Common use of A & S RIGHTS Clause in Contracts

A & S RIGHTS. A. Personnel Files 1. No material related to an A & S person’s conduct, service, character, or personality shall be placed in the file unless it is signed by the person submitting the information. The person shall be given the opportunity to acknowledge that the person has read such material by affixing one’s signature on the actual copy to be filed with the understanding that such signature merely signifies that the A & S person has read the materials to be filed and does not necessarily indicate agreement with its contents. No such material shall be used in a hearing against an A & S person unless opportunity for such review has been afforded. An A & S person’s refusal to sign will be noted by an administrator and a witness. If the item has been sent to the administrator by “Certified Restricted Mail”, then the certified mail receipt may be attached to the item in lieu of the administrator’s signature on the copy. 2. The A & S person shall have the right to answer any material filed and the answer shall be attached to the file copy. The appropriate administrator or supervisor shall affix signature to the reply indicating that such reply was read and noted. 3. A & S personnel shall be permitted to examine their files at all reasonable times during their employment by the Xxxxxxx County Board of Education and for a period of not less than thirty (30) days after such employment terminates. A designee of the Superintendent shall be present at all times. A copy of any document filed shall be provided the A & S person, at cost. 4. An A & S person’s file shall be open to inspection by only those persons whose official responsibilities require such inspection. With the exception of the Director of Personnel and his/her clerical staff when performing regular routine clerical duties, a record of the date and name of any person inspecting a file shall be maintained. This record shall be made available to A & S personnel as provided for in sub-section 3 above. 5. Supervisors of A & S persons shall continue to place in an A & S person’s file information of a positive nature indicating special competencies, achievements, performances, or contributions of an academic, professional, or civic nature. Any such material received form competent, responsible outside sources shall also be included in an A & S person’s file. 6. Letters of personal references received prior to initial employment are confidential and not subject to review. 7. Adverse material properly placed in an A & S person’s file and not acted upon within two (2) years may be removed upon request by the A & S person with the approval of the Superintendent. All materials related to the A & S evaluation process shall be exempt from this provision. 8. Complaints in regard to A & S personnel which are, in the judgment of the Superintendent, of a substantive nature will be discussed with the administrator or supervisor. If subsequently a complaint is placed in the employee’s file by the Superintendent, a copy will be sent to the administrator or supervisor who may respond in writing and have the response become a part of the file.