Common use of Open Personnel Files Clause in Contracts

Open Personnel Files. Educational Support Professionals shall have the right to examine their personnel files subject to the following conditions: 4.5.1 A personnel file is defined to include the file maintained in the Human Resources Department, the payroll history file and health insurance and life insurance files maintained in the Finance Department and any other data maintained anywhere else under District control that is deemed to be public data or private data on individuals as defined in the Government Data Practices Act. 4.5.2 An Educational Support Professional, upon written request, (as outlined in the procedure established for this purpose) to the Human Resources Department, may examine the contents of their personnel file. A member of the professional staff of the Human Resources Department will share with the Educational Support Professional in a personal conference all materials in the employee’s file. Material to be placed in an Educational Support Professional’s personnel file will be held by the originator for ten (10) days. An Educational Support Professional may request a conference with the writer within this time period. The Educational Support Professional shall have the right to submit a response to any report or evaluation; such a response will be attached to and become part of the Educational Support Professional’s personnel file. An Educational Support Professional may be permitted to reproduce at his/her expense any contents of their personnel file. The school district may destroy such file as provided by law. Official grievances filed by any Educational Support Professional under the grievance procedure shall not be placed in the personnel file of the employee; nor shall such a grievance be utilized in personnel assignment. Any person who examines an Educational Support Professional’s personnel file shall be recorded as having examined said file, which record shall become a permanent part of an employee’s personnel file, unless the Educational Support Professional chooses to have such record expunged. Members of the Human Resources and Finance Departments shall be exempt from this provision. 4.5.3 Information, except that which is part of an ongoing investigation, that has not been disclosed to an employee prior to a disciplinary action cannot be used against the employee. However, this paragraph shall not be interpreted to expand the rights of pre-hearing discovery beyond those provided by law. 4.5.4 Information gained as a result of an investigation into a complaint received about an employee will be shared with that employee as allowed by the Data Privacy Law prior to a disciplinary action. Information gained as a result of an investigation is not included in an employee’s personnel file, but rather the documents related to the final action. 4.5.5 If there is no reoccurrence of misconduct after one year, the employee may request that such material relating to the charges be removed from the employee’s personnel file. The determination to remove such materials is the sole discretion of the school district. Charges that are not investigated or substantiated shall not be placed in the employee’s personnel file.

Open Personnel Files. Educational Support Professionals shall have the right to examine their personnel files subject to the following conditions: 4.5.1 A personnel file is defined to include the file maintained in the Human Resources Department, the payroll history file and health insurance and life insurance files maintained in the Finance Department and any other data maintained anywhere else under District control that is deemed to be public data or private data on individuals as defined in the Government Data Practices Act. 4.5.2 An Educational Support Professional, upon written request, (as outlined in the procedure established for this purpose) to the Human Resources Department, may examine the contents of their personnel file. A member of the professional staff of the Human Resources Department will share with the Educational Support Professional in a personal conference all materials in the employee’s file. Material to be placed in an Educational Support Professional’s personnel file will be held by the originator for ten (10) days. An Educational Support Professional may request a conference with the writer within this time period. The Educational Support Professional shall have the right to submit a response to any report or evaluation; such a response will be attached to and become part of the Educational Support Professional’s personnel file. An Educational Support Professional may be permitted to reproduce at his/her their expense any contents of their personnel file. The school district may destroy such file as provided by law. Official grievances filed by any Educational Support Professional under the grievance procedure shall not be placed in the personnel file of the employee; nor shall such a grievance be utilized in personnel assignment. Any person who examines an Educational Support Professional’s personnel file shall be recorded as having examined said file, which record shall become a permanent part of an employee’s personnel file, unless the Educational Support Professional chooses to have such record expunged. Members of the Human Resources and Finance Departments shall be exempt from this provision. 4.5.3 Information, except that which is part of an ongoing investigation, that has not been disclosed to an employee prior to a disciplinary action cannot be used against the employee. However, this paragraph shall not be interpreted to expand the rights of pre-hearing discovery beyond those provided by law. 4.5.4 Information gained as a result of an investigation into a complaint received about an employee will be shared with that employee as allowed by the Data Privacy Law prior to a disciplinary action. Information gained as a result of an investigation is not included in an employee’s personnel file, but rather the documents related to the final action. 4.5.5 If there is no reoccurrence of misconduct after one year, the employee may request that such material relating to the charges be removed from the employee’s personnel file. The determination to remove such materials is the sole discretion of the school district. Charges that are not investigated or substantiated shall not be placed in the employee’s personnel file.

Open Personnel Files. Educational Support Professionals shall have the right to examine their personnel files subject to the following conditions: 4.5.1 A personnel file is defined to include the file maintained in the Human Resources Department, the payroll history file and health insurance and life insurance files maintained in the Finance Department and any other data maintained anywhere else under District control that is deemed to be public data or private data on individuals as defined in the Government Data Practices Act. 4.5.2 An Educational Support Professional, upon written request, (as outlined in the procedure established for this purpose) to the Human Resources Department, may examine the contents of their personnel file. A member of the professional staff of the Human Resources Department will share with the Educational Support Professional in a personal conference all materials in the employee’s file. Material employee to be placed in an Educational Support Professional’s personnel file will be held by the originator for ten (10) days. An Educational Support Professional may request a conference with the writer within this time period. The Educational Support Professional shall have the right to submit a response to any report or evaluation; such a response will be attached to and become part of the Educational Support Professional’s Professional personnel file. An Educational Support Professional may be permitted to reproduce at his/her expense any contents of their personnel file. The school district may destroy such file as provided by law. Official grievances filed by any Educational Support Professional under the grievance procedure shall not be placed in the personnel file of the employee; nor shall such a grievance be utilized in personnel assignment. Any person who examines an Educational Support Professional’s personnel file shall be recorded as having examined said file, which record shall become a permanent part of an employee’s personnel file, unless the employee Educational Support Professional chooses to have such record expunged. Members of the Human Resources and Finance Departments shall be exempt from this provision. 4.5.3 Information, except that which is part of an ongoing investigation, that has not been disclosed to an employee prior to a disciplinary action cannot be used against the employee. However, this paragraph shall not be interpreted to expand the rights of pre-hearing discovery beyond those provided by law. 4.5.4 Information gained as a result of an investigation into a complaint received about an employee will be shared with that employee as allowed by the Data Privacy Law prior to a disciplinary action. Information gained as a result of an investigation is not included in an employee’s personnel file, but rather the documents related to the final action. 4.5.5 If there is no reoccurrence of misconduct after one year, the employee may request that such material relating to the charges be removed from the employee’s personnel file. The determination to remove such materials is the sole discretion of the school district. Charges that are not investigated or substantiated shall not be placed in the employee’s personnel file.s

Open Personnel Files. Educational Support Professionals shall have the right to examine their personnel files subject to the following conditions: 4.5.1 A personnel file is defined to include the file maintained in the Human Resources Department, the payroll history file and health insurance and life insurance files maintained in the Finance Department and any other data maintained anywhere else under District control that is deemed to be public data or private data on individuals as defined in the Government Data Practices Act. 4.5.2 An Educational Support Professional, upon written request, (as outlined in the procedure established for this purpose) to the Human Resources Department, may examine the contents of their personnel file. A member of the professional staff of the Human Resources Department will share with the Educational Support Professional in a personal conference all materials in the employee’s file. Material employee to be placed in an Educational Support Professional’s personnel file will be held by the originator for ten (10) days. An Educational Support Professional may request a conference with the writer within this time period. The Educational Support Professional shall have the right to submit a response to any report or evaluation; such a response will be attached to and become part of the Educational Support Professional’s Professional personnel file. An Educational Support Professional may be permitted to reproduce at his/her expense any contents of their personnel file. The school district may destroy such file as provided by law. Official grievances filed by any Educational Support Professional under the grievance procedure shall not be placed in the personnel file of the employee; nor shall such a grievance be utilized in personnel assignment. Any person who examines an Educational Support Professional’s personnel file shall be recorded as having examined said file, which record shall become a permanent part of an employee’s personnel file, unless the employee Educational Support Professional chooses to have such record expunged. Members of the Human Resources and Finance Departments shall be exempt from this provision. 4.5.3 Information, except that which is part of an ongoing investigation, that has not been disclosed to an employee prior to a disciplinary action cannot be used against the employee. However, this paragraph shall not be interpreted to expand the rights of pre-hearing discovery beyond those provided by law. 4.5.4 Information gained as a result of an investigation into a complaint received about an employee will be shared with that employee as allowed by the Data Privacy Law prior to a disciplinary action. Information gained as a result of an investigation is not included in an employee’s personnel file, but rather the documents related to the final action. 4.5.5 If there is no reoccurrence of misconduct after one year, the employee may request that such material relating to the charges be removed from the employee’s personnel file. The determination to remove such materials is the sole discretion of the school district. Charges that are not investigated or substantiated shall not be placed in the employee’s personnel file.the

Open Personnel Files. Educational Support Professionals shall have the right to examine their personnel files subject to the following conditions: 4.5.1 4.6.1 A personnel file is defined to include the file maintained in the Human Resources Department, the payroll history file and health insurance and life insurance files maintained in the Finance Department and any other data maintained anywhere else under District control that is deemed to be public data or private data on individuals as defined in the Government Data Practices Act. 4.5.2 4.6.2 An Educational Support Professional, upon written request, (as outlined in the procedure established for this purpose) to the Human Resources Department, may examine the contents of their her/his personnel file. A member of the professional staff of the Human Resources Department will share with the Educational Support Professional in a personal conference all materials in the employee’s file. Material to be placed in an Educational Support Professional’s personnel file will be held by the originator for ten (10) days. An Educational Support Professional may request a conference with the writer within this time period. The Educational Support Professional shall have the right to submit a response to any report or evaluation; such a response will be attached to and become part of the Educational Support Professional’s personnel file. An Educational Support Professional may be permitted to reproduce at his/her expense any contents of their her/his personnel file. The school district may destroy such file as provided by law. Official grievances filed by any Educational Support Professional under the grievance procedure shall not be placed in the personnel file of the employee; nor shall such a grievance be utilized in personnel assignment. Any person who examines an Educational Support Professional’s personnel file shall be recorded as having examined said file, which record shall become a permanent part of an employee’s personnel file, unless the Educational Support Professional chooses to have such record expunged. Members of the Human Resources and Finance Departments shall be exempt from this provision. 4.5.3 4.6.3 Information, except that which is part of an ongoing investigation, that has not been disclosed to an employee prior to a disciplinary action cannot be used against the employee. However, this paragraph shall not be interpreted to expand the rights of pre-hearing discovery beyond those provided by law. 4.5.4 4.6.4 Information gained as a result of an investigation into a complaint received about an employee will be shared with that employee as allowed by the Data Privacy Law prior to a disciplinary action. Information gained as a result of an investigation is not included in an employee’s personnel file, but rather the documents related to the final action. 4.5.5 4.6.5 If there is no reoccurrence of misconduct after one year, the employee may request that such material relating to the charges be removed from the employee’s personnel file. The determination to remove such materials is the sole discretion of the school district. Charges that are not investigated or substantiated shall not be placed in the employee’s personnel file.