Common use of FILES AND FOIA Clause in Contracts

FILES AND FOIA. 24.01 Before any written document is placed in an employee’s personnel file, the following shall be done: A. Any document about an employee or employees that is to be placed in a file shall be put in writing and dated. In addition, disciplinary actions and/or complaints shall conform to the requirements contained in Article 5 above. Documents that do not contain all of this information shall not be included in the employee’s file; B. The employee shall be given a copy of any such document(s) which reflects adversely upon the employee before or when it is placed in his/her file; C. The District shall correct or expunge from all District files any information determined by the District and/or an arbitrator to be inaccurate. 24.02 The employee shall have the right to submit a written response to any material placed in his/her file, and this response shall be attached to all copies of the written document, including but not limited to all copies provided to all third parties. 24.03 In the event that any material from an employee’s personnel files is provided to any third party (who is not an agent of the District), the employee shall be notified of the name(s) of the parties that received the information, and shall, upon request, be given a copy of all information provided to the third parties. 24.04 If the District releases any material from an employee’s personnel file, the District shall simultaneously release the corresponding employee’s response(s) to the material. 24.05 In the event that the District receives a Freedom of Information Act (FOIA) request for the personnel file(s) of any employee(s), or any portion thereof, the District shall immediately notify the employee and shall provide the following to the affected employee(s) and to the Union: A. A copy of the FOIA request and all communications related to the FOIA request. B. The name(s) of the requesting parties. C. The District shall take the maximum time allowable by law to respond to a FOIA request to allow the employees and/or Union the opportunity to take whatever legal action is available to bar disclosure of any or all of the requested document(s). D. The employee will be provided an opportunity to review the contents before the release of the information, and will, upon request, be provided with copies of all communications and documentation sent to the requesting parties by District administrators or other District agents or attorneys. 24.06 Upon receiving a FOIA request, the District will only divulge those public records it is compelled by law to disclose, and will withhold all public records it is permitted by law to withhold. 24.07 Records of disciplinary action which are more than four (4) years old shall not be released to any third party, except as required by law. 24.08 Each employee shall have only one (1) “personnel file,” to be kept in the District’s central office. 24.09 Individual administrators may maintain separate “administrative files” containing documents not in the personnel file, and regarding employees if they are kept in the sole possession of the administrator and are not shared with or accessible to others. A record regarding an occurrence or fact about an employee kept in an administrative file should be entered into the employee’s personnel file within six (6) months of the date of the occurrence or the date the fact becomes known if it is to be used relative to the employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. 24.10 The parties recognize that this Agreement is based on their best mutual understanding of current law in this area; they agree to meet to discuss changes should further judicial proceedings or legislative action so require. The parties understand that a binding interpretation by the courts supersedes this Agreement.

FILES AND FOIA. 24.01 26.01 Before any written document is placed in an employee’s personnel file, the following shall be done: A. Any document about an employee or employees that is to be placed in a file shall be put in writing and dated. In addition, disciplinary actions and/or complaints shall conform to the requirements contained in Article 5 above. Documents that do not contain all of this information shall not be included in the employee’s file; B. The employee shall be given a copy of any such document(s) which reflects adversely upon the employee before or when it is placed in his/her file; C. The District shall correct or expunge from all District files any information determined by the District and/or an arbitrator to be inaccurate. 24.02 26.02 The employee shall have the right to submit a written response to any material placed in his/her file, and this response shall be attached to all copies of the written document, including but not limited to all copies provided to all third parties. 24.03 26.03 In the event that any material from an employee’s personnel files is provided to any third party (who is not an agent of the District), the employee shall be notified of the name(s) of the parties that received the information, and shall, upon request, be given a copy of all information provided to the third parties. 24.04 26.04 If the District releases any material from an employee’s personnel file, the District shall simultaneously release the corresponding employee’s response(s) to the material. 24.05 26.05 In the event that the District receives a Freedom of Information Act (FOIA) request for the personnel file(s) of any employee(s), or any portion thereof, the District shall immediately notify the employee by telephone or FAX (or if the employee is unavailable, by mail), and shall provide the following to the affected employee(s) and to the Union: A. A copy of the FOIA request and all communications related to the FOIA request. B. The name(s) of the requesting parties. C. The District shall take the maximum time allowable by law to respond to a FOIA request to allow the employees and/or Union the opportunity to take whatever legal action is available to bar disclosure of any or all of the requested document(s). D. The employee will be provided an opportunity to review the contents before the release of the information, and will, upon request, be provided with copies of all communications and documentation sent to the requesting parties by District administrators or other District agents or attorneys. 24.06 26.06 Upon receiving a FOIA request, the District will only divulge those public records it is compelled by law to disclose, and will withhold all public records it is permitted by law to withhold. 24.07 26.07 Records of disciplinary action which are more than four (4) years old shall not be released to any third party, except as required by law. 24.08 26.08 Each employee shall have only one (1) “personnel file,” to be kept in the District’s central office. 24.09 26.09 Individual administrators may maintain separate “administrative files” containing documents not in the personnel file, and regarding employees if they are kept in the sole possession of the administrator and are not shared with or accessible to others. A record regarding an occurrence or fact about an employee kept in an administrative file should be entered into the employee’s personnel file within six (6) months of the date of the occurrence or the date the fact becomes known if it is to be used relative to the employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. 24.10 26.10 The parties recognize that this Agreement is based on their best mutual understanding of current law in this area; they agree to meet to discuss changes should further judicial proceedings or legislative action so require. The parties understand that a binding interpretation by the courts supersedes this Agreement.

FILES AND FOIA. 24.01 25.01 Before any written document is placed in an employee’s personnel file, the following shall be done: A. Any document about an employee or employees that is to be placed in a file shall be put in writing and dated. In addition, disciplinary actions and/or complaints shall conform to the requirements contained in Article 5 above. Documents that do not contain all of this information shall not be included in the employee’s file; B. The employee shall be given a copy of any such document(s) which reflects adversely upon the employee before or when it is placed in his/her file; C. The District shall correct or expunge from all District files any information determined by the District and/or an arbitrator to be inaccurate. 24.02 25.02 The employee shall have the right to submit a written response to any material placed in his/her file, and this response shall be attached to all copies of the written document, including but not limited to all copies provided to all third parties. 24.03 25.03 In the event that any material from an employee’s personnel files is provided to any third party (who is not an agent of the District), the employee shall be notified of the name(s) of the parties that received the information, and shall, upon request, be given a copy of all information provided to the third parties. 24.04 25.04 If the District releases any material from an employee’s personnel file, the District shall simultaneously release the corresponding employee’s response(s) to the material. 24.05 25.05 In the event that the District receives a Freedom of Information Act (FOIA) request for the personnel file(s) of any employee(s), or any portion thereof, the District shall immediately notify the employee and shall provide the following to the affected employee(s) and to the Union: A. A copy of the FOIA request and all communications related to the FOIA request. B. The name(s) of the requesting parties. C. The District shall take the maximum time allowable by law to respond to a FOIA request to allow the employees and/or Union the opportunity to take whatever legal action is available to bar disclosure of any or all of the requested document(s). D. The employee will be provided an opportunity to review the contents before the release of the information, and will, upon request, be provided with copies of all communications and documentation sent to the requesting parties by District administrators or other District agents or attorneys. 24.06 25.06 Upon receiving a FOIA request, the District will only divulge those public records it is compelled by law to disclose, and will withhold all public records it is permitted by law to withhold. 24.07 25.07 Records of disciplinary action which are more than four (4) years old shall not be released to any third party, except as required by law. 24.08 25.08 Each employee shall have only one (1) “personnel file,” to be kept in the District’s central office. 24.09 25.09 Individual administrators may maintain separate “administrative files” containing documents not in the personnel file, and regarding employees if they are kept in the sole possession of the administrator and are not shared with or accessible to others. A record regarding an occurrence or fact about an employee kept in an administrative file should be entered into the employee’s personnel file within six (6) months of the date of the occurrence or the date the fact becomes known if it is to be used relative to the employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. 24.10 25.10 The parties recognize that this Agreement is based on their best mutual understanding of current law in this area; they agree to meet to discuss changes should further judicial proceedings or legislative action so require. The parties understand that a binding interpretation by the courts supersedes this Agreement.

FILES AND FOIA. 24.01 A. Before any written document is placed in an employee’s the teacher's personnel file, the following shall be done: A. 1. Any document about an employee a teacher or employees teachers that is to be placed in a file shall be put in writing and dated. The teacher shall be given a copy of any such document when it is put in the file. In addition, disciplinary actions and/or complaints shall conform to the requirements contained above and in Article 5 aboveVI-M of the Master Agreement. Documents that do not contain all of this information shall not be included in the employee’s teacher's file; B. 2. The employee teacher shall be given receive a copy of any such the written document(s) which reflects adversely upon the employee before or when it is they are placed in his/her file;. [This paragraph shall exclude pre-hire credentials; transcripts; certificates; standard District business documents such as leave records, contracts, notice of assignments, etc.; personal financial information such as annuities, pay records, loan information; documents that the teacher provided to the District; insurance forms; etc.] C. 3. The District shall correct or expunge from all District files any information determined by the District and/or an arbitrator to be inaccurate. 24.02 B. The employee teacher shall have the right to submit a written response to any material placed in his/her file, and this response shall be attached to all copies of the written document, including but not limited to all copies provided to all third parties. In the event that a teacher's files are requested by any third party, the teacher shall have the right to attach a written response to any material(s) in the files prior to release of the documents, regardless of whether any deadlines for submitting written responses have passed, and this response shall be attached to all copies of the written document, including but not limited to all copies provided to all third parties. 24.03 C. In the event that any material from an employee’s the teacher's personnel files is provided to any third party (who is not an agent of the District)party, the employee teacher shall be notified of the name(s) of the parties that received the information, and shall, upon request, be given a copy of all information provided to the third parties. 24.04 D. If the District releases any material from an employee’s the teacher's personnel file, the District shall simultaneously release the corresponding employee’s teacher's response(s) to the material. 24.05 E. In the event that the District receives a Freedom of Information Act (FOIA) request for the personnel file(s) of any employee(steacher(s), or any portion thereof, the District shall immediately notify the employee teacher by telephone or FAX (or if the teacher is unavailable, by mail), and shall provide the following to the affected employee(steacher(s) and to the UnionAssociation: A. 1. A copy of the FOIA request and all communications related to the FOIA request.; B. 2. The name(s) of the requesting parties., and all documents and communications received by the District; C. 3. The District shall take the maximum time allowable by law to respond to a FOIA request to allow the employees teachers and/or Union Association the opportunity to take whatever legal action is available to bar disclosure of any or all of the requested document(s). D. 4. The employee teacher will be provided an opportunity to review the contents before the release of the information, and will, upon request, be provided with copies of all communications and documentation sent to the requesting parties by District administrators or other District agents or attorneys. 24.06 F. Upon receiving a FOIA request, the District will only divulge those public records items it is compelled by law to disclose, and will withhold all public records information it is permitted by law to withhold. 24.07 G. Records of disciplinary action which are more than four (4) years old shall not be released to any third party, except as required by law. 24.08 H. Each employee teacher shall have only one (1) “"personnel file,” " to be kept in the District’s 's central office. 24.09 Individual administrators may maintain separate “administrative files” containing documents not in the personnel file, and regarding employees if they are kept in the sole possession of the administrator and are not shared with or accessible to others. I. A record regarding an occurrence or fact about an employee a teacher kept in an administrative file should shall, by August 31 of each year, be expunged from the administrative file, or be entered into the employee’s teacher's personnel file within six (6) months of the date of the occurrence or the date the fact becomes known if it is to be used relative to the employee’s teacher's qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. 24.10 J. The parties recognize that this Agreement is based on their best mutual understanding of current law in this area; they agree to meet to discuss changes should further judicial proceedings or legislative action so require. The parties understand that understanding a binding interpretation by of the courts supersedes this Agreement. The Board of Education of the Zeeland Public Schools and the Zeeland Education Association hereby agree that the following terms and conditions will apply to TEMPORARY TEACHERS. 1. A Temporary Teacher is defined as a person who is not presently a bargaining unit member and who is employed to teach while another teacher is on a leave of absence beyond 60 working days. 2. Temporary Teachers are members of the ZEA bargaining unit. 3. Temporary Teachers have all of the rights and duties of other members of the bargaining unit except that: a. No seniority shall accrue while in the temporary assignment. b. After the temporary assignment is concluded, the Temporary Teacher will have no rights to recall in the district under the contract. c. In the event the district chooses to employ the person in a subsequent assignment which is not a Temporary Teacher assignment, seniority will be granted to said teacher even if the time served as a Temporary Teacher was not continuous with the subsequent assignment. 4. Temporary Teachers will be issued contracts with a termination date stated thereon. A copy of this Letter of Agreement will be attached to each contract and made a part thereof. 5. This Letter of Agreement shall not be interpreted to deny a teacher any rights he/she may have as a matter of law. 6. This Letter of Agreement shall not be interpreted to deny any other member of the bargaining unit any rights granted by the contract. 7. (name) shall be considered a Temporary Teacher (full time) for (teacher being replaced) at (school) School. 8. This agreement shall run from (date of contract) .

FILES AND FOIA. 24.01 A. Before any written document is placed in an employee’s the teacher's personnel file, the following shall be done: A. 1. Any document about an employee a teacher or employees teachers that is to be placed in a file shall be put in writing and dated. The teacher shall be given a copy of any such document when it is put in the file. In addition, disciplinary actions and/or complaints shall conform to the requirements contained above and in Article 5 aboveVI-­M of the Master Agreement. Documents that do not contain all of this information shall not be included in the employee’s file;teacher's file;; B. 2. The employee teacher shall be given receive a copy of any such the written document(s) which reflects adversely upon the employee before or when it is they are placed in his/her file;. [This paragraph shall exclude pre-­hire credentials;; transcripts;; certificates;; standard District business documents such as leave records, contracts, notice of assignments, etc.;; personal financial information such as annuities, pay records, loan information;; documents that the teacher provided to the District;; insurance forms;; etc.] C. 3. The District shall correct or expunge from all District files any information determined by the District and/or an arbitrator to be inaccurate. 24.02 B. The employee teacher shall have the right to submit a written response to any material placed in his/her file, and this response shall be attached to all copies of the written document, including but not limited to all copies provided to all third parties. In the event that a teacher's files are requested by any third party, the teacher shall have the right to attach a written response to any material(s) in the files prior to release of the documents, regardless of whether any deadlines for submitting written responses have passed, and this response shall be attached to all copies of the written document, including but not limited to all copies provided to all third parties. 24.03 C. In the event that any material from an employee’s the teacher's personnel files is provided to any third party (who is not an agent of the District)party, the employee teacher shall be notified of the name(s) of the parties that received the information, and shall, upon request, be given a copy of all information provided to the third parties. 24.04 D. If the District releases any material from an employee’s the teacher's personnel file, the District shall simultaneously release the corresponding employee’s teacher's response(s) to the material. 24.05 E. In the event that the District receives a Freedom of Information Act (FOIA) request for the personnel file(s) of any employee(steacher(s), or any portion thereof, the District shall immediately notify the employee teacher by telephone or FAX (or if the teacher is unavailable, by mail), and shall provide the following to the affected employee(steacher(s) and to the UnionAssociation: A. 1. A copy of the FOIA request and all communications related to the FOIA request.request;; B. 2. The name(s) of the requesting parties., and all documents and communications received by the District;; C. 3. The District shall take the maximum time allowable by law to respond to a FOIA request to allow the employees teachers and/or Union Association the opportunity to take whatever legal action is available to bar disclosure of any or all of the requested document(s). D. 4. The employee teacher will be provided an opportunity to review the contents before the release of the information, and will, upon request, be provided with copies of all communications and documentation sent to the requesting parties by District administrators or other District agents or attorneys. 24.06 F. Upon receiving a FOIA request, the District will only divulge those public records items it is compelled by law to disclose, and will withhold all public records information it is permitted by law to withhold. 24.07 G. Records of disciplinary action which are more than four (4) years old shall not be released to any third party, except as required by law. 24.08 H. Each employee teacher shall have only one (1) “"personnel file,” " to be kept in the District’s 's central office. 24.09 Individual administrators may maintain separate “administrative files” containing documents not in the personnel file, and regarding employees if they are kept in the sole possession of the administrator and are not shared with or accessible to others. I. A record regarding an occurrence or fact about an employee a teacher kept in an administrative file should shall, by August 31 of each year, be expunged from the administrative file, or be entered into the employee’s teacher's personnel file within six (6) months of the date of the occurrence or the date the fact becomes known if it is to be used relative to the employee’s teacher's qualifications for employment, promotion, transfer, additional compensation, or disciplinary action. 24.10 J. The parties recognize that this Agreement is based on their best mutual understanding of current law in this area; area;; they agree to meet to discuss changes should further judicial proceedings or legislative action so require. The parties understand that understanding a binding interpretation by of the courts supersedes this Agreement. The Board of Education of the Zeeland Public Schools and the Zeeland Education Association hereby agree that the following terms and conditions will apply to TEMPORARY TEACHERS. 1. A Temporary Teacher is defined as a person who is not presently a bargaining unit member and who is employed to teach while another teacher is on a leave of absence beyond 60 working days. 2. Temporary Teachers are members of the ZEA bargaining unit. 3. Temporary Teachers have all of the rights and duties of other members of the bargaining unit except that: a. No seniority shall accrue while in the temporary assignment. b. After the temporary assignment is concluded, the Temporary Teacher will have no rights to recall in the district under the contract. c. In the event the district chooses to employ the person in a subsequent assignment which is not a Temporary Teacher assignment, seniority will be granted to said teacher even if the time served as a Temporary Teacher was not continuous with the subsequent assignment.