Duration of Records. All actions of record will be removed from the employee’s personnel record and shall be of no further force and effect after twelve (12) months, for reprimands or written records of counseling, and twenty-four (24) months for time-off suspensions or reductions, provided there is no intervening discipline. If there is any intervening discipline, then the record of discipline shall be maintained until there is a twelve/twenty-four (12/24) consecutive months (depending on the discipline administered) where no discipline occurs. In any case in which a written reprimand, suspension, or dismissal is disaffirmed or otherwise rendered invalid, all documents relating thereto will be removed from the employee’s personnel record. All records of disciplinary action removed from the files for any of the reasons outlined above shall not be considered in future disciplinary action, promotional consideration or for any other purpose except that prior discipline may be used to establish that employees have been made aware of the standard of conduct expected.
Duration of Records. (A) Upon written request to the Chief of Police, a bargaining unit member shall have the record of any reprimands removed from the personnel file provided there have been no related reprimands or corrective actions for a continuous period of twelve (12) months. The letter of request shall not be maintained in the member’s personnel file. In any case in which a written reprimand, reduction, suspension, or removal is disaffirmed through the Grievance Procedure or court of competent jurisdiction, the personnel record shall clearly indicate such disaffirmance. In addition, complaints not sustained, exonerated or unfounded made against a bargaining unit member shall not be placed in the member's personnel file and shall not be considered in future corrective actions or promotional considerations and shall not be shared outside the Police Division.
(B) Corrective actions resulting in either suspension or removal shall be maintained in the bargaining unit member's file throughout their employment unless, after two (2) years from the date of the corrective action, the member submits a written request to the Chief of Police for its removal. Such request will be granted, provided there have been no further written reprimands or suspensions. The written request shall not be maintained in the member’s personnel file and all records of the suspension or removal shall be removed from the personnel file. After one year from the date of issuance of the corrective action the bargaining unit member may petition to the Chief of Police to have the corrective action removed from the file. The Chief of Police has sole discretion to act upon the request.
(C) Once corrective actions have been removed from the bargaining unit member's personnel file they may not be used in subsequent corrective actions for the purpose of showing progressive corrective action.
Duration of Records. All disciplinary records will be maintained in each member's personnel file. In any case in which a reprimand, suspension, reduction in pay, reduction in rank or dismissal is disaffirmed through the Grievance or Arbitration Procedure, by the Safety Director, by the Civil Service Commission, by a court of competent jurisdiction, or otherwise, the member's personnel file shall clearly indicate such disaffirmance and the disciplinary record will be removed at the member's request. In addition, unsubstantiated, unproven or untimely allegations or complaints of misconduct made against a member and appearing in any file of the City shall not be considered in future corrective action or promotional considerations, and shall be removed at the member's request.
Duration of Records. All actions of record will be maintained in each member’s personnel file throughout his or her period of employment, with the exception that any records of documented warnings will be removed from the file, upon the request of the member, one (1) year after such action was taken, provided no further corrective action of the same or similar nature has occurred. When a documented warning is maintained in a member’s personnel file because further corrective action of the same or similar nature has occurred, the original documented warning will be maintained for twelve (12) months from the date of any subsequent corrective action.
Duration of Records. All actions of record, including verbal reprimands, written reprimands, demotions, suspensions, or dismissal will be maintained in each employee’s personnel file for a specified period of time. The following retention schedule shall apply:
A. Verbal and written reprimands will be removed, upon the employee’s request, one (1) year from the date of issuance and will no longer be used for the purpose of progressive discipline provided that no further discipline for the same or similar nature is imposed within one (1) year of the reprimand. However, such records will be maintained by the Department and may be utilized for the purpose of establishing that the employee had knowledge of a standard of conduct, if the employee raises the defense of lack of knowledge.
B. For any suspension or demotion, the action of record shall be removed, upon the employee’s request, three (3) years after such was given provided that no further discipline resulting in a suspension or demotion for the same or similar nature has occurred. However, such records will be maintained by the Department and may be utilized for the purpose of establishing that an employee had knowledge of a standard of conduct, if the employee raises the defense of lack of knowledge. In any case, when a suspension, reduction in pay or position, or dismissal is disaffirmed through the Grievance Procedure, or by a court of competent jurisdiction, the personnel record shall indicate such disaffirmance.
C. Copies of commendations, letters of appreciation and like matters concerning an individual member shall also be maintained in an employee’s personnel file.
Duration of Records. Records of oral warnings and written warnings shall cease to have force and effect one (1) year from the date of issuance, provided no intervening discipline has occurred. Any record of discipline of any kind shall cease to have force and effect two (2) years from the date of issuance, and shall not be used in future discipline, provided no intervening discipline has occurred. In any case in which a disciplinary action of record is rescinded, the employee's personnel file shall clearly reflect such action. Upon request of the member, outdated records shall be removed from the member's personnel file and stored in a separate area to await disposition by the proper method as provided for in the Ohio Revised Code. In the event an employee denies that a standard of conduct expected has been established any prior discipline demonstrating the violation by the employee may be used to establish that the employee had been put on notice.
Duration of Records. 16.01 All actions, except documented oral reprimands (written reprimands, suspensions or dismissal) will be maintained in each bargaining unit member's personnel file throughout their period of employment, with the exception that any record of written reprimands will be removed from their file and placed in an inactive personnel record file, upon the written request of the member, one (1) year after such reprimand was given if no further disciplinary action has occurred. In any case in which a written reprimand, suspension or dismissal is disaffirmed through the grievance procedures or by a court of competent jurisdiction, the personnel record shall clearly indicate such disaffirmance. In addition, unsubstantiated or unproved allegations or complaints of misconduct made against a member of the bargaining unit and appearing in the department files shall not be considered in future disciplinary action or promotional considerations and shall not be shared outside the department unless required by law.
Duration of Records. A. Oral Warning: When unsatisfactory performance/behavior is recognized, the supervisor addresses the employee as soon as possible. The manager and employee should discuss the concern and the expectations for improvement. This process may require more than one discussion with the employee and regular feedback. The oral warning is documented in the employee record with a simple memo stating the date, employee’s name, supervisor’s name, and quick topic of the warning. Route the warning to HR for filing. This warning stays in record for 12 months. The discussion should include the following: - Clear statement communicating that this is an Oral Warning - Reasons why the performance or behavior does not meet expectations. - Expectations for acceptable performance or behavior. - Actions the employee can take to improve performance or behavior. - Next steps if the employee does not improve to meet expectations.
Duration of Records. All action of records (documented oral reprimands, written reprimands, suspensions, reductions in rank, or termination), will be maintained in each bargaining unit member’s personnel file throughout his or her period of employment, except as follows:
A. In any case which an action of record is disaffirmed by the State Employment Relations Board, arbitration, by a court of competent jurisdiction, or resolved through the grievance procedure, then such action of record shall be removed from the member’s personnel file.
B. Unsubstantiated or unproven allegations or complaints of misconduct made against a member shall not be considered in future actions or considerations, and shall be removed from the member’s personnel file.
C. Documented oral reprimands shall not be used for any purpose if six (6) months have passed since the date of the incident for which such reprimand was issued, provided the member has no further related disciplinary action.
D. Written reprimands shall not be used for any purpose if one (1) year has passed since the date of the incident for which such reprimand was given without further related disciplinary action.
E. Suspensions shall not be used for any purpose if three (3) years has passed since the date of the incident provided that the member has had no additional, similar disciplinary action during the period.
F. Upon written request from the concerned member, the District shall remove any such reprimand or record of suspension from the employee personnel files after the respective validity period.
Duration of Records. A. All disciplinary records will be maintained in each Member’s personnel file throughout the Member’s period of employment, with the exception that any records of oral reprimands will be removed from the file upon the request of the Member six (6) months after such was given if no further corrective action has occurred. For purposes of progressive and other discipline, and except as provided for below, written reprimands will be removed from the file upon the request of the Member one (1) year after such was given if no further corrective action has occurred; and suspensions will be removed from the file upon the request of the Member five (5) years after such was given if no further corrective action has occurred. None of the requirements of this Section shall require the removal of any documents in the event a civil or criminal action in which the material may be relevant is pending of threatened, by notice to the City, at the time or the Member’s request (regardless of whether the requesting member is a party to or the subject of the litigation, and it is reasonably anticipated that these records will be admitted as evidence or be the subject of permissible discovery) or where the material in question is ordered preserved by a court or administrative agency with jurisdiction over a case in which the material may be relevant. Disciplinary records, once removed from a Member’s file, will be stripped of member identifiable information and will be retained for a period to be determined by the City for various administrative purposes, including assisting the City in its diversity efforts, historical patterns of discipline and discharges, defenses against claims and allegations, identifying training needs, ensuring compliance with relevant laws, regulations, and guidelines, and revising rules and regulations.
B. Notwithstanding this provisions of 10.6(A), oral reprimands will not be used for purposes of progressive and other discipline six (6) months after such was given if no further corrective action has occurred, written reprimands will not be used for purposes of progressive and other discipline one (1) year after such was given if no further corrective action has occurred; and suspensions will not be used for purposes of progressive and other discipline five (5) years after such was given if no further corrective action has occurred.
