Common use of EVALUATIONS AND PERSONNEL FOLDERS Clause in Contracts

EVALUATIONS AND PERSONNEL FOLDERS. (a) An employee shall be given a copy of every statement concerning his/her work performance or conduct prepared during the term of this Agreement, if such statement is to be placed in his/her permanent personnel folder. Prior to being given a copy of such statement, the employee must sign a form which shall indicate only that he/she was given a copy of the statement but that he/she does not necessarily agree with its contents. The employee shall have the right, but not the obligation, to answer any such statement filed and the answer shall be placed in the employee's personnel folder. Only evaluatory statements prepared by a superior with respect to the employee's work performance or conduct, which are given to the employee in accordance with the procedure outlined above, may be used in any subsequent disciplinary actions against the employee. (b) An employee shall be permitted to view his/her personnel folder once a year upon request, and when an adverse personnel action is initiated against the employee by the State. The view shall be in the presence of a designee of the State and held at such time as the State may prescribe. (c) Upon an employee's written request, any material in his/her personnel folder of an adverse nature, with the exception of disciplinary actions, personnel transactions and evaluatory statements concerning work performance, shall, if over five years old, be removed from the personnel folder. Upon an employee's written request, any material including disciplinary actions, personnel transactions and evaluatory statements concerning work performance may, if over three years old, be removed at the discretion of the Deputy Chief Administrative Judge (Courts Outside New York City).

EVALUATIONS AND PERSONNEL FOLDERS. (a) An employee shall be given a copy of every statement concerning his/her work performance or conduct prepared during the term of this Agreement, if such statement is to be placed in his/her permanent personnel folder. Prior to being given a copy of such statement, the employee must sign a form which shall indicate only that he/she was given a copy of the statement but that he/she does not necessarily agree with its contents. The employee shall have the right, but not the obligation, to answer any such statement filed and the answer shall be placed in the employee's personnel folder. Only evaluatory statements prepared by a superior with respect to the employee's work performance or conduct, which are given to the employee in accordance with the procedure outlined above, may be used in any subsequent disciplinary actions against the employee. (b) An employee shall be permitted to view his/her personnel folder once a year upon request, and when an adverse personnel action is initiated against the employee by the State. The view shall be in the presence of a designee of the State and held at such time as the State may prescribe. (c) Upon an employee's ’s written request, any material in his/her personnel folder of an adverse nature, with the exception of disciplinary actions, personnel transactions and evaluatory statements concerning work performance, shall, if over five years old, be removed from the personnel folder. Upon an employee's ’s written request, any material including disciplinary actions, personnel transactions and evaluatory statements concerning work performance may, if over three years old, be removed at the discretion of the Deputy Chief Administrative Judge (Courts Outside New York CityCity Courts).

EVALUATIONS AND PERSONNEL FOLDERS. (a) An employee shall be given a copy of every statement concerning his/her work performance or conduct prepared during the term of this Agreement, if such statement is to be placed in his/her permanent personnel folder. Prior to being given a copy of such statement, the employee must sign a form which shall indicate only that he/she was given a copy of the statement but that he/she does not necessarily agree with its contents. The employee shall have the right, but not the obligation, to answer any such statement filed and the answer shall be placed in the employee's personnel folder. Only evaluatory statements prepared by a superior with respect to the employee's work performance or conduct, which are given to the employee in accordance with the procedure outlined above, may be used in any subsequent disciplinary actions against the employee. (b) An employee shall be permitted to view his/her personnel folder once a year upon request, and when an adverse personnel action is initiated against the employee by the State. The view shall be in the presence of a designee of the State and held at such time as the State may prescribe. (c) Upon an employee's written request, any material in his/her personnel folder of an adverse nature, with the exception of disciplinary actions, personnel transactions and evaluatory statements concerning work performance, shall, if over five years old, be removed from the personnel folder. Upon an employee's written request, any such material including disciplinary actions, personnel transactions and evaluatory statements concerning work performance may, if over three years old, be removed at the discretion of the Deputy Chief Administrative Judge (Courts Outside New York CityCity Courts).

EVALUATIONS AND PERSONNEL FOLDERS. (a) An employee shall be given a copy of every statement concerning his/her work performance or conduct prepared during the term of this Agreement, if such statement is to be placed in his/her permanent personnel folder. Prior to being given a copy of such statement, the employee must sign a form which shall indicate only that he/she was given a copy of the statement but that he/she does not necessarily agree with its contents. The employee shall have the right, but not the obligation, to answer any such statement filed and the answer shall be placed in the employee's personnel folder. Only evaluatory statements prepared by a superior with respect to the employee's work performance or conduct, which are given to the employee in accordance with the procedure outlined above, may be used in any subsequent disciplinary actions against the employee. (b) An employee shall be permitted to view his/her personnel folder once a year upon request, and when an adverse personnel action is initiated against the employee by the State. The view shall be in the presence of a designee of the State and held at such time as the State may prescribe. (c) Upon an employee's ’s written request, any material in his/her personnel folder of an adverse nature, with the exception of disciplinary actions, personnel transactions and evaluatory statements concerning work performance, shall, if over five years old, be removed from the personnel folder. Upon an employee's ’s written request, any material including disciplinary actions, personnel transactions and evaluatory statements concerning work performance performance, may, if over three years old, be removed at the discretion of the Deputy Chief Administrative Judge (Courts Outside New York City).