Common use of Removal of Adverse Material Clause in Contracts

Removal of Adverse Material. After two (2) years have elapsed following a written statement or disciplinary action and the employee remains in continuous active service and has received performance evaluations of satisfactory or better the City will, upon the written request to the Chief by the individual employee, remove all such documents from the employee's file (both the official file which is kept by Human Resources as well as the unofficial file kept by the Fire Department) and will place those documents in a file which is kept only for the purpose of retention of evidence in the event the City needs such records to defend itself against allegations of discrimination and/or deprivations of civil rights. Such files shall be maintained by and access limited to Legal Department staff.

Removal of Adverse Material. ‌ After two (2) years have elapsed following a written statement or disciplinary action and the employee remains in continuous active service and has received performance evaluations of satisfactory or better the City will, upon the written request to the Chief by the individual employee, remove all such documents from the employee's file (both the official file which is kept by Human Resources as well as the unofficial file kept by the Fire Department) and will place those documents in a file which is kept only for the purpose of retention of evidence in the event the City needs such records to defend itself against allegations of discrimination and/or deprivations of civil rights. Such files shall be maintained by and access limited to Legal Department staff.