Common use of ACCESS TO PERSONNEL AND BPD ADMINISTRATIVE FILES Clause in Contracts

ACCESS TO PERSONNEL AND BPD ADMINISTRATIVE FILES. Employees shall be provided a copy of all performance related memoranda (including performance evaluations) placed in their official personnel file which is retained in the Human Resources Department, and their administrative file which is retained in the Police Department. Personnel files shall be kept in a secured location. Items that are to be removed shall be returned to the employee for disposition. Affected employees shall be provided a copy of derogatory matters placed in their official personnel file, and shall have access to derogatory material placed in their administrative file maintained by the Police Department. No employee shall have any derogatory material placed in his/her file without them first reading and signing indicating awareness of such derogatory material. Should an employee refuse to sign, the derogatory material will nevertheless be placed in his/her file. An employee shall have thirty (30) days within which to file a written response to any derogatory material entered into his/her personnel file. Such written response shall be attached to, and shall accompany, the derogatory material. Derogatory material contained in the personnel file over two (2) years old will not be utilized in evaluating an individual for promotion, but all material in the personnel file not more than three (3) years old may be utilized in progressive discipline and/or grievance proceedings, except for Demotions, which can be considered in promotions, progressive discipline, and grievance proceedings for the five (5) years they remain in the personnel file. Upon written request of the employee, derogatory material in the personnel file and administrative file shall be removed in accordance with the timelines prescribed in Section 3.1B above. Derogatory material pertaining to attendance problems may be used to support discipline only if the discipline was primarily imposed for an incident involving attendance problems. References to Letter of Discussion and Oral Counseling shall be articulated on a separate piece of paper for each event and removed after one (1) year. An employee shall be permitted at any time during regular office hours to inspect his/her personnel or administrative files provided notice is given to the custodian department which is sufficient to allow it up to three (3) of its working days to make the files available. He/she may also authorize, in writing, the Association representative to also inspect his/her personnel file provided the same advance notice is given. Such reviews shall be made in the Human Resources Department or Police Department subject to the presence of a member of the Human Resources Department or Police Department staff or its designee. No matter not in the official personnel file or referred to in the official personnel file shall be used as the basis of discipline. Material in personnel files shall be regarded as confidential and disclosed only in accordance with provisions of law. Material contained in the Internal Affairs Section files, administrative file and the employees personnel file shall be removed and destroyed after five (5) years from placement in the files, unless litigation relating to such material is pending. In such case, the potentially relevant material shall be retained in the files until the matter has been fully and finally adjudicated or until at least five (5) years have passed since the material was placed in the file, whichever occurs later.

ACCESS TO PERSONNEL AND BPD ADMINISTRATIVE FILES. Employees Association represented employees shall be provided a copy of all performance related memoranda (including performance evaluations) placed in their official personnel file which is retained in the Human Resources Department, and their administrative file which is retained in the Police Department. Personnel All personnel files shall be kept in a secured location. Items that are to be removed shall will be returned to the employee for disposition. Affected employees shall be provided a copy of derogatory matters placed in their official personnel file, and shall have access to derogatory material placed in their administrative file maintained by the Police Department. No employee shall have any derogatory material placed in his/her file without them first reading and signing indicating awareness of such derogatory material. Should an employee refuse to sign, the derogatory material will nevertheless be placed in his/her file. An employee shall have thirty (30) days within which from the date he/she learns of the presence of any derogatory material in his/her administrative file to file a written response to any derogatory such material entered into in his/her personnel administrative file. Such written response shall likewise be attached to, and shall accompany, included in the derogatory materialemployee's personnel or administrative file as appropriate. Derogatory material contained in the personnel file over two one (21) years year old will not be utilized in evaluating an individual for promotion, but all material in the personnel file not more than three twenty- four (324) years months old may be utilized in progressive discipline and/or grievance proceedings, except for Demotions, which can be considered in promotions, progressive discipline, and grievance proceedings for the five (5) years they remain in the personnel file. Upon written request of the employee, derogatory material in the personnel file and administrative file twenty-four (24) months or older shall be removed in accordance with the timelines prescribed in Section 3.1B aboveremoved. Derogatory material pertaining to attendance problems may be used to support discipline only if the discipline was primarily imposed for an incident involving attendance problems. References to Letter of Discussion and Oral Counseling shall be articulated on a separate piece of paper for each event and removed after one six (16) yearmonths. An employee shall be permitted at any time during regular office hours to inspect his/her personnel or administrative files provided notice is given to the custodian department which is sufficient to allow it up to three (3) of its working days to make the files available. He/she may also authorize, in writing, the Association representative to also inspect his/her personnel file provided the same advance notice is given. Such reviews shall be made in the Human Resources Department or Police Department subject to the presence of a member of the Human Resources Department or Police Department staff or its designee. No matter not in the official personnel file or referred to in the official personnel file shall be used as the basis of discipline. Material in personnel files shall be regarded as confidential and disclosed only in accordance with provisions of law. Material contained in the Internal Affairs Section files, administrative file and the employees personnel file shall be removed and destroyed after five (5) years from placement in the files, unless litigation relating to such material is pending. In such case, the potentially relevant material shall be retained in the files until the matter has been fully and finally adjudicated or until at least five (5) years have passed since the material was placed in the file, whichever occurs later.

ACCESS TO PERSONNEL AND BPD ADMINISTRATIVE FILES. ‌ Employees shall be provided a copy of all performance related memoranda (including performance evaluations) placed in their official personnel file which is retained in the Human Resources Department, and their administrative file which is retained in the Police Department. Personnel files shall be kept in a secured location. Items that are to be removed shall be returned to the employee for disposition. Affected employees shall be provided a copy of derogatory matters placed in their official personnel file, and shall have access to derogatory material placed in their administrative file maintained by the Police Department. No employee shall have any derogatory material placed in his/her file without them first reading and signing indicating awareness of such derogatory material. Should an employee refuse to sign, the derogatory material will nevertheless be placed in his/her file. An employee shall have thirty (30) days within which to file a written response to any derogatory material entered into his/her personnel file. Such written response shall be attached to, and shall accompany, the derogatory material. Derogatory material contained in the personnel file over two (2) years old will not be utilized in evaluating an individual for promotion, but all material in the personnel file not more than three (3) years old may be utilized in progressive discipline and/or grievance proceedings, except for Demotions, which can be considered in promotions, progressive discipline, and grievance proceedings for the five (5) years they remain in the personnel file. Upon written request of the employee, derogatory material in the personnel file and administrative file shall be removed in accordance with the timelines prescribed in Section 3.1B above. Derogatory material pertaining to attendance problems may be used to support discipline only if the discipline was primarily imposed for an incident involving attendance problems. References to Letter of Discussion and Oral Counseling shall be articulated on a separate piece of paper for each event and removed after one (1) year. An employee shall be permitted at any time during regular office hours to inspect his/her personnel or administrative files provided notice is given to the custodian department which is sufficient to allow it up to three (3) of its working days to make the files available. He/she may also authorize, in writing, the Association representative to also inspect his/her personnel file provided the same advance notice is given. Such reviews shall be made in the Human Resources Department or Police Department subject to the presence of a member of the Human Resources Department or Police Department staff or its designee. No matter not in the official personnel file or referred to in the official personnel file shall be used as the basis of discipline. Material in personnel files shall be regarded as confidential and disclosed only in accordance with provisions of law. Material contained in the Internal Affairs Section files, administrative file and the employees personnel file shall be removed and destroyed after five (5) years from placement in the files, unless litigation relating to such material is pending. In such case, the potentially relevant material shall be retained in the files until the matter has been fully and finally adjudicated or until at least five (5) years have passed since the material was placed in the file, whichever occurs later.

ACCESS TO PERSONNEL AND BPD ADMINISTRATIVE FILES. Employees Association represented employees shall be provided a copy of all performance related memoranda (including performance evaluations) placed in their official personnel file which is retained in the Human Resources Department, and their administrative file which is retained in the Police Department. Personnel All personnel files shall be kept in a secured location. Items that are to be removed shall will be returned to the employee for disposition. Affected employees shall be provided a copy of derogatory matters placed in their official personnel file, and shall have access to derogatory material placed in their administrative file maintained by the Police Department. No employee shall have any derogatory material placed in his/her file without them first reading and signing indicating awareness of such derogatory material. Should an employee refuse to sign, the derogatory material will nevertheless be placed in his/her file. An employee shall have thirty (30) days within which from the date he/she learns of the presence of any derogatory material in his/her administrative file to file a written response to any derogatory such material entered into in his/her personnel administrative file. Such written response shall likewise be attached to, and shall accompany, included in the derogatory materialemployee's personnel or administrative file as appropriate. Derogatory material contained in the personnel file over two one (21) years year old will not be utilized in evaluating an individual for promotion, but all material in the personnel file not more than three twenty-four (324) years months old may be utilized in progressive discipline and/or grievance proceedings, except for Demotions, which can be considered in promotions, progressive discipline, and grievance proceedings for the five (5) years they remain in the personnel file. Upon written request of the employee, derogatory material in the personnel file and administrative file twenty-four (24) months or older shall be removed in accordance with the timelines prescribed in Section 3.1B aboveremoved. Derogatory material pertaining to attendance problems may be used to support discipline only if the discipline was primarily imposed for an incident involving attendance problems. References to Letter of Discussion and Oral Formal Counseling shall be articulated on a separate piece of paper for each event and removed after one six (16) yearmonths. An employee shall be permitted at any time during regular office hours to inspect his/her personnel or administrative files provided notice is given to the custodian department which is sufficient to allow it up to three (3) of its working days to make the files available. He/she may also authorize, in writing, the Association representative to also inspect his/her personnel file provided the same advance notice is given. Such reviews shall be made in the Human Resources Department or Police Department subject to the presence of a member of the Human Resources Department or Police Department staff or its designee. No matter not in the official personnel file or referred to in the official personnel file shall be used as the basis of discipline. Material in personnel files shall be regarded as confidential and disclosed only in accordance with provisions of law. Material contained in the Internal Affairs Section files, administrative file and the employees personnel file shall be removed and destroyed after five (5) years from placement in the files, unless litigation relating to such material is pending. In such case, the potentially relevant material shall be retained in the files until the matter has been fully and finally adjudicated or until at least five (5) years have passed since the material was placed in the file, whichever occurs later.

ACCESS TO PERSONNEL AND BPD ADMINISTRATIVE FILES. Employees Association represented employees shall be provided a copy of all performance related memoranda (including performance evaluations) placed in their official personnel file which is retained in the Human Resources Department, and their administrative file which is retained in the Police Department. Personnel All personnel files shall be kept in a secured location. Items that are to be removed shall will be returned to the employee for disposition. Affected employees shall be provided a copy of derogatory matters placed in their official personnel file, and shall have access to derogatory material placed in their administrative file maintained by the Police Department. No employee shall have any derogatory material placed in his/her file without them first reading and signing indicating awareness of such derogatory material. Should an employee refuse to sign, the derogatory material will nevertheless be placed in his/her file. An employee shall have thirty (30) days within which from the date he/she learns of the presence of any derogatory material in his/her administrative file to file a written response to any derogatory such material entered into in his/her personnel administrative file. Such written response shall likewise be attached to, and shall accompany, included in the derogatory materialemployee’s personnel or administrative file as appropriate. Derogatory material contained in the personnel file over two one (21) years year old will not be utilized in evaluating an individual for promotion, but all material in the personnel file not more than three twenty- four (324) years months old may be utilized in progressive discipline and/or grievance proceedings, except for Demotions, which can be considered in promotions, progressive discipline, and grievance proceedings for the five (5) years they remain in the personnel file. Upon written request of the employee, derogatory material in the personnel file and administrative file twenty- four (24) months or older shall be removed in accordance with the timelines prescribed in Section 3.1B aboveremoved. Derogatory material pertaining to attendance problems may be used to support discipline only if the discipline was primarily imposed for an incident involving attendance problems. References to Letter of Discussion and Oral Counseling shall be articulated on a separate piece of paper for each event and removed after one six (16) yearmonths. An employee shall be permitted at any time during regular office hours to inspect his/her personnel or administrative files provided notice is given to the custodian department which is sufficient to allow it up to three (3) of its working days to make the files available. He/she may also authorize, in writing, the Association representative to also inspect his/her personnel file provided the same advance notice is given. Such reviews shall be made in the Human Resources Department or Police Department subject to the presence of a member of the Human Resources Department or Police Department staff or its designee. No matter not in the official personnel file or referred to in the official personnel file shall be used as the basis of discipline. Material in personnel files shall be regarded as confidential and disclosed only in accordance with provisions of law. Material contained in the Internal Affairs Section files, administrative file and the employees personnel file shall be removed and destroyed after five (5) years from placement in the files, unless litigation relating to such material is pending. In such case, the potentially relevant material shall be retained in the files until the matter has been fully and finally adjudicated or until at least five (5) years have passed since the material was placed in the file, whichever occurs later.