Unit Member Files Clause Samples
The "Unit Member Files" clause establishes the requirements and procedures for maintaining records related to individual members of a unit, such as employees or association members. Typically, this clause outlines what information must be included in each file, who is responsible for maintaining the files, and the circumstances under which the files may be accessed or updated. For example, it may specify that files should contain employment history, disciplinary actions, or contact information, and that access is limited to authorized personnel. The core function of this clause is to ensure proper documentation and confidentiality of member information, thereby supporting organizational transparency and compliance with privacy regulations.
Unit Member Files. 13.4.1 Materials in the personnel file of a unit member, except as noted below, will be made available for inspection by the unit member involved. Upon written 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 file. Material which may be excluded from inspection will 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, or were obtained in connection with a promotion examination.
13.4.2 Unit members will have the right to inspect and obtain a copy of personnel file materials upon request.
13.4.3 There will be a single personnel file for each unit member. Personnel files will be kept in the central administrative office of the District.
13.4.4 Information of a derogatory nature will not be entered or filed unless and until the unit member is given notice and an opportunity to review and comment thereon. A unit member will have the right, within sixteen (16) workdays, to enter and have attached to any such derogatory statement his/her own comments thereon. Such review will take place during normal business hours and if necessary the unit member will be released from duty preceding or following the instructional day for this purpose without salary deduction.
13.4.5 All material placed in a unit member’s personnel file will be dated and signed by the person who caused the material to be prepared.
13.4.6 Access to a unit member’s personnel file will be limited to a “need to know” basis. Access authorization must be obtained from either the Superintendent or personnel officer. The contents of all personnel files will be kept in strictest confidence. The District will keep a log indicating the persons who have made a request to examine a personnel file, as well as the dates such request were made. Such a log will be available for examination by the unit member or his/her authorized Association representative.
Unit Member Files. 1. The District shall maintain only one personnel file for each certificated unit member. Only materials in this file shall be used in any disciplinary or dismissal proceeding.
2. If derogatory materials are deemed serious enough for further action (e.g., placement in personnel file, disciplinary or dismissal proceedings), the following procedures shall be utilized:
a. The material shall be submitted to the appropriate site administrator for review. The administrator shall send a copy of the derogatory material to the unit member within two (2) days of the receipt of the materials.
b. The unit member may request a meeting with the site administrator to review the material and establish whether or not a factual basis for the material exists. The unit member may have a representative at this meeting.
c. If any derogatory material is placed in the file, factual substantiation of that material must be included, and the unit member shall be notified of the intended entry by certified mail or hand delivery. After receiving copies of the notice and the intended entry, the unit member shall have the right to respond within fifteen (15) working days. The response shall be attached to the material and placed in the unit member's personnel file. If no response is received, the material will be placed in the unit member's personnel file upon expiration of the fifteen (15) day period.
3. A unit member shall be permitted to place in his/her file any material that he/she feels is pertinent to his/her professional career, performance, and qualifications.
4. Upon request, a unit member shall have the right to see and reproduce all documents not prohibited by statute in his/her personnel file. A copy of materials used by the District in any disciplinary, dismissal or grievance proceedings will be provided at no cost. A unit member may, upon his/her written authorization, designate a representative to review the file in the presence or the absence of the unit member.
5. All reviews shall be done in the presence of a management unit member or designee who shall be positioned in a manner ensuring confidentiality to the parties and security of the file.
6. Access to the official District personnel files shall be limited to the superintendent or properly authorized staff. The District will keep a log indicating the persons who have examined a personnel file, as well as the dates such examinations were made. Such log will be available for review by the unit member or his/her auth...
Unit Member Files. 15.1 Copies of a unit member’s Summary Certificated Personnel Evaluation 1759 Report shall be filed only in the District Human Resources Office and 1760 the evaluator’s office. These files are open for inspection by the unit 1761 member and/or a designated representative having the unit member’s 1762 written authorization.
Unit Member Files. 1. No material other than that of a routine financial nature or that used in the hiring process shall be placed in the file unless the unit member has had an opportunity to read the material. In any case of inspection by a member of the bargaining unit, an administrator or an administrator's designee shall be present.
2. The unit members shall have a reasonable opportunity to acknowledge that they have read such material by affixing their signatures on the actual copy to be filed with the understanding that such signatures merely signifies that they have read the material to be filed. Such signatures do not necessarily indicate agreement with its content. The unit members shall have the opportunity to make a written statement to be permanently attached thereto in response to any material placed in their file.
3. Upon request, unit members will be given access to their files without undue delay. No unit member shall be shown confidential recommendations received from sources outside of the school at the time of appointment.
4. A unit member may copy any material found in his/her file.
Unit Member Files. Official unit member files in a school shall be maintained under the following conditions:
1. No material derogatory to a unit member’s conduct, service, character or personality shall be placed in the files unless the unit member has had the opportunity to read the material. The unit member shall acknowledge that he/she has read such material 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 material to be filed and does not necessarily indicate agreement with its content. However, an incident, which has not been reduced to writing and provided to the unit member within ten (10) days of its occurrence exclusive of the summer vacation period, may not later be added to the files.
2. The unit member shall have the right to answer any material filed and his/her answer shall be attached to the file copy.
3. Upon request by the unit member, he/she shall be permitted to examine his/her files and the unit member may elect to have an additional witness of his/her own choosing.
4. The unit member shall be permitted to reproduce any material in his/her files.
5. Material shall be removed from the file if a unit member can show that: -- It is inaccurate. -- The person recording the information for the file was not in an appropriate position to make the judgment which has been placed in the file. -- The material is shown to be misleading. Then such material will be rewritten and placed in the file. The administrator’s value judgment of unit member performance itself cannot be challenged for removal from the file if it is placed in compliance with the above.
6. Material not contained in the official folder may not be used against the unit member in any disciplinary action.
Unit Member Files.
15.1 Copies of a unit member’s Summary Certificated Personnel Evaluation 1906 Report shall be filed only in the District Human Resources Office and 1907 the evaluator’s office. These files are open for inspection by the unit 1908 member and/or a designated representative having the unit member’s 1909 written authorization.
15.15.2 Information of a derogatory nature shall not be entered or filed unless 1911 or until the unit member is given notice and an opportunity to review, 1912 to comment, and sign an acknowledging receipt. 1914 derogatory statement. A unit member may review the file during 1915 normal Human Resources Office hours.
1916 15.15.4 If such derogatory information is placed in the unit member’s 1917 personnel file in the District Human Resources Office, the unit 1918 member shall have the opportunity to review and respond to the 1919 information within a reasonable amount of time during normal Human 1920 Resources Office hours. 1921 15.15.5 Employee’s files are confidential. Governing Board members may 1922 only review an employee’s file at a duly constituted personnel session 1923 of the Governing Board. 1924 1925
Unit Member Files. 25.1 The District shall maintain in its central office an official personnel file for each unit member. Such file shall contain copies of personnel transactions, including annual salary notices, compilations of leave accruals and requests for leave, if any; official correspondence with the unit member; and all official correspondence, memoranda and documents relating to the unit member’s job performance or to promotion, discipline or evaluation of the unit member by the District. Any letter or report of a laudatory nature shall be placed in the file. The official personnel file shall not contain references and other statements submitted or received in connection with the unit member's application for employment by the District.
25.2 A copy of each document to be filed in the official personnel file shall be provided to the unit member at the time it is inserted in the file.
26.3 The contents of the official personnel file may be reviewed by the unit member upon reasonable advance notice in writing to the District at any time during normal working hours, together with a representative should the unit member select one for such purpose. Upon further written request therefore, the unit member shall be furnished with a copy of any document contained in his or her official personnel file.
25.4 Except where the unit member has otherwise agreed in writing, the unit member may file a response to any document in the official personnel file, which response shall be appended to such document. If the unit member feels that any material placed in the official personnel file is inaccurate, he or she may file a grievance, except as to evaluation content subject to the APPR procedures.
26.1 No unit member will be penalized or disciplined for personal political or philosophical beliefs or opinions as long as these beliefs and/or opinions do not interfere with classroom performance.
