which may lead torequired by law, or is intended for use in agreed upon between the disciplinary process, the employee must Employer and employee. Employees will be given a copy of such material anything placed in a timely manner relative to the specific incident or concerntheir personnel files promptly except for routine personnel action forms and requests for sick leave, vacation and other leaves. Section 5. The ▇▇▇▇employee personnel file, kept in the Director’s office, Manager or Supervisor including automated records, shall not use materials or information which have not been previously provided constitute the only official documentation to be used by the employee prior to Employer and/or agents of the commencement of disciplinary actionEmployer concerning the employee.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the Any employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect examine all materials in his/her personnel file, located in the Superintendent’s office, except pre-employment information, at any time during the normal workday subject to the following: 2. That prior approval of the employee’s supervisor is obtained. That the Superintendent, or his authorized designee, is present at the time the material is examined. For this reason, the employee must make an appointment at least two (2) working days in advance to examine his/her personnel file. Employees also have the right to review their personnel files in the company of an OAPSE representative, and also to delegate that right through written permission to an OAPSE representative. In either case the Superintendent, or his designee, must be present. Should the OAPSE representative be an employee of the Board, permission must be granted by that individual’s immediate supervisor for him to take time off for this purpose. Upon termination of his/her employment, no communication shall be made that may have an adverse effect upon the employee’s re-employment or compromise his/her integrity or competence, unless such communication is verified by the contents of the employee’s personnel file. Material contained in the personnel file except as provided must be job related. The author of such material must be identified and all material must be dated. The employee shall have the right to copy any material in subsection (b) his/her file. The employee has the right to initial and date any material that may be utilized for purposes of this Section upon written request discipline or evaluation. The Board may charge actual cost for the copies of any material requested by the employee. The review Employees shall be made during normal business hours and at provided with a time when such employee copy of any derogatory written material within ten (10) work days after it is not otherwise required to render service to the District unless mutually agreeable to the employee and placed in the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date personnel file. In case of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting disagreement concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, materials in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains may file a written report and/or rebuttal to be attached to the only official disputed document. During the course of employment with the Board, no employee shall have an evaluation placed in his/her personnel file file, without an opportunity for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, discussion between the employee must and the evaluator. In any negative evaluation, specific instructions for the improvement of sub-standard performance shall be given placed on the evaluation form or attached to it. Employees will receive a copy of such material in a timely manner relative to their yearly evaluation upon completion and final joint signature of the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to evaluator and the employee prior to the commencement of disciplinary action.employee.‌

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Personnel Files. (a) The personnel files of each bargaining unit member shall be maintained in the District's Human Resources Office. There shall be one (1) official District a single personnel file for each employeeunit member. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory naturenature maintained by the District or District's Administrators in a “working file,” shall be destroyed eighteen (18) months after creation and shall not be used in any decision affecting the discipline, except employment status or assignment of a unit member unless that listed under subsection (b) information has been entered into the personnel file in accordance with the procedures below. This does not apply to items in the personnel file. Information of this Section, a derogatory nature shall not be entered or filed unless and until the employee unit member is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make review and comment thereon. A unit member shall have the right to enter, and have attached to any such derogatory statement, her/his own comments thereon. Materials in the personnel file of a unit member, except as noted below, shall be made available for inspection by the unit member involved. Unit members shall have the right to inspect and obtain a copy of personnel file materials. Upon authorization by the unit member, an Association representative may review the unit member's file or accompany the unit member in her/his review of the file. Material which may be excluded from inspection shall be limited to ratings, reports or records which: Were obtained prior to the employment of the unit member involved. Were prepared by identifiable examination committee members. Were obtained in connection with a promotional examination. All material placed in a unit member's personnel file shall be dated and signed by the person who caused the material to be prepared. Material shall be added in a timely fashion and in no circumstances shall material be added that is over three (3) months old. Documents created within this three (3) months’ time limitation shall not include references to other documents or events in excess of this three (3) month limitation. The District is prohibited from basing decisions affecting the assignment, discipline, or status of employment of a unit member upon materials not contained in or events not referenced in the personnel file. Access to a unit member's personnel file shall be limited to a "need to know" basis. Access authorization must be obtained from either the Superintendent or Superintendent's designee. The contents of all personnel files shall be kept in strictest confidence. The District shall keep a log indicating the persons who have requested to examine a personnel file, as well as the dates such requests were made. Such log shall be available for examination by the unit member or her/his authorized Association representative. Members of the unit shall have the right to inspect materials in their personnel files upon request, at any off-duty time when the District's Human Resources Office is open. The District will provide to the unit member copies of the materials in his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted personnel files within five (5) working daysdays of a written request. Such meeting and opportunity to write comments shall take place during normal business hours, and Upon the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requestswritten request of the unit member, the District will seal, agrees to remove and destroy any materials of a derogatory nature which have remained in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two five (25) years years, provided that there have been no documented actions of a similar nature to the original complaint in that five year period, and/or provided that no legal or more. The District may unseal and review such material in disciplinary actions resulted from the event it otherwise determines original complaint that discipline would necessitate the retention of the employee is appropriaterecords. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There shall be one (1) official District 6.1 A single central personnel file for each employee. The material employee in the official District personnel file unit shall be considered maintained in the District Human Resources Department, and used as the only official personnel record each college campus may maintain duplicate records of the District information contained in any proceeding affecting the status such file, which is immediately relevant to fulfillment of the employee’s employment with the Districtcampus management responsibilities. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) 6.2 Any item to be placed in the central file shall must be clearly identified as to its source or originator source, author, date of preparation, and its date of receipt by the District, and, by its content or by other appropriate means, shall contain an indication that the employee initiated placement of the document in the file, or previously received a copy of the document, or otherwise received notice that the document was to be placed in such file. The foregoing requirements for notification shall not be applicable to documents defined as confidential under federal or state statutes. The date a document is stamped as received by the District Human Resources Department shall be considered to be the date of its placement in the central personnel file. (f) 6.3 An employee covered by this Agreement, or an SEIU representative possessing written authorization from such employee to examine such employee's central personnel file, shall have access to such personnel file of such employee by appointment during regular business hours of the District. The employee may examine such file during a period when he/she is not actually required to render services to the District, or at such other mutually convenient time as the District and the employee shall jointly establish, including appointments for employees at outlying work sites. The employee or authorized Union representative may obtain copies of materials and documents contained in the file. Release of such material requires written consent of the employee. 6.4 An employee may inspect and reply to any item in his/her personnel file and this response shall be attached to the item. Information of a derogatory nature, except that listed under subsection (b) of this Section, nature shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make his/her own written commentsreview, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hourswith reasonable release time for such review, and the affected employee shall be released from duty for this purpose, if necessary, without salary reductionright to reply to such information. (g) When 6.5 Any document that is placed in an employee requestsemployee's personnel file in a manner that violates the provisions of this article shall not be used to directly or indirectly initiate any adverse action against such employee. 6.6 All persons, the District will seal, in the including an employee’s 's supervisor and those considering employees for hiring or advancement opportunities examining a personnel file shall sign and date a log attached to each personnel file, . 6.7 Negative information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in sealed as part of a disciplinary process without prior knowledge of settlement arising from a grievance or other administrative procedure mutually agreed to by SEIU and receipt of copies by the employeeChancellor or Chancellor's designee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must Access to such sealed material shall be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided limited to the employee prior and the Chancellor or Chancellor's designee. Negative materials which have given rise to a grievance shall be tentatively placed in the commencement employee's personnel file but will not become a permanent record until the grievance has been resolved. 6.8 An employee’s request that information pertaining to a disciplinary action be sealed after twenty-four (24) months from imposition shall be granted, provided there has been no other disciplinary documentation in the file in that time period. Such sealed material may be reopened and used at the discretion of disciplinary actionthe Chancellor or Vice Chancellor, Human Resources.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There 510 A. An Employee, on giving reasonable written notice, shall be one (1permitted to review the Employee’s own personnel file, excluding confidential letter(s) official District personnel file for each employeeof recommendation. Such review shall occur during normal business hours in the presence of the responsible custodian of such file. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE Employee shall have the right to inspect copies of materials in his/her file. The Employee may be accompanied by a representative of the Employee’s own choice at the time the file except as provided is examined. 511 B. If an Employee should become aware of information included in subsection (b) the Employee’s personnel file that is factually in error, the Employee may petition, in writing, the Assistant Vice President for Academic Affairs, or his/her authorized designee, to remove said information from the file. The Employee shall bear the burden of proof of establishing that the information is factually in error. If the Assistant Vice President for Academic Affairs, or his/her authorized designee, concludes that the information is in error, such information shall either be excised from the document in which it is located, or the document removed from the Employee’s personnel file, whichever the Assistant Vice President for Academic Affairs, or his/her authorized designee, in his/her sole discretion, shall determine to be appropriate. The decision of the Assistant Vice President for Academic Affairs, or his/her authorized designee, shall be final and binding on the Employee and the Union, and may not be challenged under the Grievance and Arbitration provisions of this Section upon Agreement. Further, discussions and/or decisions made pursuant to this provision shall not be introduced as evidence or otherwise considered in any grievance, arbitration, or other proceeding against the Employer. 512 C. If the decision of the Assistant Vice President for Academic Affairs, or his/her authorized designee is not acceptable to the Employee, the Employee may provide a written request explanation, affidavit, and/or document, which shall be identified as rebuttal information, and attached to each document alleged to be in error. Such attachment shall become a permanent part of the document in question. 513 D. Disclosure of disciplinary actions to third parties shall be governed by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇-Plawicki Employee Right to Know Act, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionMCL 423.501-423.512.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (aA. A MBU shall, upon request during normal business hours, be permitted to examine their personnel file; provided, however, that any letters of recommendation solicited in connection with their initial employment shall not be available to that MBU. The MBU shall have the right to reproduce any document in the MBU 's personnel file. B. An: MBU and Union President shall be given a copy of any material if it is to be used in connection with a grievance or a personnel hearing. C. No derogatory material shall be placed in the MBU 's personnel file unless the MBU has an opportunity to read the material and an opportunity to sign and date the material indicating the MBU has read the material. Such signature merely signifies that the MBU has read the material to be filed and does not necessarily indicate agreement with the contents. D. No anonymous material shall be placed in the MBU 's personnel file. Materials shown to be false or unsubstantiated shall be removed from the MBU 's personnel file. The Personnel Office shall be responsible for notifying in writing any persons or organization to which it may have forwarded false information. E. A designated member of the Association, having written authorization from the: MBU concerned and in the presence of a representative of the Community College Administration, may examine the official personnel file of that MBU if the examination relates to a filed grievance, a grievance in preparation, or written charge(s) preferred against the MBU of the Community College. F. There shall be only one (1) official District personnel file for each employeekept in the College Personnel Office. The material in the official District personnel file College Personnel Office shall be considered and used as the only official personnel record make files available at other campuses of the District in any proceeding affecting the status of the employeeCollege for review by MBU’s employment with the District. (b) The material in the file who so request them. Such files shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluationappointment. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. G. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE MBU shall have the right to inspect answer any material filed, and the file except as provided in subsection (b) of this Section upon written request by the employee. The review MBU 's answer shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, copy in the employee’s their personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There Employees shall be permitted to inspect during normal District business hours the District's personnel files of the concerned employee kept with the school district. Inspection must take place in the presence of an authorized secretarial employee as designated by the District, except that no prearranged appointment will be necessary for such inspection to occur. Confidential letters of recommendation and other confidential records received prior to employment shall be destroyed or returned to the source. All materials placed in personnel files will have date of entry placed on them. Anyone, at the employee's request, may be present for this review. Upon request, one (1) official copy of any documents contained therein shall be afforded the employee at employee expense. A copy of any District generated written material concerning discipline, an investigation or an evaluation will be furnished the employee at the time it is placed in the District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain Any materials maintained in a log of access District investigative file involving an employee will be provided to the employee’s file by any person not assigned Association and employee at the conclusion of the investigation. Any document added at a later time will be contemporaneously provided to the Human Resources Office Association. Letters of direction or the Vice President responsible for human resources functions. (d) An employee or designated representative such directives of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall a similar nature may be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed retained in the building administrator’s working file shall be clearly identified as for up to its source or originator one year and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file at any time. At the end of each school year, other materials from a building administrator's working file will be destroyed. Materials reviewed by the staff member and judged to be either derogatory to the staff member's conduct, service, character, or personality may be answered by the staff member in writing. Such written responses shall become a part of the employee's personnel file. Any written disciplinary action taken by the District which are more than three (3) years old from the date of the initial report of the incident shall be removed from an employee's personnel file, information upon request of the employee, provided said employee has no related disciplinary actions in his/her file during the three (3) year period. Any incident not reduced to disciplinary matters which has existed in writing within forty-five (45) days from the completion of the investigation of a reported incident shall not later be added to the personnel file, an investigation file, or any file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies maintained by the employeeDistrict. If a ▇▇▇▇Upon request, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given employees will receive a copy of such material in a timely manner relative to the specific incident or concernall forms signed for District and State compliance requirements. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which Employees believing they have not been previously provided to the employee prior to the commencement of disciplinary actionadequately trained may request additional training before signing compliance forms.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There A. Personnel files of classified employees shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of maintained at the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel Human Resources and Employee Relations office. Such files shall be available for inspection as set forth hereafter. There shall be no right of inspection to any other files relating or pertaining to classified employees which may be kept by individual administrators or others. Disciplinary actions taken against an employee may be based only to specifically designated persons. No other party shall have access to an employee’s file, except as on materials contained or placed in the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s personnel file by any person and such materials may not assigned to the Human Resources Office or the Vice President responsible for human resources functionsbe more than two (2) years old. (d) An B. Every classified employee or designated representative of ECCE shall have the right to reasonably request to inspect the his or her personnel file except as provided in subsection (b) of this Section upon written request by the employee. The review and shall be made during normal business hours and at a time released from duty for this purpose when his/her department can reasonably accommodate the request. Personnel file material which may not be inspected includes such employee is not otherwise required materials as ratings, reports, or records which were obtained in conjunction with the employment or promotional processes. All classified employees who want to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Managerinspect their personnel file shall ordinarily make an advance appointment. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) C. Information of a derogatory nature, except that listed under subsection (b) of this Sectionmaterials mentioned in B above, shall not be entered or filed unless and until the employee is given a copy of the document notice and the employee has the opportunity to review and comment thereon. An employee shall have a meeting concerning the matter right to enter, and an opportunity have attached to make his/any such derogatory statement, his or her own written comments, which will be placed in the file attached to the derogatory documentcomments thereon. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments review shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, purpose without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed D. All material in the personnel file shall indicate the date it was prepared and who was responsible for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriateits preparation. (h) The Human Resources Office maintains the only official personnel file E. Personnel files shall be available for each employee. Departments/Divisions may keep review by his or her CSEA representative, if authorized in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies writing by the employee. If a ▇▇▇▇Any further review shall require an additional, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in specific authorization. F. Classified employees shall have the disciplinary process, the employee must be given a copy right to enter into their personnel file letters of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement commendation and/or certificates of disciplinary actionexemplary performance from District administrators.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There shall be one (1) A. The official District personnel file for each employeefaculty member shall be maintained in the office of the appropriate ▇▇▇▇ or director. The contents of this file, at the sole discretion of the University except as otherwise provided in this Article, may include the types of material listed below, as well as other materials: 1. Documents submitted by the faculty member or placed in his/her file at his/her request. 2. Documents concerning the individual's employment history at the University and all records of personnel decisions affecting his/her compensation or employment status. 3. Materials assembled in accordance with University Regulations, practices and policies, or the terms of this Agreement concerning the evaluation, reappointment, promotion, or tenure of each faculty member, with the exception of outside confidential letters of recommendation. B. The official personnel file for each teaching/graduate assistant shall be maintained in the office of the appropriate ▇▇▇▇ or director. C. Any member of the bargaining unit may have access to all documents in his/her official District personnel file, including internal evaluations related to the individual, and may add to those records such materials as the individual believes necessary to give a reasonable representation of the individual’s record. D. The official personnel file shall be considered available for examination by the bargaining unit member who shall be entitled to review it at reasonable hours upon written request and used as to purchase copies of any or all materials contained therein. E. When a personnel action has been initiated by a department or other appropriate body, access to the only promotion forms related to that action will not be available to the faculty member until that personnel action has been completed. F. No material may be added to the official personnel record of file more than one year after its receipt by the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee academic officer to whom the file pertains material is originally directed except ratings, reports or records which were (1) obtained prior according to the employment procedure outlined below: 1. The academic officer who wishes to add material more than one year after its receipt shall provide an accompanying written explanation for the addition of the employee, (material. 2) prepared by identifiable members . The faculty member shall have the opportunity to appeal to the ▇▇▇▇ the addition of material added to his/her official personnel file more than one year after its receipt. 3. The faculty member may appeal the decision of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation▇▇▇▇ to the appropriate chancellor. (c) Official District personnel files shall be available only G. If a bargaining unit member believes that material necessary to specifically designated persons. No other party shall have access give a reasonable representation of his/her record exists elsewhere, the bargaining unit member may apply in writing to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of his/her Chancellor requesting access to the employee’s file by any person not assigned material. This request must specify, to the Human Resources Office best of the faculty member's knowledge, the nature of the material and its location within the University. Within 15 working days of such request, the Chancellor, or his/her designee, shall respond by either: 1. Producing the Vice President responsible for human resources functionsmaterial requested, or 2. Certifying in writing that to the best of his/her knowledge the alleged material does not exist, or that it exists but does not belong in the faculty member's official personnel file. Such certification shall be placed in the official personnel file and shall serve to preclude the use of such material in any personnel action. (d) An employee or designated representative of ECCE H. The bargaining unit member shall have the right to inspect the file except as provided in subsection (b) of this Section upon prepare a written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required response to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed any document in the official personnel file shall be clearly identified as to its source or originator and its date of receipt by which the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make bargaining unit member believes reflects negatively on his/her own abilities or performance. The written comments, which response will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by if the employee. If a response is provided to the ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use ▇ with the explicit request that it be placed in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionofficial personnel file.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports A faculty member or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE librarian shall have the right to inspect examine all documents pertaining to that individual in any files kept by any sector of the file University of Toronto as a basis for personnel decisions affecting the faculty member or librarian, and to have such files corrected or supplemented in cases of error or inadequacy, except for those confidential letters of reference and evaluations specified below. A faculty member or librarian shall have the right to examine his or her personnel files as provided in subsection specified above after giving reasonable notice of his or her desire to do so and under conditions which the department Chair (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s or ▇▇▇▇ or Personnel Librarian as appropriate) deems appropriate to ensure the security of the file. A faculty member or librarian shall not have the right to examine the confidential letters of reference and evaluations obtained for appointment, Director or Manager. tenure, and promotion decisions. These letters of reference and evaluations shall be retained by the department and/or division until one (e1) Any item to year after the final date on which an appeal of such decisions may be placed launched or, in the file event an appeal has been initiated, until such time as the final stage of appeal, including the courts, has been exhausted. These documents shall then be clearly identified as to its source or originator and its date of receipt by destroyed at the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy request of the document and individual faculty member or librarian. A faculty member or librarian shall have the employee has the opportunity right to have a meeting concerning the matter and an opportunity to make his/examine his or her own written comments, which will be placed personnel files in the file attached Personnel and Payroll Departments of the University of Toronto after giving reasonable notice of his or her desire to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hoursdo so, and under conditions which the affected employee appropriate administrator of the department deems appropriate to ensure the security of the file and to minimize disruption of the work of the department. No document contained in any file of any faculty member or librarian shall be released from duty or made available to any other person or institution, except for this purpose, if necessaryinternal University administrative purposes, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years express written consent of such faculty member or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead tolibrarian, or is intended as required by law. Nothing in this Article shall entitle a faculty member or librarian to request access to aggregated statistical surveys which might include information about that individual and which are used for use in University administrative purposes other than personnel decisions affecting the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident faculty member or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionlibrarian.

Appears in 2 contracts

Sources: Memorandum of Agreement, Memorandum of Agreement

Personnel Files. (a) ‌ A. There shall be one (1) official District personnel file for each employee. The material educator which shall be maintained in the official District personnel file shall be considered and used as the only official personnel record Department of the District Human Resources. Except for files provided in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratingsArticle 26, reports or records which were (1) obtained prior to the employment of the employeeparagraph H., (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel no other files shall be available only maintained except for duplicates of materials kept in the central files and information that the principals maintain prior to specifically designated personssubmitting to the Department of Human Resources. 1. No other party Materials directly and solely related to pre-employment references and references directly related to internal promotions where written references are required, shall be placed in a separate envelope in the file, and the contents shall not be subject to inspection by the educator. 2. Except as provided in 1. above, materials in school or District files shall be subject to inspection by the educator. B. Administrators with legitimate District business related to the educator's employment will have access to an employee’s educator's confidential and open files. C. No anonymous or unsigned information may be placed in any educator's file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access Incident reports made to the employee’s file by any person principal shall not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file maintained by the Department of Human Resources until such report has been investigated by the principal or appropriate department. D. Each educator will have access to one's file. 1. The educator has the right to be accompanied by any individual while examining one's file. 2. The educator has the right to designate in writing a Federation representative who may have access to the educator's file. Persons designated shall be clearly identified authenticated as to its source or originator and its date of receipt bona fide Federation representatives by the Districta Federation officer. (f) Information of 3. An educator's file shall be available for inspection within a derogatory nature, except that listed under subsection (b) of this Section, shall not reasonable time after it has been requested. E. The educator will be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity see any information prior to make his/her own written comments, which will be placed placement in the one's open file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, except information related to disciplinary matters which has existed in the personnel routine file for two (2) years or moremaintenance. 1. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may educator will be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given provided a copy of such material upon request. The educator shall acknowledge having read these materials by affixing one's signature on the actual copy/copies to be filed. 2. Any information or materials which are derogatory to an educator's conduct, service, character, or personality shall not be placed in a timely manner relative an educator's file unless and until the educator has been given the opportunity to examine the information or material. 3. Any information placed in an educator's file(s) may be removed at the request of the originator of said material if agreed to by the educator affected. F. The educator has the right to respond in writing to anything placed in that educator's open file and have such response placed with the material to which the response relates. G. Each individual, except persons performing routine file maintenance, will, upon receiving confidential and/or open files for any purpose, affix that individual's signature to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to jacket of the employee prior to the commencement file indicating date of disciplinary actionusage.

Appears in 2 contracts

Sources: Negotiated Agreement, Collective Bargaining Agreement

Personnel Files. (a) There A. Official Personnel Files 1. Upon reasonable notice to the Personnel Office, bargaining unit employees shall have access to all of the materials in their official personnel file, whether written or electronic, during normal Personnel Office business hours. In addition, with written authority from the employee or in the company of the employee, a designated CASE representative may review the employee's personnel file. Said written authorization shall be one (1) official District personnel file valid for each the period of time specified by the employee. Access to the file shall be during regular personnel office hours. The file shall not be removed from the personnel office. The employee and the CASE representative, with written authorization from the employee, shall each be allowed a copy of the material in the official District personnel file file. 2. Materials included in the personnel file, whether written or electronic, shall be considered and used as the only official personnel record retained for a period of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The time specified by each department, except that material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or a negative nature that is older than three (3) obtained years shall be removed by personnel office employees who discover it upon accessing the file for any purpose. The act of removing dated negative material shall be accomplished in connection with a promotional evaluationmanner which is not apparent to anyone but other employees of the personnel office. (c) Official District personnel files shall be available only to specifically designated persons3. No other party shall have access to an employee’s file, except as the result Material of a legal proceeding, without negative nature that is older than three (3) years shall not be the written authorization basis of the an adverse action against any employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An 4. Each employee or designated representative of ECCE shall have the right to inspect prepare a written rebuttal to any negative material in his/her personnel file. Such rebuttal shall be included in his/her personnel file until such time as that which it serves to rebut is removed from the file. 5. Evaluation material or material relating to an employee’s conduct, attitude, or service shall not be included in his/her official personnel file without being signed and dated by the author of such material. Before the material is placed in the employee’s file, the department head or designee shall provide the affected employee an opportunity to review the material, and sign and date it. A copy of the evaluation material relating to an employee’s conduct shall be given to the employee. B. Unofficial Personnel Files Containing Employment-Related Information 1. This subsection applies to all written or electronic files maintained in the employee’s name by his/her department (other than the employee’s official personnel file) which contains employment-related documents. It includes but is not limited to supervisor’s files, and files containing medical information or performance evaluations. 2. Notwithstanding subsection (B)(1) above, employees and their representatives or designees shall not have access to files maintained as part of an ongoing internal affairs investigation. 3. Upon reasonable notice to the person responsible for maintaining the file, bargaining unit employees shall have access to all material in the file except as provided which pertains to them. In addition, with written authority from the employee or in subsection (b) the company of this Section upon the employee, a designated CASE representative may review the employee’s file. Said written request authorization shall be valid for the period of time specified by the employee. The review Access to the file shall be made during normal regular business hours for the person responsible for maintaining the file. The file shall not be removed from the office of the person responsible for maintaining it unless approved by that person in advance. The employee and at the CASE representative, with written authorization from the employee, shall each be allowed a time when such employee is not otherwise required to render service copy of the material in the file that pertains to the District unless mutually agreeable employee. C. Access To Files 1. Official and unofficial files shall be considered confidential. They shall only be available to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requestsdesignee, the District will sealdepartment head and his/her designee, those in the employee’s personnel filedirect supervisory chain of command, information related to disciplinary matters which has existed in the personnel file for two (and others specified by statute. 2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may shall be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material informed in a timely manner relative of the service of a subpoena or a request pursuant to the specific incident California Public Records Act when such documents request release of information from the employee’s official or concern. The ▇▇▇▇unofficial file(s), Director, Manager or Supervisor shall not use materials or information which have not been previously provided to of a court order affecting the employee prior to the commencement of disciplinary actionsame.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There 4.3.1. The personnel file of employees shall be one (1) official maintained at the District personnel file for each employeeOffice. The material Materials in the official District personnel file shall be considered and used files of employees, which may serve as the only official personnel record of the District in any proceeding a basis for affecting the status of the employee’s employment with the District. (b) The material in the file shall their employment, are to be made available for the inspection of the person involved. 4.3.2. Information of a derogatory nature, except material mentioned in Section 4.3.3 below, shall not be entered or filed unless and until the employee is given notice and an opportunity to whom review and comment thereon. The employee shall have ten (10) working days within which to respond by exercising their right to enter and have attached to any such derogatory statement their own comments thereon. Such review shall take place during normal business hours and the employee shall be released from duty for this purpose without salary deduction. 4.3.2.1. All material of a derogatory nature, or which could possibly adversely affect 4.3.3. An employee shall have the right to review their personnel file pertains except upon request, with the exception of material which includes ratings, reports reports, or records which were (1) obtained prior to the employment of the employeeperson involved, (2) prepared by identifiable members of the screening examination committee involved in selectionmembers, or (3) obtained in connection with a promotional evaluation. (c) Official examination. It is further understood that these requests be made at a time when such employees can be released from duty by the District without interfering with the orderly operation of the District. If requests for review of personnel files per this Section become too numerous or repetitious, the District shall notify CSEA and then the parties shall mutually agree upon regulations for such reviews. All personnel files shall be kept in confidence and shall be available for inspection by other employees of the District or the Board of Trustees or its designee only to specifically designated persons. No other party shall have access to an employeewhen necessary in the administration of the District’s file, except as affairs or the result of a legal proceeding, without the written authorization supervision of the employee. The Human Resources Office District shall maintain keep a log of access to indicating the employee’s persons who have examined a personnel file by any person not assigned to as well as the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employeedate such examinations were made. The review log shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, maintained in the employee’s personnel file. 4.3.4. It is agreed between CSEA and the District that an Evaluation Review Committee will be established to develop recommendations for the redesign of the evaluation system, information related to disciplinary matters which has existed in the personnel file for two (2) years or moreincluding forms. The Committee will include up to three (3) Association members appointed by CSEA and up to three (3) District may unseal and review such material in members appointed by the event it otherwise determines that discipline District. The Committee will convene within thirty (30) days of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employeeratification of this Agreement. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies Any recommendations developed by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended Committee will be presented to CSEA and the District negotiating teams for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concernpossible action. The ▇▇▇▇target date for the Committee to submit its recommendations will be October 30th, Directorof the Current Year. In the absence of changes approved by both parties, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionevaluation procedures and forms will remain as they appear in this Agreement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) A. There shall be only one (1) official District permanent personnel file for each employee. The material in the official District personnel and that file shall be considered and used as maintained in the only official personnel record District Personnel Department. The “Administrator’s file” shall not be forwarded to any unit member’s new site in the event of transfer or reassignment or left at the site for any incoming administration in the event the current administrator leaves. Instead, the “Administrator’s file” shall remain in the possession of the District Administrator who created it as his or her personal property. B. Materials in any proceeding personnel files of unit members which may serve as a basis for affecting the status of the employee’s their employment with the District. (b) The material in the file shall are to be made available for the inspection of the employee person involved. C. Such material is not to whom the file pertains except include ratings, reports reports, or records which were (1) were obtained prior to the employment of the employeeperson involved, (2) were prepared by identifiable members of the screening examination committee involved in selectionmembers, or (3) were obtained in connection with a promotional evaluationexamination. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE D. Every unit member shall have the right to inspect such materials upon request, provided that the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be is made during normal business hours and at a time when such employee person is not otherwise actually required to render service services to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) E. Information of a derogatory nature, except that listed under subsection (b) of this Sectionmaterial mentioned in paragraph B above, shall not be entered or filed unless and until the employee unit member is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting notice and opportunity to write review and respond thereto. A unit member shall have the right to enter and have comments thereon. The review shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, that purpose without salary reduction. (gF. The person or persons who draft materials to be placed in a unit member’s personnel file shall sign the material and signify the date on which such materials were drafted. G. The District shall keep a log indicating the person(s) When an employee requests, other than Personnel Office employees who have examined a personnel file. The reason for such examination shall be noted on the District will seal, log. The contents of all personnel files shall be kept in the employeestrictest confidence. H. The District shall maintain the unit member’s personnel file, information related to disciplinary matters which has existed permanent files at the District’s central office. Any files kept by the unit member’s supervisor(s) shall not be considered as permanent files even though they contain copies of materials found in the personnel file for two (2) years or more. permanent files. I. The District may unseal and review such material in the event it otherwise determines that discipline provisions of the employee is appropriatesection relating to personnel files shall be grievable only insofar as the procedures set forth herein have been violated. (h) J. The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies provision of correspondence, and/or maintain copies of unacceptable work products. However, none of these may this Article shall be used administered fairly and equitably and in a disciplinary process without prior knowledge of non-arbitrary and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionnon-capricious manner.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) Section 7.1. There shall be only one (1) official District personnel file for each employeeFaculty Member, which is maintained in the District Office of Human Resources. The personnel file shall include, but need not be limited to, records of employment with the District and records of professional evaluation. In addition, such records as educational advancement and pertinent work experience as provided by the Faculty Member shall be a part of the official District file. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s Faculty Member's employment with the District. (b) Section 7.2. The personnel file shall be kept in a locked file room in the Office of Human Resources. The contents of all personnel files shall be kept in the strictest confidence. All applicable Federal and California state laws governing the rights to privacy and confidentiality will be followed in maintaining the personnel files. When a Faculty Member's file is opened for any purpose other than routine office work, a file utilization form shall show the name of the person opening the file, the date and the purpose. Section 7.3. Upon written request, the material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation.of (c) Official District personnel files shall be available only to specifically designated personsSection 7.4. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. Anonymous communications shall not be placed in the personnel file or in any other file maintained in the District. Section 7.5. Up to ten (f10) official commendations from organizations acknowledging excellence in instruction or special service to the college, District, community or profession may be entered in the personnel file by the Faculty member or the District upon receipt by the Manager of Employee Records. Section 7.6. Information of a derogatory nature, except that listed under subsection (b) Section 7.2 of this SectionArticle, shall will not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file until the Faculty Member has been provided with a copy of the derogatory information and a notice regarding the Faculty Member's right to respond in writing within a ten (10) working day period. This does not prevent a Faculty Member from submitting a response to derogatory information beyond this ten (10) day period. The response shall be attached to the derogatory documentinformation in the file. Section 7.7. Such The Faculty Member shall have the right to comment in writing on any item in the Faculty Member's personnel file, except those listed under Section 7.3 of this Article. The written comments shall be submitted attached to the appropriate materials in the Faculty Member's personnel file. Section 7.8. The Faculty Member shall have the right to copies of materials within five (5) working daysthe file except as noted in Section 3 above. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee The actual cost of such duplication shall be released from duty for this purposepaid by the Faculty Member. In the event of disciplinary action against the Faculty Member, if necessarysuch Faculty Member, without salary reduction. (g) When an employee requestsupon request, the shall be provided at District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years expense with a copy of any or more. The District may unseal and review such all material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies deemed necessary by the employee. If a ▇▇▇▇Faculty Member, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use except as noted in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionSection 7.3 above.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) 21.1.1 There shall be one (1) a single official District personnel file for each employeeunit member. The material Personnel files shall be kept in the official District personnel file shall be considered and used as the only official personnel record central administrative office of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material 21.1.2 Materials in the personnel file of a unit member, except as noted below, shall be made available for inspection by the inspection unit member involved. Upon authorization by the unit member, an Association representative may review the unit member’s file or accompany the unit member in his/her review of the employee file in the District office. Material which may be excluded from inspection shall be limited to whom the file pertains except ratings, reports reports, or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable unit member involved. Unit members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the and obtain a copy of personnel file except as provided in subsection (b) of this Section materials, upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Managerrequest. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) 21.1.3 Information of a derogatory nature, except that listed under subsection (b) of this Sectionmaterial excluded, shall will not be entered or filed unless and until the employee unit member is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make his/her review and comment thereon. A unit member shall have the right to enter, and have attached to any such derogatory statement, with their own written comments, which comment thereon. Notice to the employee will be placed documented by a receipt signed by the employee. Such review, and any preparation of comments in the file attached response to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting material and opportunity to write comments /or statement, shall take place during normal business hours, hours and the affected employee unit member shall be released afforded a reasonable release from duty for this purpose, if necessary, purpose without salary reduction. (g) When an 21.1.4 All material placed in a unit member’s personnel file shall be dated and signed by the person who caused the material to be prepared and filed. 21.1.5 Administrator access to a unit member’s personnel file shall be legally limited to a “need to know” basis. Access authorization must be obtained from the superintendent. Routine filing matters that involve the unit member’s personnel file shall normally be limited to the superintendent, confidential secretary, personnel manager, or site administrators. No other District employee requests, shall have access to the personnel file without the express written consent of the individual unit member. 21.1.6 The contents of all personnel files shall be kept in confidence. The District will seal, in shall keep a log indicating the employee’s persons who have examined a personnel file, information related to disciplinary matters which has existed in as well as the personnel file dates said examinations were made. Such logs shall be available for two (2) years examination by the unit member or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriatetheir authorized Association representative. (h) The Human Resources Office maintains 21.1.7 If the only official unit member wishes to remove an item from his/her personnel file for each employee. Departments/Divisions may keep in general files notesfile, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may a written request shall be used in a disciplinary process without prior knowledge of and receipt of copies by made to the employeesuperintendent. If a ▇▇▇▇, Director, Manager the superintendent does not concur with the request to remove or Supervisor obtains written materials or information which may lead to, or is intended for use in doesn’t respond to the disciplinary processunit member’s request within ten (10) days, the employee must be given unit member may submit a copy of such material in a timely manner relative to grievance through the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionestablished grievance procedure.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There A. Each college shall be one (1) official District maintain a personnel file for each employeefaculty member at the College in an office designated by the President of that College. The material in the official District personnel contents of such file shall be considered determined by each College and used such file may contain, but shall not be limited to, copies of personnel transactions, official correspondence with the faculty member, peer evaluations, student evaluations, and evaluation reports prepared by the College. B. Except for student evaluations as provided for in Article 20, Faculty Evaluation, the only official College shall send a faculty member a copy of any item or material placed in his/her personnel file or it shall send a faculty member a memo advising the faculty member that an item or material has been placed in his/her personnel file and that the item or material has been generated by the administration, faculty, a student or students, or by another source. Such copy or memo shall be sent to the faculty member via campus mail, via the VSC’s securely encrypted file transfer service (currently ZendTo), or at his/her address of record during the summer. Such copy or memo shall be sent to the faculty member within fourteen days of the District in any proceeding affecting the status insertion of the employee’s employment with item or material into the Districtfile. (b) The material C. Except for student evaluations as provided for in Article 20, Faculty Evaluation, the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE faculty member shall have the right to inspect grieve the insertion in his/her personnel file of any item or material which he/she alleges to be untrue or inaccurate. D. A faculty member shall have the right to have relevant material added to his/her personnel file. The faculty member is encouraged to check his/her file periodically and to keep his/her file up-to-date, except for those items that the College or others may generate as listed above. The faculty member shall have the right to respond to any document in his/her personnel file and have such response included in such file and attached to the appropriate document. No anonymous evaluations and/or recommendations may be placed in the faculty member’s personnel file, except as provided in subsection (b) Article 20, Faculty Evaluation. E. No persons other than those having a legitimate institutional interest may have access to a personnel file without the written permission of this Section upon written request the faculty member. All those having access to the file, for purposes other than routine maintenance, shall sign a log, kept in the file giving name and date of access. The personnel file shall be available for examination by the employeefaculty member, who shall be entitled to review such file at reasonable hours upon request. F. The faculty member may make or obtain copies of materials in his/her personnel file after receiving permission from the appropriate College official or representative. The review If the person in charge of said files does not approve the removal thereof for the purpose of making such copies, such copies shall be made during normal business hours and for the faculty member at a time when such employee is not otherwise required to render service to reasonable charge for the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Managercopies. (e) Any item G. The only written material that the College shall use for evaluation, third-year review, promotion, reappointment, tenure, or to support disciplinary action contemplated against a faculty member shall be that contained in his/her personnel file. H. Except as specified elsewhere in this Agreement, all material shall be placed in the personnel file shall be clearly identified as to its source or originator and its date within 30 days of receipt by the DistrictCollege, excluding the summer and winter recesses as established in accordance with Article 47. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There A. Personnel files of classified employees shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of maintained at the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel Diversity and Human Resources office. Such files shall be available for inspection as set forth hereafter. There shall be no right of inspection to any other files relating or pertaining to classified employees which may be kept by individual administrators or others. Disciplinary actions taken against an employee may be based only to specifically designated persons. No other party shall have access to an employee’s file, except as on materials contained or placed in the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s personnel file by any person and such materials may not assigned to the Human Resources Office or the Vice President responsible for human resources functionsbe more than two (2) years old. (d) An B. Every classified employee or designated representative of ECCE shall have the right to reasonably request to inspect the his or her personnel file except as provided in subsection (b) of this Section upon written request by the employee. The review and shall be made during normal business hours and at a time released from duty for this purpose when his/her department can reasonably accommodate the request. Personnel file material which may not be inspected includes such employee is not otherwise required materials as ratings, reports, or records which were obtained in conjunction with the employment or promotional processes. All classified employees who want to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Managerinspect their personnel file shall ordinarily make an advance appointment. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) C. Information of a derogatory nature, except that listed under subsection (b) of this Sectionmaterials mentioned in B above, shall not be entered or filed unless and until the employee is given a copy of the document notice and the employee has the opportunity to review and comment thereon. An employee shall have a meeting concerning the matter right to enter, and an opportunity have attached to make his/any such derogatory statement, his or her own written comments, which will be placed in the file attached to the derogatory documentcomments thereon. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments review shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, purpose without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed D. All material in the personnel file shall indicate the date it was prepared and who was responsible for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriateits preparation. (h) The Human Resources Office maintains the only official personnel file E. Personnel files shall be available for each employee. Departments/Divisions may keep review by his or her CSEA representative, if authorized in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies writing by the employee. If a ▇▇▇▇Any further review shall require an additional, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in specific authorization. F. Classified employees shall have the disciplinary process, the employee must be given a copy right to enter into their personnel file letters of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement commendation and/or certificates of disciplinary actionexemplary performance from District administrators.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There The Employer and the Union agree that the Employer shall be one (1maintain personnel records. The Employee will keep their personal data, such as name, address or telephone number updated through the Mosaic Employee Self-Service. b) official District The personnel file for each employeethe Employee shall include items concerning the record of employment including, but not limited to, the original application form, job description, salary history, commendations, as well as any documentation in accordance with Article 12 and Article 13, all of which is normally copied to the Employee concurrent with their addition to the file. c) An Employee shall have the right to examine their personnel file in the presence of a member of Human Resources Services, by appointment. Upon request and within 7 days following the request, Employees will be provided with a photocopy of any requested documents from their file. The material in Employee is free to point out any alleged factual errors and proven errors will be corrected. On the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratingssame basis, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall an Employee will have access to an employee’s their Employee Health/Return-to-Work file, except as Employee Medical file, and the result file containing her personal information held by theirSupervisor. d) Upon receipt of a written request from the Employee, Human Resources Services will confirm that all warnings and suspensions have been removed from their file and administered in accordance with Article 12. e) An Employee may supplement the contents of their personnel file with documents related to their employment by forwarding such documents to Human Resources Services. The Employer will consider requests from Employees for the removal of documents from their personnel files. f) All Employees will notify Human Resources Services of changes in information related to spouses and dependents necessary to administer benefits. g) Subject to legal proceedingand/or statutory requirements, without when Human Resources Services receives requests from an external agency for personal or employment related information regarding an Employee, it will confirm employment only. Additional information shall only be divulged with the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functionsEmployee. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Personnel Files. (a) 2.15.1 There shall be one (1) official District personnel file for each employeeUnit Member. The material personnel file for each Unit Member shall be maintained by the District in the Human Resources Department. The file shall consist of records of employment with the District, records of educational advancement, and other work experience pertaining to the status of the faculty member’s employment with the District, leave forms, transcripts, recommendations, evaluations, correspondence pertaining to the member, and faculty service area designations. 2.15.2 A Unit Member may inspect his/her personnel file during normal business hours. A Unit Member may, upon his/her written authorization, designate an Association representative to review the file in the presence or absence of the Unit Member. The District agrees to be bound by applicable federal and/or state statutes concerning the privacy and confidentiality of such records and files. Access to the official District personnel file shall be considered limited to District administrators and used supervisors and authorized Human Resources Department staff. 2.15.3 The District shall keep a log indicating the persons (other than persons whose duty it is to maintain the files) who have examined a personnel file, as well as the only official personnel record date such examinations were made. 2.15.4 All reviews shall be done in the presence of a management employee or designee who shall be positioned in a manner ensuring confidentiality to the parties and security of the District in any proceeding affecting the status of the employee’s employment with the Districtfile. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) 2.15.5 Any item to be placed in the file shall be clearly identified identifiable as to its source or originator and its date of receipt by the District. (f) Information 2.15.6 Any material placed in a Unit Member’s personnel file must be signed and dated by the originator and the management person responsible for placing it in the file, and a copy of all materials shall be given to the Unit Member prior to the time of insertion in the personnel file. No anonymous letters or materials shall be placed in a Unit Member’s personnel file. 2.15.7 In the case of derogatory naturematerials, except that listed under subsection (b) of this Section, such material shall not be entered or filed in a Unit Member’s personnel file unless and until the employee Unit Member is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make review, comment, and have such comments attached to the material in question. The Unit Member has ten (10) working days to review and comment on any material of a derogatory nature before it is placed in his/her own written commentsfile. If additional time is needed, which will be placed in the file attached to Unit member may request a time extension from the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reductionHuman Resources Department. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed 2.15.8 Materials not included in the personnel file for two (2) years or more. The District may unseal include ratings, reports and review such material in the event it otherwise determines that discipline records obtained prior to employment of the employee is appropriateUnit Member, and any other materials related to application for positions other than permanent certificated positions within the District. (h) The Human Resources Office maintains the only official 2.15.9 In accordance with Title 5, Section 59023, personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information records are classified as records which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.retained permanently

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. (a) There shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports A faculty member or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE librarian shall have the right to inspect examine all documents pertaining to that individual in any files kept by any sector of the University of Toronto as a basis for personnel decisions affecting the faculty member or librarian, and to have such files corrected or supplemented in cases of error or inadequacy, except for those confidential letters of reference and evaluations specified below. A faculty member or librarian shall have the right to examine his or her personnel files as specified above after giving reasonable notice of his or her desire to do so and under conditions which the department Chair (or ▇▇▇▇ or Personnel Librarian as appropriate) deems appropriate to ensure the security of the file. A faculty member or librarian shall not have the right to examine the confidential letters of reference and evaluations obtained for appointment, tenure, and promotion decisions. These letters of reference and evaluations shall be retained by the department and/or division until one (1) year after the final date on which an appeal of such decisions may be launched or, in the event an appeal has been initiated, until such time as the final stage of appeal, including the courts, has been exhausted. These documents shall then be destroyed at the request of the individual faculty member or librarian. A faculty member or librarian shall have the right to examine his or her personnel files in the Personnel and Payroll Departments of the University of Toronto after giving reasonable notice of his or her desire to do so, and under conditions which the appropriate administrator of the department deems appropriate to ensure the security of the file and to minimize disruption of the work of the department. No document contained in any file of any faculty member or librarian shall be released or made available to any other person or institution, except for internal University administrative purposes, without the express written consent of such faculty member or librarian, or as provided required by law. Nothing in subsection this Article shall entitle a faculty member or librarian to request access to aggregated statistical surveys which might include information about that individual and which are used for University administrative purposes other than personnel decisions affecting the faculty member or librarian. Article 11: Information shall also be forwarded to the Association. It is understood that this Article shall not be construed to require the University of Toronto (a) to compile information and statistics in particular form if such data are not already compiled in the form requested or (b) to provide any information relating to any individual. The University of this Section upon written request Toronto agrees to designate an information contact person who will conduct the exchange of information with an information officer designated by the employeeAssociation. The review Parties agree that any dispute concerning compliance with this article shall be made during normal business hours and at a time when such employee is not otherwise required to render service referred to the District unless mutually agreeable Chair of the Grievance Review Panel for expeditious and final and binding decision. The Association agrees that confidential information that could identify individual faculty members or librarians transmitted by the University of Toronto to the employee Association in relation to salary and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall benefit negotiations will not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge manner which would allow the identification of and receipt of copies by individual members. The Association also confirms that it will not use the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to that would be inconsistent with the specific incident requirements of negotiations or concerncommunication with members of the Association. The ▇▇▇▇, Director, Manager or Supervisor Association agrees that all confidential information shall not use materials or information which have not been previously provided to be maintained in a secure location separate and apart from the employee prior to general files of the commencement of disciplinary actionAssociation.

Appears in 1 contract

Sources: Memorandum of Agreement

Personnel Files. A. Each UNIVERSITY shall maintain one (a1) There confidential complete official personnel file for each COACH. No anonymous material shall be placed in the official personnel file. A COACH upon his/her request shall have the right to receive a copy of material placed in the personnel file by management personnel. B. In addition, there may be one (1) official District personnel pre-employment file for each employeethat shall be confidential and shall contain letters of reference and recommendations and/or material related thereto secured from sources outside the UNIVERSITY. The material in At the time of the granting of the initial ROLL-OVER CONTRACT OF EMPLOYMENT that may be renewed annually one additional year, all letters of reference and recommendations shall be destroyed unless otherwise required by law or if there is a pending legal action and academic credentials shall be transferred to the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the Districtfile. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE C. A COACH shall have the right to inspect make such additions or responses to the material contained in his/her official personnel file as he/she shall deem necessary. Only material that is directly related to the COACH’S work performance shall be included in the confidential personnel file. A. A COACH shall have access to his/her official personnel file during regular office hours, provided that there shall be no undue interference with the normal routine of the office. Under no circumstances shall the official personnel file be removed from the office by the COACH, and his/her access to the file except shall be only in the presence of someone in authority in the office. B. In addition to the COACH, only the Chancellor, President and his/her designees shall have access to the official personnel file without the express written approval of the COACH. The President and his/her designees shall be responsible for the placement of material in, and the removal of material from, the official personnel file. C. The COACH shall have no right of access to the official confidential pre- employment file. D. APSCUF shall have access to the official personnel file of a COACH at reasonable times during regular office hours, after having given reasonable notice, provided APSCUF first shall have obtained the express written approval of that COACH. Section 3. If the official personnel file is duly subpoenaed in accordance with law, the COACH shall be notified at the earliest possible time. Section 4. Other Rules for the Official Personnel File of Each COACH A. No material derogatory to a COACH’S conduct, such as provided service, character, or personality, shall be placed in subsection (b) of this Section upon written request the COACH’S official personnel file unless the COACH has had an opportunity to read the material first. The COACH shall acknowledge that he/she has read the material by affixing his/her signature and the date signed on the material to be filed. B. A statement indicating that the understanding is that such a signature merely signifies that the material has been read and does not necessarily indicate agreement with its content shall be included on all such material. If a COACH refuses to affix his/her signature on any such material, a statement to the effect that the COACH was shown the document and refused to sign it shall be entered on the document and signed and dated by the employeeinitiator. If the COACH refuses to sign, the material shall also be signed and dated by an appropriate witness. The review custodian of the record shall be made during normal business hours responsible for obtaining the COACH’S signature and at a time when such employee for entering the appropriate statement on the copy of the document that is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file COACH’S official personnel file. C. Any material in a COACH’S official personnel file, not acknowledged as described above, that the COACH deems derogatory, shall be clearly identified as removed from the file at the COACH’S request. D. Derogatory material not brought to the COACH’S attention within ten (10) college calendar days after its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, official custodian shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached COACH’S official personnel file. The COACH has a right to the answer any material that is derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hoursa COACH’S conduct, and the affected employee COACH’S response shall be released from duty for this purpose, if necessary, without salary reductionplaced in the file. (g) When an employee requestsE. The performance evaluations shall be permanent documents included in the Official Personnel Folder, and these evaluations shall consist only of documents related to performance evaluations that were made in accordance with the required procedures of the collective bargaining agreement in effect at the time which the evaluation was made. F. In the case of letters of caution, reprimand, admonishment, or warning that are temporary material to be retained in the Official Personnel File/Folder, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employeefollowing policy shall apply. If a ▇▇▇▇COACH has had no reprimand during any six (6) year period, Directorall reprimands shall be removed from the file. If a COACH has had reprimand(s) within any six (6) year period, Manager or Supervisor obtains written materials or it (they) shall remain as well as all prior reprimands. G. When a person is authorized to review an Official Personnel File, he/she will be required to enter the following information which may lead to, or is intended in a log: name of the COACH whose records are being reviewed; date and reason for use the review; signature of the person reviewing the file. The custodian shall also initial the withdrawal and return of the Official Personnel File/Folder. The custodian of the Official Personnel File shall be responsible for the maintenance of this log and for the maintenance and contents of the Official Personnel File in accordance with established procedure and policy. The log indicating those who have reviewed the file with provision for both the reviewer and the custodian to acknowledge signing out and signing in shall be retained in the disciplinary process, the employee must be given appropriate Official Personnel File on a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionpermanent basis.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. A. Each UNIVERSITY shall maintain one (a1) There confidential complete official personnel file for each COACH. No anonymous material shall be placed in the official personnel file. A COACH upon their request shall have the right to receive a copy of material placed in the personnel file by management personnel. B. In addition, there may be one (1) official District personnel pre-employment file for each employeethat shall be confidential and shall contain letters of reference and recommendations and/or material related thereto secured from sources outside the UNIVERSITY. The material in At the time of the granting of the initial ROLL-OVER CONTRACT OF EMPLOYMENT that may be renewed annually one additional year, all letters of reference and recommendations shall be destroyed unless otherwise required by law or if there is a pending legal action and academic credentials shall be transferred to the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the Districtfile. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE C. A COACH shall have the right to inspect make such additions or responses to the material contained in their official personnel file as they shall deem necessary. Only material that is directly related to the COACH’S work performance shall be included in the confidential personnel file. A. A COACH shall have access to their official personnel file during regular office hours, provided that there shall be no undue interference with the normal routine of the office. Under no circumstances shall the official personnel file be removed from the office by the COACH, and their access to the file except as provided shall be only in subsection (b) the presence of this Section upon someone in authority in the office. B. In addition to the COACH, only the Chancellor, President and their designees shall have access to the official personnel file without the express written request by approval of the employeeCOACH. The review President and their designees shall be made during normal business hours responsible for the placement of material in, and at a time when such employee is not otherwise required to render service the removal of material from, the official personnel file. C. The COACH shall have no right of access to the District unless mutually agreeable to the employee and the employee’s official confidential pre- employment file. ▇. ▇▇▇▇▇▇ shall have access to the official personnel file of a COACH at reasonable times during regular office hours, Director or Managerafter having given reasonable notice, provided APSCUF first shall have obtained the express written approval of that COACH. (e) Any item Section 3. If the official personnel file is duly subpoenaed in accordance with law, the COACH shall be notified at the earliest possible time. Section 4. Other Rules for the Official Personnel File of Each COACH A. No material derogatory to a COACH’S conduct, such as service, character, or personality, shall be placed in the COACH’S official personnel file unless the COACH has had an opportunity to read the material first. The COACH shall acknowledge that they have read the material by affixing their signature and the date signed on the material to be filed. B. A statement indicating that the understanding is that such a signature merely signifies that the material has been read and does not necessarily indicate agreement with its content shall be included on all such material. If a COACH refuses to affix their signature on any such material, a statement to the effect that the COACH was shown the document and refused to sign it shall be entered on the document and signed and dated by the initiator. If the COACH refuses to sign, the material shall also be signed and dated by an appropriate witness. The custodian of the record shall be responsible for obtaining the COACH’S signature and for entering the appropriate statement on the copy of the document that is to be placed in the file COACH’S official personnel file. C. Any material in a COACH’S official personnel file, not acknowledged as described above, that the COACH deems derogatory, shall be clearly identified as removed from the file at the COACH’S request. ▇. ▇▇▇▇▇▇▇▇▇▇ material not brought to the COACH’S attention within ten (10) college calendar days after its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, official custodian shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached COACH’S official personnel file. The COACH has a right to the answer any material that is derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hoursa COACH’S conduct, and the affected employee COACH’S response shall be released from duty for this purpose, if necessary, without salary reductionplaced in the file. (g) When an employee requestsE. The performance evaluations shall be permanent documents included in the Official Personnel Folder, and these evaluations shall consist only of documents related to performance evaluations that were made in accordance with the required procedures of the collective bargaining agreement in effect at the time which the evaluation was made. F. In the case of letters of caution, reprimand, admonishment, or warning that are temporary material to be retained in the Official Personnel File/Folder, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employeefollowing policy shall apply. If a ▇▇▇▇COACH has had no reprimand during any six (6) year period, Directorall reprimands shall be removed from the file. If a COACH has had reprimand(s) within any six (6) year period, Manager or Supervisor obtains written materials or it (they) shall remain as well as all prior reprimands. G. When a person is authorized to review an Official Personnel File, they will be required to enter the following information which may lead to, or is intended in a log: name of the COACH whose records are being reviewed; date and reason for use the review; signature of the person reviewing the file. The custodian shall also initial the withdrawal and return of the Official Personnel File/Folder. The custodian of the Official Personnel File shall be responsible for the maintenance of this log and for the maintenance and contents of the Official Personnel File in accordance with established procedure and policy. The log indicating those who have reviewed the file with provision for both the reviewer and the custodian to acknowledge signing out and signing in shall be retained in the disciplinary process, the employee must be given appropriate Official Personnel File on a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionpermanent basis.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. (a) A. There shall be one (1) official District personnel file for each employee. The material educator which shall be maintained in the official District personnel file shall be considered and used as the only official personnel record Department of the District Human Resources. Except for files provided in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratingsArticle 26, reports or records which were (1) obtained prior to the employment of the employeeparagraph H., (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel no other files shall be available only maintained except for duplicates of materials kept in the central files and information that the principals maintain prior to specifically designated personssubmitting to the Department of Human Resources. 1. No other party Materials directly and solely related to pre-employment references and references directly related to internal promotions where written references are required, shall be placed in a separate envelope in the file, and the contents shall not be subject to inspection by the educator. 2. Except as provided in 1. above, materials in school or District files shall be subject to inspection by the educator. B. Administrators with legitimate District business related to the educator's employment will have access to an employee’s educator's confidential and open files. C. No anonymous or unsigned information may be placed in any educator's file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access Incident reports made to the employee’s file by any person principal shall not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file maintained by the Department of Human Resources until such report has been investigated by the principal or appropriate department. D. Each educator will have access to one's their file. 1. The educator has the right to be accompanied by any individual while examining one's their file. 2. The educator has the right to designate in writing a Federation representative who may have access to the educator's file. Persons designated shall be clearly identified authenticated as to its source or originator and its date of receipt bona fide Federation representatives by the Districta Federation officer. (f) Information of 3. An educator's file shall be available for inspection within a derogatory nature, except that listed under subsection (b) of this Section, shall not reasonable time after it has been requested. E. The educator will be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity see any information prior to make his/her own written comments, which will be placed placement in the one's open file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, except information related to disciplinary matters which has existed in the personnel routine file for two (2) years or moremaintenance. 1. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may educator will be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given provided with provided a copy of such material upon request. The educator shall acknowledge having read these materials by affixing one's signature on the actual copy/copies to be filed. 2. Any information or materials which are derogatory to an educator's conduct, service, character, or personality shall not be placed in a timely manner relative an educator's file unless and until the educator has been given the opportunity to examine the information or material. 3. Any information placed in an educator's file(s) may be removed at the request of the originator of said material if agreed to by the educator affected. F. The educator has the right to respond in writing to anything placed in that educator's open file and have such response placed with the material to which the response relates. G. Each individual, except persons performing routine file maintenance, will, upon receiving confidential and/or open files for any purpose, affix that individual's signature to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to jacket of the employee prior to the commencement file indicating date of disciplinary actionusage.

Appears in 1 contract

Sources: Negotiated Agreement

Personnel Files. (a) There shall be one (A. Definition 1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employeeperson involved, (or 2) . prepared by identifiable members of the screening examination committee involved in selectionmembers, or (3) . obtained in connection with a promotional evaluationexamination. (c) Official District personnel files shall be available only B. Placing Materials in the Personnel File 1. Prior to specifically designated persons. No other party shall have access to placing any material in an employee’s personnel file, except as the result of a legal proceeding, without employee shall be given the written authorization of opportunity to read and sign the employeematerial. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE signature shall indicate that they have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is been given a copy of the document and material. If the employee has refuses to sign the opportunity material, a witness’ signature shall indicate that they have received or have been offered a copy of the material. When an employee is not available for issuance, the material shall be placed in certified mail to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will employee’s address of record. 2. No material whose origin cannot be identified may be placed in the file attached to file. Derogatory or adverse material must bear the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and name of the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, administrator who placed the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline file, along with the date of the employee is appropriatesuch placement. (h) The Human Resources Office maintains the only official personnel file for each employee3. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used After adverse or derogatory material is placed in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary processpersonnel file, the employee must be given a copy reasonable time to respond in writing to the material. Such written response must be submitted to the Office of Employee and Labor Relations within twenty (20) working days from issuance to, or review by the employee of the derogatory or adverse material. This response shall then be attached to the material and entered in the file. 4. Adverse or derogatory material shall remain part of the personnel file until such time as the college division issuing it requests its removal, unless the employee asks that the material be retained. Such material which has been placed in the 5. The material removed from an employee’s personnel file may be maintained separate from any personnel file under the following conditions: a. The material shall be kept in the Office of Employee and Labor Relations. b. Such material may not be used by the District in any proceedings which affects the status of the employee. c. Whenever possible, the employee will be notified when any such material in a timely manner relative is to the specific incident or concernbe viewed. The ▇▇▇▇, Director, Manager or Supervisor shall If it is not use materials or information which have not been previously provided possible to inform the employee prior to before such material is viewed, the commencement employee shall be notified by the Office of disciplinary actionEmployee and Labor Relations within five (5) days of the viewing. Notification shall include the date and the purpose of the viewing and the identity of the viewer. d. Such material may only be viewed by the Office of the Chancellor, the Office of the Vice Chancellor of Human Resources, the Office of the General Counsel, and the Office of Employee and Labor Relations. Notwithstanding the foregoing limitation, the material may be utilized by the District in compliance with a legal court order.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. (a) 3 A. There shall be one (1) official District a single personnel file for each employeeunit member. The material Personnel files shall be kept 4 in the official District personnel file shall be considered and used as the only official personnel record Central Administrative Office of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The 5 1. Every unit member shall be permitted to review the materials in his/her personnel 6 file during non-duty time. 7 2. All material placed in the file shall be made available for dated and signed by the person who caused 8 the material to be placed in the file. 9 3. A unit member may have a representative present when inspecting his/her 10 personnel file. 11 B. Material that may be excluded from inspection of the employee shall be limited to whom the file pertains except ratings, reports or records which were or (1) obtained prior to the employment of the employee, unit member’s employment; (2) prepared by 13 identifiable members of the screening examination committee involved in selection, members; or (3) obtained in connection with a 14 promotional evaluationexamination. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) 15 C. Information of a derogatory nature, except that listed under subsection (b) for material mentioned in Provision B of this Section16 article, shall not be entered or filed unless and until the employee unit member is given a copy of 17 the document and the employee has the opportunity to have a meeting concerning the matter material and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory documentreview and comment thereon. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments review shall take 18 place during normal business hours, and the affected employee unit member shall be released from duty for 19 this purpose, if necessary, purpose without salary reduction. In the event this is not done, such material shall 20 not be allowed as evidence in any disciplinary action against the unit member or used by 21 the District in any grievance filed by the unit member. (g) 22 D. District administrators who supervise and/or evaluate unit members may maintain 23 separate files on each unit member they supervise and/or evaluate, but any such file shall 24 not be considered the personnel file. When an employee requestsdisciplining or assigning a unit member, the 25 District will seal, may rely on material in the employee’s personnel file, information related the evaluator’s file, or any other 26 relevant material. 27 E. The District retains the right to disciplinary matters which has existed remove from the files, prior to inspection, items not 28 subject to review as defined in the personnel file for two (2) years or moreProvision B of this article. The District may unseal and review such material also retains the 29 right to make a listing of items contained in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.review by the unit 30 1 member and/or the unit member’s representative. The unit member and/or designee may 3 F. Access to a unit member’s personnel file shall be limited to the Superintendent and/or

Appears in 1 contract

Sources: Contractual Agreement

Personnel Files. (a) There shall be one (1) official District personnel file for each employee. A. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep faculty member shall be maintained in general files notes, annotate calendars, maintain copies the office of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a appropriate ▇▇▇▇ or director or in the office of the Vice President for Information Services and University Librarian. The contents of this file, Directorat the sole discretion of the University except as otherwise provided in this Article, Manager may include the types of material listed below, as well as other materials: 1. Documents submitted by the faculty member or Supervisor obtains written materials placed in his/her file at his/her request. 2. Documents concerning the individual's employment history at the University and all records of personnel decisions affecting his/her compensation or information which may lead toemployment status. 3. Materials assembled in accordance with University Regulations, practices and policies, or the terms of this Agreement concerning the evaluation, reappointment, promotion, or tenure of each faculty member, with the exception of outside confidential letters of recommendation. B. Any member of the bargaining unit may have access to all documents in his/her official personnel file, including internal evaluations related to the individual, and may add to those records such materials as the individual believes necessary to give a reasonable representation of the individual’s record. C. The official personnel file shall be available for examination by the bargaining unit member who shall be entitled to review it at reasonable hours upon written request and to purchase copies of any or all materials contained therein. A unit member may have his/her union representative present during such review/examination. D. When a personnel action has been initiated by a department or other appropriate body, access to the promotion forms related to that action will not be available to the faculty member until that personnel action has been completed. E. No material may be added to the official personnel file more than one year after its receipt by the academic officer to whom the material is intended originally directed except according to the procedure outlined below: 1. The academic officer who wishes to add material more than one year after its receipt shall provide an accompanying written explanation for use the addition of the material. 2. The faculty member shall have the opportunity to appeal to the ▇▇▇▇ or the Vice President for Information Services and University Librarian the addition of material added to his/her official personnel file more than one year after its receipt. 3. The faculty member may appeal the decision of the ▇▇▇▇ or the Vice President for Information Services and University Librarian to the chancellor. F. If a bargaining unit member believes that material necessary to give a reasonable representation of his/her record exists elsewhere, the bargaining unit member may apply in writing to his/her Chancellor, requesting access to the material. This request must specify, to the best of the faculty member's knowledge, the nature of the material and its location within the University. Within 15 working days of such request, the Chancellor, or his/her designee shall respond by either: 1. Producing the material requested, or 2. Certifying in writing that to the best of his/her knowledge the alleged material does not exist, or that it exists but does not belong in the disciplinary process, faculty member's official personnel file. Such certification shall be placed in the employee must be given a copy official personnel file and shall serve to preclude the use of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary any personnel action.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. (a) There 1. The District shall be one (1) official District provide unit members with the following personnel file rights: a. Materials in personnel files of unit members which may serve as a basis for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s their employment with the District. (b) The material in the file shall are to be made available for the inspection of the employee unit member involved. b. Such material to whom the file pertains except be inspected is not to include ratings, reports reports, or records which were (1) were obtained prior to the employment of the employeeperson involved, (2) were prepared by identifiable members of the screening examination committee involved in selectionmembers, or (3) were obtained in connection with a promotional evaluationexamination. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE c. Every unit member shall have the right to inspect such materials upon request, provided that the file except as provided in subsection (b) of this Section upon written request by is made at the employee. The review shall be made during normal business hours and at a time when such employee unit member is not otherwise actually required to render service services to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) d. Information of a derogatory nature, except that listed under subsection (material mentioned in paragraph b) of this Section, above, shall not be entered or filed unless and until the employee unit member is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make review and comment thereon. (1) Such material shall not be entered or filed unless it is based upon the personal knowledge and/or observation of the District administrator authorized to submit such material; or unless that person, following an impartial investigation, has reasonable cause to believe such material is true. (2) The person(s) who draft and/or place such material in a unit member’s file shall sign the material and signify the date on which such material was drafted and/or placed in the file. Such generation and placement shall occur in a timely fashion following the occurrence giving rise to the material. (3) A unit member shall have the right to enter, and have attached to any such derogatory material, his/her own written comments, which will be placed in the file attached to the derogatory documentcomments thereon. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments review shall take place during normal business hours, and the affected employee unit member shall be released from non-classroom duty for this purpose without salary reduction. However, if an emergency situation exists which makes it impractical for the unit member to review the material on non-classroom time, the unit member may be released from class duty for this purpose, if necessary, without salary reduction. (g) When e. Whenever a unit member has the right to inspect a document or file as provided above, he/she may be accompanied by an employee requests, Association representative if the District will seal, unit member so desires. An Association representative shall be permitted to inspect the file in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline absence of the employee is appropriateunit member, upon written request of the unit member. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. (a) There Each college shall be maintain, for official college purposes, one (1) official District personnel file for each employeeadjunct faculty member. The material in the official District personnel This file shall be considered kept under conditions that insure its integrity and used as safekeeping and shall contain copies of personnel forms, official correspondence to and/or from the only official personnel record of unit member, written evaluations and other appropriate materials related to the District in any proceeding affecting the status of the employee’s employment with the Districtunit member's employment. (b) The 1. An adjunct shall be sent a copy of all material henceforth placed in his/her personnel file at the same time it is placed in the file file. Anonymous, subpoenaed or inappropriate material shall not be made available for placed in the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated personsfile. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE adjunct shall have the right to inspect submit a timely written response to any material placed in the personnel file. This timely written response shall then be filed and attached to the appropriate material. 2. Unit members shall have the right to examine their file in the presence of the file's custodian, that individual's designee, or, if those persons are unavailable, an appropriate administrator, during the normal business hours. Upon written request and the payment of the reasonable copying charge, a unit member may obtain copies of any material in the personnel file. 3. Unit members 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 except as provided in subsection (b) of this Section upon written request by the employeeif adequate justification is shown for their removal. 4. The review shall In a specific personnel action no use may be made during normal business hours of any material which has not been properly and at a time when such employee is not otherwise required to render service to timely placed in the District unless mutually agreeable to personnel file with the employee and the employee’s ▇▇▇▇, Director exception of recommendations by reviewing individuals or Manager. (e) Any item to bodies which shall be placed in the personnel file as soon as a decision is reached in the specific personnel action. 5. MSEA or a duly designated representative shall have access to a unit member's personnel file provided written authorization has been granted by the unit member to the custodian of the files. MSEA or the duly designated representative shall be clearly identified as subject to its source or originator the same rules on access and its date of receipt by copying that are applicable to the Districtunit member. (f) Information 6. MSEA agrees to indemnify and hold the Board harmless from and against any liability for any claim of a derogatory natureimproper, except that listed under subsection (b) illegal or unauthorized use by MSEA, or duly designated representative, of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed contained in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.file;

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. (a) There 20.1.1 The personnel file of each employee shall be one (1) official District maintained at the District's Office of Human Resources. Any files kept by an immediate supervisor of any employee shall not contain any material that is not in the main personnel file that would serve as a basis for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of said employee's continued employment. 20.1.2 Information of a derogatory nature shall not be entered or filed unless and until the employee is given notice and an opportunity to review and comment thereon. The employee shall be given an opportunity during normal working hours and without loss of pay to initial and date the material and to prepare a written response to such within ten (10) work days. Police Officers shall have thirty (30) days to provide a written response to any adverse comments placed in the personnel file. The allowed release time to prepare the written response shall not exceed two (2) working hours. The written response shall be attached to the material. 20.1.3 An employee shall have the right at any reasonable time, without loss of pay, to examine and/or obtain copies of any material from the employee’s employment with the District. (b) The 's personnel file. Such material in the file shall be made available for the inspection of the employee is not to whom the file pertains except include ratings, reports reports, or records which were (1) obtained prior to the employment of the employee, employee involved; (2) were prepared by identifiable members of the screening committee involved in selection, members; or (3) were obtained in connection with a promotional evaluationexamination. (c) Official District 20.1.4 All personnel files shall be kept in confidence and shall be available for inspection only to specifically designated persons. No other party shall have access to an employee’s file, except as employees of the result District when actually necessary in the proper administration of a legal proceeding, without the written authorization District's affairs or the supervision of the employee. The Human Resources Office District shall maintain keep a log of access indicating the persons (other than persons whose duty is to maintain the files) who have examined a personnel file, as well as the date such examinations were made. Such log and the employee’s 's personnel file shall be available for examination by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated his/her POA representative of ECCE shall have the right to inspect the file except as provided or designee, if authorized in subsection (b) of this Section upon written request writing by the employee. The review log shall be made during normal business hours maintained in the employee's personnel file. 20.1.5 Any person who places written material or drafts written material for placement in an employee's file shall sign the material and at signify the date on which such material was drafted. Any written materials placed in a time when personnel file shall indicate the date of such placement. 20.1.6 No disciplinary action shall be taken for any cause which arose prior to the employee's becoming permanent, nor for any cause which arose more than two years preceding the date of the filing of the notice of cause unless such cause was concealed or not disclosed by such employee is not otherwise required to render service when it could be reasonably assumed that the employee should have disclosed the facts to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇employing district. (Education Code 88013, Director or Manager.87031) (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity 20.1.7 Bargaining unit members may request to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory documentinformation removed from their personnel file. Such written comments Written request shall be submitted within to the Chief of Police for review and approval or denial. Derogatory materials dated five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and or more years from the affected employee written request shall be released from duty for this purposeremoved, if necessary, without salary reductionunless required by law to be maintained. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 1 contract

Sources: Master Contract

Personnel Files. (a) There shall be one (1) official District personnel file for each A. The contents of an employee. The material in the official District 's personnel file shall be considered and used as kept in the only official personnel record strictest confidence in keeping with the appropriate provisions of the Education Code and the Government Code. B. District‐initiated material to be included in the personnel file (except routine clerical work) shall be signed and dated by the originator, and by the teacher in whose file the material is to be placed. The District shall provide a form to be included in any proceeding the file, indicating by whom and on what date the file was inspected. (Routine clerical or ministerial functions do not constitute inspection.) C. Materials in personnel files which may serve as a basis for affecting an employee's employment status shall be available for inspection by the status of employee or by a representative designated in writing by the employee’s employment with the District. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings1. Ratings, reports reports, or records which were (1) obtained prior to the employment of the employee or as otherwise excluded by law shall be excluded from review by the employee or the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation's representative. (c) Official District personnel files 2. Every employee shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right allowed to inspect the file except as provided materials in subsection (b) of this Section upon written request by the employee. The review shall be 's personnel file upon request, provided that the request is made during normal business hours and at a time when such employee person is not otherwise actually required to render service services to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manageremploying district. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) D. Information of a derogatory nature, except that listed under subsection (b) information contained in an employee's evaluation and information excluded from review by the employee pursuant to paragraph C.1 of this SectionArticle, shall not be entered or filed in the employee's personnel file unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory documentreview and comment thereon. 1. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments The review shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, purpose without salary reduction. (g) When an 2. An employee requestsshall have the right to enter, and have attached to any derogatory statement, the employee's own comments. If the employee has not filed a response within 10 days of notification, the District will seal, in shall file the derogatory statement. Any response filed after the 10‐day period shall be attached to the derogatory statement. E. Written complaints against employees shall be brought to the employee’s personnel file's attention as soon as possible. The procedures outlined by the Uniform Complaint Policy or Complaints Concerning District Employees Policy will be followed. F. If appropriate, information related to disciplinary matters which has existed the written conclusion of the investigation into the complaint will be placed in the personnel file for two (2) years or morefile. The District may unseal and review such material in the event it otherwise determines that discipline employee shall be notified of the employee is appropriatepending placement and shall be allowed to file a response as provided in paragraph D.2 of this Article. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. (a) There The District shall be maintain one (1) official District central personnel file for each employee. The material Each building principal or direct supervisor may keep a working file which will be available for inspection by the affected employee only, upon request. Upon request, a copy of any documents contained in both the official District central personnel file and the supervisor’s working file shall be considered afforded the employee, who shall be charged with only the actual cost of reproductions. The central personnel file may not be examined by unauthorized persons. Those people who may examine the central personnel file are the Superintendent or his/her designee, the Human Resources staff and used as any person authorized by court order. Immediate supervisors may examine the only official personnel record files of persons employed in their school or department under the supervision of Human Resources staff and at the District office. All other persons must have the written permission of the individual whose file is requested for examination provided, however, that nothing herein shall be interpreted as preventing the District in any proceeding affecting from complying with the status requirements of the employee’s employment Public Records Act, Chapter 42.56, RCW. All material placed in the central personnel file will be stamped with the District. (b) The date it was received by District Administration. When material is critical of any employee, the person responsible for placing the material in the file will forward a copy to the employee within ten (10) work days of placement in their personnel file or the material in question cannot be used as evidence in any grievance or disciplinary action against such employee, and shall be made available for removed from the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated personsfile. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall Employees have the right to inspect submit a written statement of rebuttal relating to any material placed in their central personnel file and have such statement attached to, and permanently become a part of, the file except as provided document in subsection (b) of this Section upon written request by question. Evaluative statements from non-professional sources concerning teaching performance shall not be included in the employeecentral personnel file. The review Superintendent or his/her designee shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be expunge material which has been placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the central personnel file for two (2) years or more. The District may unseal and review such material in which, following investigation through the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary grievance process, the employee must has been found to be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actioninvalid.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. The District will adhere to the provisions of the State Law regarding the certificated employee's right to inspect personnel files. (aRCW 28A.405.250) There shall be one (1) official Certificated employees will have the right to inspect their individual files with another certificated member of the Camas District personnel file for each employeeor with their legal or professional counsel present. The District reserves the right to have an observer present when the file is inspected. Under no circumstances is the material in to be taken from the official District personnel file shall be considered and used as or modified without the only official personnel record express written approval of the District in any proceeding affecting Superintendent; provided, however, at the status time of the employee’s employment with the District. (b) The material in the file shall be made available for the each inspection of the each employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect initial and date the materials to verify the contents of the personnel file. Copies of any documents contained therein shall be afforded to the employee at District cost. No other personnel file except shall be kept anywhere in the district, provided that any file for student due process hearings and for the disposition of grievances shall be maintained separately from the employee's personnel file; provided, further, that administrators may keep individual working files as provided necessary for personnel, administration and evaluation. All dispositions of grievances shall be destroyed three (3) years after the date the decision was rendered. No material shall be kept in subsection the employee's personnel file without first being shown to the employee within ten (b10) days of this Section upon written request its receipt or creation by the employeedistrict. The review Material from the personnel file reviewed by an employee and judged by the employee to be derogatory to his/her conduct, service, character, or personality may be answered and/or refuted in writing. Such written response shall be attached to the aforementioned materials and become part of the written personnel records and kept in the file; provided, however, that responses to evaluations shall be made during normal business hours only at the time of evaluation and at a time when such in accordance with the Evaluation Procedure. Disagreement by an employee is not otherwise required to render service to with the District unless mutually agreeable to the employee and content of the employee’s ▇▇▇▇, Director or Manager. (e) Any item 's personnel file may be a matter to be placed pursued through the negotiated grievance procedure. No materials deemed derogatory by the certificated employee shall remain in his/her file for longer than three (3) school years, except the Superintendent may maintain the material in the file beyond the three (3) years in special cases, and notice shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting individual and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reductionAssociation. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. (a) There a. The official personnel file of each employee shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of maintained at the District in any proceeding affecting the status of the employee’s employment with the Districtadministrative office and stored electronically. (b) The material in the file shall be made available for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the b. An employee, (2) prepared by identifiable members of the screening committee involved in selectionwhile on duty, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect and review any official record(s) relating to his/her performance as an employee or to a grievance concerning the file except as provided in subsection (b) of this Section upon written request employee which is kept or maintained by the District in the employee's personnel file in the Human Resources Office. The review contents of such records shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable available to the employee for inspection and review during the regular business hours of the District department or school. c. An employee may also authorize in writing the Union representative to also inspect his/her personnel file. Such reviews shall be reasonable in number, at reasonable intervals, at a reasonable time and in the presence of a member of the administrative staff or his/her designee. d. All personnel files shall be kept in confidence and available for inspection only to other employees and members of the governing board when necessary in the proper administration of the District or the supervision of the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) e. Information of a derogatory nature, except that listed under subsection (b) of this Sectionmaterial excluded from inspection by the Education Code or State Law, shall not be entered or filed unless and until the employee is given a copy of the document and notice (twenty [20] days if personally received by the employee has and emailed to the opportunity employee or thirty [30] days if mailed to have a meeting concerning the matter employee) and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory documentreview and comment thereon. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments review shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, purpose without salary reductiondeduction. An affected employee shall be provided a copy of derogatory materials placed in his/her official personnel file. An employee shall have the right to enter and have attached to any derogatory statement, his/her comments thereon. (g) When an employee requestsf. Upon written request by a unit member, the District will sealremove derogatory material, other than the member's regular evaluations, which was entered in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel his/her file for more than two (2) calendar years or more. The District may unseal and review such material in prior to the event it otherwise determines that discipline date of the employee is appropriate. (h) The Human Resources Office maintains request, and place the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such derogatory material in a timely manner relative to confidential folder in the member's electronic personnel file within 20 calendar days of the employee’s request. The confidential folder may be opened and the specific incident contents referred to at the request or concernwith the permission of the member. The ▇▇▇▇member or his/her designee has the right to request to be present at any opening of the confidential folder. Further, Director, Manager the contents of the confidential folder may be opened and utilized by the District in any proceeding relevant to current disciplinary action or Supervisor shall not use materials or information which have not been previously provided to where dismissal is being considered. The contents of the employee prior to confidential folder will also be produced by the commencement of disciplinary actionDistrict as required by law.

Appears in 1 contract

Sources: Contractual Agreement

Personnel Files. (a) There A. The official personnel file of each employee shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel record of maintained at the District in any proceeding affecting the status of the employee’s employment with the Districtadministrative office. (b) The material in the file shall be made available for the inspection of the B. Every employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the and obtain copies of materials in his/her personnel file upon request, except as provided in subsection (b) of this Section upon written request those excluded from inspection by the employee. The review shall be Education Code or State law, provided that the inspection is made during normal business hours and at a time when such employee is not otherwise actually required to render service to the District. Exceptions to this procedure may be made in unusual circumstances. C. An employee may also authorize in writing a Union representative to-also inspect his/her personnel file. Such reviews shall be reasonable in number, at reasonable intervals, at a reasonable time, and in the presence of a member of the administrative staff or his/her designee. D. All personnel files shall be kept in confidence and available for inspection only to other employees and members of the governing board when necessary in the proper administration of the District unless mutually agreeable to or the employee and supervision of the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) E. Information of a derogatory nature, except that listed under subsection (b) of this Sectionmaterial excluded from inspection by the Education Code or State law, shall not be entered or filed unless and until the employee is given a copy of the document and notice [ten (10) days if personally received by the employee has or fifteen (15) days if mailed to the opportunity to have a meeting concerning the matter employee] and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory documentreview and comment thereon. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments review shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, purpose without salary reductiondeduction. An affected employee shall be provided a copy of derogatory materials placed in his/her official personnel file. An employee shall have the right to enter, and have attached to any derogatory statement, his/her own comments thereon. (gF. Material placed in the personnel file shall be placed in the file on or about the time of the incident(s) When an employee requestswhich caused the material to be drafted, or on or about the time the District became aware of the incident. Except for routine materials, material placed in a personnel file shall indicate the date on which it was received in the District Personnel Office. G. Upon written request by a unit member, the District will sealremove derogatory material, other than the member's regular evaluations, which was entered in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel his/her file for more than two (2) calendar years or more. The District may unseal and review such material in prior to the event it otherwise determines that discipline date of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notesrequest, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such place that derogatory material in a timely manner relative to separate sealed envelope in the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor member's H. No evaluation of any employee shall not use materials or information which have not been previously provided to be placed in any personnel file without extending an opportunity for discussion between the employee prior to and the commencement of disciplinary actionevaluator(s).

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. (a) 10.1 There shall be one (1) official District personnel file for each employee. The material unit member maintained in the official District Office of Human Resources. 10.2 Per Education Code section 87031(b)(3), materials in the personnel file shall be considered and used as not include ratings, reports, or records which: (a) were obtained prior to the only official personnel record of the District in any proceeding affecting the status of the employee’s employment with the District.unit members’ employment; (b) The were prepared by identifiable examination committee members; (c) were obtained in connection with a promotion. 10.3 No adverse action shall be taken against a unit member based upon written material which is not contained within the official personnel file unless otherwise allowed by law. 10.4 Materials of a derogatory nature shall not be filed in the employee’s personnel file until the employee has been given a 10 business day opportunity to review and comment thereon. The employee may have the written comment attached to the derogatory material. The employee will be released from duty to review such materials. 10.5 Materials in a unit member’s personnel file shall be made available to the unit member for inspection during the inspection employee’s work hours without adversely affecting the work of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated personsDistrict. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without Upon the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇unit member, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, materials in the employee’s personnel filefile will be made available to designated representatives. The employee will indemnify and hold harmless the District from any and all claims, information related demands, suits, or any actions arising from such access or review. 10.6 A unit member may be asked to disciplinary matters which has existed sign a copy of material being placed in the personnel file file, but the signature only indicates that the unit member has received a copy of the material and does not mean agreement with the contents of the materials. 10.7 No disciplinary action shall be taken for any cause which arose prior to the unit member’s becoming permanent, nor for any cause which arose more than two (2) years or more. The District may unseal and review such material in preceding the event it otherwise determines that discipline date of the employee is appropriatefiling of the notice of cause unless such cause was concealed or not disclosed by such unit member when it could be reasonably assumed that the unit member should have disclosed the facts to the District. (h) The Human Resources Office maintains the only official 10.8 It is recognized that all personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, are confidential and all efforts should be made to have such files stored and/or maintain copies of unacceptable work products. However, none of these may be used maintained in a disciplinary process without prior knowledge of manner which provides for such confidentiality. Official personnel files, to insure confidentiality, are available for review only to authorized District personnel, and receipt of copies by the employee. If other persons having a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative legal right to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionreview.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. (a) 5.1 There shall be one (1) official District personnel file for each employeefaculty member. The material personnel file for each faculty member shall be maintained by the District in the Human Resources Department. The file shall consist of records of employment with the District, records of educational advancement, and other work experience pertaining to the status of the faculty member's employment with the District including leave forms, transcripts, recommendations, evaluations, correspondence pertaining to the member, and faculty service area designations. 5.2 Only materials in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s faculty member's employment with the District. (b) The material in the . This file shall be made available for the inspection of the employee only file used in any disciplinary or dismissal proceeding. 5.3 A faculty member may inspect his/her official personnel file or may, upon his/her written authorization, designate a representative to whom review the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours in the presence or absence of the faculty member. Where the member selects an Association representative to review the member's file, the Association and at a time when such employee faculty member agree to indemnify and hold harmless the District for any loss or damage whatsoever arising from operation of this subsection insofar as said loss or damage is not otherwise required to render service related to the Association representative reviewing the file. The District unless mutually agreeable agrees to be bound by applicable federal and/or state statutes concerning the privacy and confidentiality of such records and files. Access to the employee official District personnel file shall be limited to District administrators, supervisors, and authorized Human Resources Department staff. 5.4 The District shall keep a log indicating the persons (other than persons whose duty it is to maintain the files) who have examined a personnel file, as well as the date such examinations were made. No records (except payroll memos, TB reports, transcripts, credentials and faculty service areas) may be copied without the faculty member's written permission. Records shall be kept of any materials copied, indicating the number of copies and the employee’s ▇▇▇▇, Director or Managername and address of the person who received said copies. (e) 5.5 All reviews shall be done in the presence of a management or confidential employee or designee who shall be positioned in a manner ensuring confidentiality to the parties and security of the file. 5.6 Any item to be placed in the file shall be clearly identified identifiable as to its source or originator and its date of receipt by the District. (f) Information 5.7 Any material placed in a faculty member's personnel file must be signed and dated by the originator and the management person responsible for placing it in the file, and a 5.8 Only materials related to the faculty member's assigned duties or professional responsibilities shall be placed in the personnel file. In the case of derogatory materials related to a derogatory naturefaculty member's assigned duties or professional responsibilities, except that listed under subsection (b) of this Section, such material shall not be entered or filed placed in a faculty member's personnel file unless and until the employee faculty member is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make review, comment, and have such comments attached to the material in question. The faculty member has ten (10) working days to review and comment on any material of a derogatory nature before it is placed in his/her own written commentsfile. If additional time is needed, which will the faculty member may request a time extension from the Human Resources Department. Once material is placed into the file, a response may be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reductionat any time. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed 5.9 Materials not included in the personnel file include ratings, reports and records obtained prior to employment of the faculty member and any other materials related to application for two (2) years other positions in the District. 5.10 Upon the request of a faculty member, a copy of material to which he/she is entitled shall be made for him or moreher. 5.11 A faculty member may request, in writing, to have placed in his/her file such material as he/she determines may have a bearing on his/her position as a faculty member. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriatewill provide forms for this purpose. (h) The Human Resources Office maintains the only official 5.12 In accordance with Title V, Section 59023, personnel file for each employee. Departments/Divisions may keep in general files notesrecords are classified as records, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work productswhich must be retained permanently. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such no material in a timely manner relative faculty member's personnel file more than four (4) years old shall be used to the specific incident deny tenure, discipline, evaluate, dismiss or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actiontransfer a faculty member unless otherwise required by law.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. Section 1. All personnel files in the University are public information. The Department of Human Resources Development and Labor Relations is responsible for the creation, maintenance and coordination of the official University personnel files for bargaining unit employees. The official personnel file (a“Personnel File”) There for each employee shall be one (1) official District personnel file for each employee. The material maintained in the official District personnel file shall Department of Human Resources Development and Labor Relations. Individual employees' working files that are needed to carry out the day-to-day administrative functions of departments/colleges may be considered and used as kept in the only official personnel record of the District in any proceeding affecting the status offices of the employee’s employment with 's Department and/or the District▇▇▇▇ of the College. Upon written request, employees shall have access at reasonable times to their working files. (b) The material in Section 2. To obtain access to her/his Personnel File, an employee shall make a written request to the file Vice President for Business Affairs and Finance or designee. Section 3. Upon written request to the Vice President for Business Affairs and Finance or designee, any employee shall be made available for the inspection given, at no cost, a copy of the employee to whom the file pertains except ratings, reports or records which were (1any item(s) obtained prior to the employment of contained within the employee, (2) prepared by identifiable members of the screening committee involved in selection, or 's Personnel File within three (3) obtained in connection with a promotional evaluationworking days. (c) Official District personnel files shall be available only to specifically designated personsSection 4. No other party shall have access to an employee’s file, except as the result of If a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee document is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed inserted into the Personnel File and does not include in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered or filed unless and until the employee is given distribution a copy of the document and for the employee employee, a copy of the document shall be forwarded to the individual at the time the document is inserted in her/his file. There shall be no official disciplinary action documents in an employee's Personnel File that he/she has the opportunity to have a meeting concerning the matter and not had an opportunity to make his/her own written comments, which will review and sign. No anonymous letters of commendation or complaint shall be placed or maintained in an employee's Personnel File. Section 5. Employees have the right to add complimentary materials to their files at any time. Section 6. An employee may attach a written response to any item in the file attached employee's Personnel File or working files. The employee shall send such written response to the derogatory documentVice President for Business Affairs and Finance or designee for the Personnel File, and to the appropriate administrator for working files. Section 7. Such written comments Any request to see an employee's file(s) must be made in writing. An employee whose file has been requested by a third party shall be submitted within five immediately notified in writing of the request. The request for access shall not be complied with until one (51) working daysday after the Section 8. Such meeting The official Personnel File for each employee will contain the following, if available: A. Letter of application and opportunity all materials requested or received by the University from persons other than the applicant in connection with the employee's original employment, including official academic transcripts; B. Offer of appointment and initial date of employment; employee's contracts, letters of continuation or letters of intent; C. Job description(s); D. Documents relating to write comments shall take place during normal business hoursposition classification, grade, and length of time in position; E. Documents relating to promotions, reclassifications, or transfers; F. Documents pertaining to salary recommendations; G. Documents pertaining to the affected employee's professional activities and accomplishments; H. Performance evaluations and reviews; I. Information pertaining to extended leaves; J. Disciplinary records; and K. Information pertaining to separation from employment. Section 9. Grievance files: Only the final written resolution, if any, of any grievance pursuant to Article VIII filed by an employee shall be released from duty included within the Personnel File. Section 10. If an employee disputes the accuracy, relevance, timeliness, or completeness of the information contained in her/his Personnel File, he/she may request the Vice President for this purposeBusiness Affairs and Finance or designee to investigate the current status of the information. Such request shall be in writing and shall contain a concise statement as to why the employee believes such information to be inaccurate, irrelevant, untimely or incomplete. Within sixty (60) days, the Vice President or designee shall undertake such investigation and shall notify the employee of the results of the investigation and the actions, if necessary, without salary reduction. (g) When an employee requestsany, the District will seal, in University plans to take with respect to the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or moredisputed information. The District may unseal and review such material in the event it otherwise determines Vice President or designee shall delete any information that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may cannot be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, verified or is intended for use in the disciplinary process, the employee must found to be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actioninaccurate.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. (a) There shall be one (1) official District 20.1 One personnel file for each employeeUnit Member shall be maintained by the personnel officer of the District. The material Management working files and grievance files shall be separate from the official personnel file of the Unit Member. 20.2 Materials in the official District personnel file shall be considered and used made available for inspection by the Unit Member upon request. 20.3 Materials in personnel files of bargaining unit members, which may serve as the only official personnel record of the District in any proceeding a basis for affecting the status of the employee’s employment with the District. (b) The material in the file shall their employment, are to be made available for the inspection of the employee person involved. Every person shall have the right to whom inspect such materials upon request, provided that the file pertains except request is made at a time when such person is not actually required to render services to the District. 20.4 Such material is not to include ratings, reports reports, or records which that were (1) obtained prior to the employment of the employeeperson involved, (2) were prepared by identifiable members of the screening examination committee involved in selectionmembers, or (3) were obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall examination; except that the bargaining unit member may have access to an employee’s file, except their numerical scores obtained as the a result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functionsexamination. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) 20.5 Information of a derogatory nature, except that listed under subsection (b) material mentioned in the immediately preceding paragraph of this Sectionarticle, shall not be entered or filed unless and until the employee bargaining unit member is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice thereof and an opportunity to make his/her own written comments, which will be placed in review and comment thereon. A bargaining unit member shall have the file right to enter and have attached to the any such derogatory documentstatement their own comments thereon. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall review may take place during normal business hours, and the affected employee bargaining unit member shall be released from duty for this purpose, if necessary, purpose for a reasonable period of time without salary reduction. (g) When 20.6 Subject to the above conditions, an employee requestsauthorized Association representative may accompany the bargaining unit member in inspecting the bargaining unit member's personnel file; or may inspect the personnel file provided The Association representative first presents a current written authorization to do so signed and dated by the bargaining unit member. An appointment shall be scheduled for such review as soon as practicable. 20.7 In the event the bargaining unit member or their authorized representative requests copies of non- confidential materials, the District will seal, may charge the actual copying cost to the bargaining unit member. 20.8 All material placed in a unit member's file shall be dated and signed by the person who caused the material to be prepared. 20.9 Material in the employee’s personnel file, information related which is grieved under this contract, may be subject to disciplinary matters which removal as part of the ordered or agreed upon remedy. 20.10 Material in management working files on a unit member shall be available for inspection by the unit member or their authorized Association representative. "Authorized" means the bargaining unit member has existed executed written permission for the representative to view the file. Material submitted in confidence may be sealed off and a copy placed in the personnel file for two (2) years file, which deletes reference to the identity of the writer or moresource of the material. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy existence of such material working files in a timely manner relative no way abrogates management's responsibility to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary actionfollow proper discipline procedures.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. (a) There shall be one (1) official District A. A personnel file exists as a record of an individual’s employment history, achievements, and activities. The personnel file for adjunct faculty is maintained by college Human Resources Office for each employeecovered adjunct faculty. The material in contents of personnel files shall include documents used to support personnel action or other employment records or employment-related correspondence. The existence of the official District personnel file shall not preclude duplicative or non-official files, but any such files shall not be considered and used as the only official personnel record file of the District in any proceeding affecting adjunct faculty member. In the status of event that information is omitted, absent, or missing from his/her personnel file, the employee’s employment with the District. (b) The material in the file employee shall be made available for the inspection of the employee able to whom the file pertains except ratings, reports or records which were (1) obtained prior submit such information to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The college Human Resources Office and the same shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functionsbe included in such personnel file. B. The covered adjunct faculty, his/her authorized representative (d) An employee or designated representative with written authorization), and appropriate officials of ECCE the College and the CCSNH shall have the right to access an employee’s personnel file. Third parties are not entitled to inspect personnel files, unless otherwise required by law. C. Employees shall be provided with a copy of letters of complaint by a third party and letters of commendation at the file except as provided same time such letters are placed in subsection (b) of this Section upon written request by the employeepersonnel file. The review personnel file shall not contain any anonymous correspondence. D. An employee shall have the right to respond to any material placed in the personnel file and such response shall be made during normal business hours and at a time when such employee is not otherwise required to render service part of the personnel file appended to the District unless mutually agreeable to the employee and the original material. No material reflecting adversely on an employee’s ▇▇▇▇, Director performance or Manager. (e) Any item related to any disciplinary action shall be placed in the personnel file until the employee has been given a copy or notified of the material. E. All materials within the personnel file are available for inspection and copying. Covered adjunct faculty shall be allowed access to their official personnel file during the normal business hours of the college Human Resources Office with prior arrangement. A single copy of documents requested by the employee shall be provided by the college Human Resources Office without charge. F. Medical records shall not be part of the employee’s official personnel file. A separate file shall be clearly identified as to its source or originator and its date of receipt maintained by the District. (f) Information of a derogatory nature, except that listed under subsection (b) of this Section, shall not be entered CCSNH or filed unless and until the employee is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written comments, which will be placed in the file attached to the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The College Human Resources Office maintains the only official personnel file as allowed by law, for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use documents including medical records obtained in the disciplinary process, the employee must course of employment including any permitted drug or alcohol testing; first reports of injury; applications and memos of payments related to workers’ compensation benefits; and requests for reasonable accommodations. Such files shall be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided available to the employee prior for inspection and copying. G. No part of this provision shall be in violation of RSA 91-A, New Hampshire’s “Right-to-Know” Law or RSA 275:56 and the parties agree to comply with the commencement provisions of disciplinary actionsuch statutes, as amended. Should new statutes become effective with regard to personnel files and records, the CCSNH will react appropriately to comply with those statutes and will notify all personnel accordingly.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. (aA. The District Human Resources office shall establish and maintain file(s) There for each unit member. The file(s) shall be one (1) the official District personnel file district repository for each employee. The material in the official District personnel file shall be considered following categories: 1. Materials associated with initial employment, such as applications, transcripts, and/or placement file(s). 2. Materials necessary for and used as the only official personnel record of the District resulting from a unit member's employment in any proceeding affecting the status of the employee’s employment with the District, such as credentials and payroll, assignment, promotion, transfer, performance evaluation, commendations, and recommendations. (b) The material in the file 3. Transcripts of training and letters of verification of previous employment shall be made available by each unit member for the inspection of the employee to whom the file pertains except ratings, reports or records which were (1) obtained prior to the employment of the employee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or files as soon as possible after employment. Further, it is the Vice President responsible responsibility of the unit member to keep his/her file up to date as far as credits for human resources functionsfurther training after employment in the District are concerned. The District shall take such precautions as necessary to provide for the physical security of these records. B. Each unit member shall possess the following rights with reference to his/her official personnel file established and maintained in the Human Resources Department at the Educational Services Center and any work site file at the local campus: 1. The District shall observe and enforce strict confidentiality of the personnel file(s), whether kept at the Educational Services Center or at the work site campus. Access to and use of the contents of the file(s) shall be limited exclusively to those persons with a legitimate administrative need for such data. This obligation of confidentiality shall survive termination of employment and continue for as long as the file is maintained. The District will ensure secure destruction for any file(s) of former unit members that it chooses to discard. 2. Each unit member has the right to have the file contents disclosed to him or her, excepting only ineligible contents. Ineligible contents are only those materials received in confidence by the District from outside sources prior to hiring of the unit member (d) An employee or designated representative which may include, for example, any confidential letters of ECCE reference), and those confidential materials generated by the District in the pre-employment interviewing and screening process (such as notes made by District interviewers regarding candidates). Examination of the files shall take place in the presence of an administrator at a time that does not interfere with the unit member’s assigned duties. The unit member has the right to have copies of the examined contents made available to him/her. A reasonable fee may be charged for more than one copy of materials provided. A unit member shall have the right to inspect authorize in writing a representative to examine the unit member's file(s) in the Human Resources office at the Educational Services Center and the work site file except as provided and to obtain copies to the same extent that the unit member could do so in subsection (b) of this Section upon written request by the employeeperson. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to unit member will hold the District unless mutually agreeable blameless in the case of misrepresentation as to the employee and the employee’s ▇▇▇▇, Director or Managersuch written authorization. (e) Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. (f) Information 3. After hiring, information of a derogatory nature, except that listed under subsection (b) of this Section, nature shall not be entered or filed filed, unless and or until the employee unit member is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter notice and an opportunity to make review and comment thereon. A unit member shall have the right to enter and have attached to any such derogatory statement his/her own written comments, which will be placed in the file attached to the derogatory documentcomments thereon. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments review shall take place during normal business hours, and the affected employee unit member shall be released from duty for this purpose, if necessary, purpose without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The District may unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Personnel Files. (a) 12.1 There shall be only one (1) official District personnel file for each employeebargaining unit member. The personnel file shall be kept in a secured place in the Office of Human Resources. The material in the official District personnel file shall be considered and used as the only official personnel record of the District in any proceeding affecting the status of the employee’s bargaining unit member's employment with the District. The personnel file shall include, but need not be limited to, records of employment with the District and records of professional evaluation. In addition, such records as educational advancement and pertinent work experience as provided by the bargaining unit member shall be a part of the official District file. (b) 12.2 The material in the file shall be made available for the inspection of the employee bargaining unit member to whom the file pertains except ratings, reports reports, or records which were (1) obtained prior to the employment of the employee, bargaining unit member; (2) prepared by identifiable members of the screening examination committee involved in selection, or members; and (3) obtained in connection with a promotional evaluation. (c) Official 12.3 Any employee may examine his or her own personnel file maintained by the Chaffey Community College District personnel files shall be available only to specifically designated personsat any reasonable time. No other party shall A representative may, with written authorization by the bargaining unit member, have access to the respective file. Such review shall take place in the presence of an authorized representative of the Chaffey Community College District. An employee may not remove documents from the personnel file but may request to have such documents reproduced for personal use at the employee’s 's expense. When a bargaining unit member's file is opened for any purpose other than routine office work, a file utilization form shall show the name of the person opening the file, except as the result of a legal proceedingdate, without and the written authorization of the employee. The Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functionspurpose. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s ▇▇▇▇, Director or Manager. (e) 12.4 Any item to be placed in the file shall be clearly identified as to its source or originator and its date of receipt by the District. Anonymous communications shall not be placed in the personnel file or in any other file maintained in the District. (f) 12.5 A bargaining unit member may forward to the chief personnel officer materials for inclusion in his or her file. All reasonable requests for inclusion of pertinent material in the bargaining unit member's file shall be accommodated. Materials not filed shall be returned to the bargaining unit member. 12.6 The bargaining unit member shall have the right to respond in writing to any clearly designated item in the file. The response shall be attached to the designated item. 12.7 Information of a derogatory nature, except that listed under subsection (b) Section 12.2 of this SectionArticle, shall not be entered or filed unless and until the employee bargaining unit member is given a copy of the document and the employee has the opportunity to have a meeting concerning the matter written notice and an opportunity to make his/her own review and attach a written commentsresponse within twenty (20) calendar days of receipt of such materials in accord with California Education Code provisions. Due to special circumstances, which will a time extension may be placed granted by the Chief Instructional Officer or designee. 12.8 The bargaining unit member shall have the right to copies of materials within the file except as noted in Section 12.2 above. The actual cost of such duplication shall be paid by the bargaining unit member. In the event of disciplinary action against the bargaining unit member, such member, upon request, shall be provided, at District, expense with a copy of any or all material in the file attached to deemed necessary by the derogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hoursbargaining unit member, and the affected employee shall be released from duty for this purpose, if necessary, without salary reductionexcept as noted in Section 12.2 above. (g) When an employee requests, the District will seal, 12.9 The first-level manager may remove derogatory material placed in the employee’s personnel file, information related to disciplinary matters which has existed in the a faculty member's personnel file for two (2) years or more. The District may unseal and review such material in other than Class I—permanent records), upon the event it otherwise determines that discipline written request of the employee is appropriatefaculty member. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a ▇▇▇▇, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of such material in a timely manner relative to the specific incident or concern. The ▇▇▇▇, Director, Manager or Supervisor shall not use materials or information which have not been previously provided to the employee prior to the commencement of disciplinary action.

Appears in 1 contract

Sources: Collective Bargaining Agreement