Common use of Written Rebuttals Clause in Contracts

Written Rebuttals. An employee may, at any time, submit for inclusion in the personnel file, a written rebuttal or comment regarding materials placed in their file. Removal of Material An employee may request that the Director of Human Resources remove or destroy material that the employee believe to be false, frivolous, irrelevant, or to have been improperly included in the file. All adverse material or information related to alleged misconduct that is determined to be false, and all such information in situations where the employee has been fully exonerated of wrong doing, shall be promptly removed from the employee’s files and destroyed, however, the information may be retained if the employee requests that the information is kept in their file; or retained by the Employer in a legal defense file if the information is related to pending legal action or legal actions may reasonably be expected to result. Public Disclosure When documents contained in a unit employee’s official personnel file are subject to a public disclosure request by the general public, other government agencies or any other person under RCW 42.56, the Employer shall take the following actions prior to disclosure: Promptly notify affected employee(s) of the request. Provide a copy of the requested document(s) to the affected employee(s), if they so desire. Provide an opportunity to the affected employee(s), within seventy-two (72) hours of notification, to consult with the Employer on the public disclosure request. Upon consultation with the Employer, the employee may request an additional five (5) calendar days in which to seek an injunction preventing provision of the documents to the requesting party. Supervisor Working Files Supervisors may keep working files regarding employees. Documents in the supervisor’s working file must be dated and may be kept only as long as they have a reasonable bearing on the employee’s performance, but in no event longer than two (2) years. Medical Information Files Any health and medical information which is obtained by the Employer must be maintained in a separate, confidential file. Access to this information by the Employer’s personnel will be strictly limited to those persons with a legitimate business or legal need to know. Employees will not be requested to sign a general or unlimited waiver of medical confidentiality.

Written Rebuttals. An employee may, at any time, submit for inclusion in the personnel file, a written rebuttal or comment regarding materials placed in their file. Removal of Material An employee may request that the Director AVP of Human Resources remove or destroy material that the employee believe to be false, frivolous, irrelevant, or to have been improperly included in the file. All adverse material or information related to alleged misconduct that is determined to be false, and all such information in situations where the employee has been fully exonerated of wrong doing, shall be promptly removed from the employee’s files and destroyed, however, the information may be retained if the employee requests that the information is kept in their file; or retained by the Employer in a legal defense file if the information is related to pending legal action or legal actions may reasonably be expected to result. Public Disclosure When documents contained in a unit employee’s official personnel file are subject to a public disclosure request by the general public, other government agencies or any other person under RCW 42.56, the Employer shall take the following actions prior to disclosure: Promptly notify affected employee(s) of the request. Provide a copy of the requested document(s) to the affected employee(s), if they so desire. Provide an opportunity to the affected employee(s), within seventy-two (72) hours of notification, to consult with the Employer on the public disclosure request. Upon consultation with the Employer, the employee may request an additional five (5) calendar days in which to seek an injunction preventing provision of the documents to the requesting party. Supervisor Working Files Supervisors may keep working files regarding employees. Documents in the supervisor’s working file must be dated and may be kept only as long as they have a reasonable bearing on the employee’s performance, but in no event longer than two (2) years. Medical Information Files Any health and medical information which is obtained by the Employer must be maintained in a separate, confidential file. Access to this information by the Employer’s personnel will be strictly limited to those persons with a legitimate business or legal need to know. Employees will not be requested to sign a general or unlimited waiver of medical confidentiality.