Common use of Employees' Personnel Files Clause in Contracts

Employees' Personnel Files. 7.1 Employee’s personnel file shall be maintained in the Administrative Office. 7.1.1 All materials placed in the Employee’s file subsequent to the Employee’s employment shall be available for inspection provided the Human Resources Office receives at least three (3) working days’ written or email notice prior to the inspection. A representative of the Association or independent counsel may accompany the Employee if the Employee so advises the Human Resources Office in the notice. 7.1.2 Any material originating after employment in the District that is evaluative in nature shall be reviewed with the Employee prior to placement in Employee’s personnel file and a copy of such material shall be given to Employee. 7.1.3 Within twenty (20) Employee working days (excluding summer school) of the placement of evaluative material in an Employee’s personnel file, such Employee shall have the right to submit to the Human Resources Office an answer to such material in writing and such answer shall immediately be placed in the Employee’s personnel file. 7.2 In the event an Employee disciplinary hearing is held by the Board, a committee of the Board Members, or the Administration upon instruction by the Board, the Employee shall be given reasonable prior written notice of the nature of the charges. The Employee shall have the right at such hearing to be represented by the Association or independent counsel. 7.2.1 If a criminal charge is brought against an Employee and the charge is dismissed or the Employee is subsequently found not guilty, the Board shall thereafter delete from the Employee’s personnel file within five (5) working days any specific reference to the criminal charge and shall not rely on said criminal charge in any other proceeding. 7.2.2 In the event a disciplinary charge is brought against an Employee by any other person and the Employee is subsequently cleared of the charge in a disciplinary hearing, all reference to the charge will be removed from the Employee’s file within five (5) working days thereafter.

Employees' Personnel Files. 7.1 Employee’s personnel file shall be maintained in the Administrative Office. 7.1.1 All materials placed in the Employee’s file subsequent to the Employee’s employment shall be available for inspection provided the Human Resources Office receives at least three (3) working days’ written or email notice prior to the inspection. A representative of the Association or independent counsel may accompany the Employee if the Employee so advises the Human Resources Office in the notice. 7.1.2 Any material originating after employment in the District that which is evaluative in nature shall be reviewed with the Employee prior to placement in Employee’s personnel file and a copy of such material shall be given to Employee. 7.1.3 Within twenty (20) Employee working days (excluding summer school) of the placement of evaluative material in an Employee’s personnel file, such Employee shall have the right to submit to the Human Resources Office an answer to such material in writing and such answer shall immediately be placed in the Employee’s personnel file. 7.2 In the event an Employee disciplinary hearing is held by the Board, a committee of the Board Members, or the Administration upon instruction by the Board, the Employee shall be given reasonable prior written notice of the nature of the charges. The Employee shall have the right at such hearing to be represented by the Association or independent counsel. 7.2.1 If a criminal charge is brought against an Employee and the charge is dismissed or the Employee is subsequently found not guilty, the Board shall thereafter delete from the Employee’s personnel file within five (5) working days any specific reference to the criminal charge and shall not rely on said criminal charge in any other proceeding. 7.2.2 In the event a disciplinary charge is brought against an Employee by any other person and the Employee is subsequently cleared of the charge in a disciplinary hearing, all reference to the charge will be removed from the Employee’s file within five (5) working days thereafter.