Personnel Files. An employee, or his/her certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 21 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Personnel Files. An employeeUnit member files shall be maintained in accordance with the following procedures:
A. No negative materials, except for letters of reference, related to a unit member's conduct, service, character, or his/her certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee personality shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel filethe file unless it is signed by the person submitting the information. The employee unit member shall be given the opportunity to acknowledge that he/she has read such material the materials by affixing his/her signature on the actual copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but and does not necessarily indicate agreement with its contentcontents. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employeeA unit member's refusal to sign. The employee may file sign will be noted by an administrator and a grievance regarding any such document within witness, and the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not material will be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until so noted. If the grievance procedure or civil service appeal rights have item has been exhausted. Grievances filed under this provision shall not be subject sent to the Arbitration provisions unit member by “Certified Restricted Mail”, then the certified mail receipt may be attached to the item in lieu of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in unit member’s signature.
B. The unit member shall have the twelve months immediately prior right to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach answer any material filed and his/her statement answer shall be attached to any document within twenty (20) business days if he/she chooses not the file copy.
C. A unit member shall be permitted to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing examine his/her personnel file, an employee may request with the exception of confidential materials, by appointment at the Office of Human Resources and have any written warnings issued more than one year prior Employee Relations. A designee of the Superintendent shall be present at all times.
D. A unit member's file shall be open to inspection by only those persons whose official responsibilities require such inspection.
E. Adverse material properly placed in an envelope a unit member's file and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only not acted upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be within two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be removed upon request by the unit member unless it relates to a part substantiated issue involving the abuse or sexual harassment of either a student or fellow employee or an official permanent recordissue involving drug abuse or alcohol abuse that has a direct impact upon job performance. Materials related to abuse or sexual harassment or drug abuse or those involving drug abuse or alcohol abuse related to job performance may be removed upon request by the unit member if not acted upon within five (5) years. All departments employing peace officers covered materials related to the unit member's evaluation process and properly signed by the Peace Officers Bill of Rights principal, supervisor, or other administrative or supervisory personnel and the unit member shall comply with its provisionsbe exempt from this provision.
Appears in 17 contracts
Samples: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement
Personnel Files. 1. An employee, upon written request to or after prior arrangement with the State Bureau of Human Resources, or the appropriate official at his/her certified representative with work location or in his/her agency, shall be permitted to review his/her personnel files. Such review shall take place during normal office hours and shall be conducted under the written consent supervision of the employee, appropriate records custodian or agency representative. An employee may inspect that employee's review his/her personnel file with files at reasonable times during his/her regular work hours if such review does not require travel out of the exception of all material obtained from other employers and agencies at the time that employee was hirednormal work area. An employee shall be advised ofallowed to place in such file a response of reasonable length to anything contained therein which the employee deems to be adverse.
2. An employee's personnel file shall include, but not be limited to, all memoranda and entitled documents relating to readsuch employee which contain commendations, any written statement by employee performance appraisals or ratings and records of training programs completed.
3. In addition to the employee's supervisor or departmental Management regarding ’s right to view his/her work performance or conduct if such statement is file as set forth above, the employee shall have the right to be placed receive copies of materials included in his/her file as set forth below:
a. an employee may request, in writing, a copy of his/her entire personnel file no more than once in any twelve month period, at no cost to the employee;
b. an employee may request, in writing, a copy of all the material added to the personnel file after the copy of the entire file was provided;
c. an employee may request a copy of specifically identified documents in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on files;
d. if a document, other than routine processing documents, is added to the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If personnel file for an action of which the employee refuses to signis not reasonably aware, the supervisor shall note his/her refusal on the employee will either be notified or receive a copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such ; and
e. requested documents may be a part provided in paper copy or electronically at the discretion of management.
4. Upon request of an official permanent record. On the face employee, records of the sealed envelope it shall read "The contents herein warnings, reprimands, and preventable accident reports shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process removed from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two personnel files after three (23) years from the date of issue the occurrence provided that the employee has had no further disci- plinary action since that date. Upon request of an employee, records of suspensions and disciplinary demotions shall be removed from personnel files after five (5) years from the date of the documents in occurrence provided that the sealed envelopeemployee has had no further disciplinary action since that date. An employee on reviewing hisHowever, records of disciplinary suspensions resulting from patient/her personnel fileclient abuse, may request and have any written warnings neglect or reprimand(s) issued more than two (2) years prior mistreatment shall not be removed from his/her personnel file except as such may be a part files under the provi- sions of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsthis paragraph.
Appears in 13 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An A. Materials in the employee's own personnel files which may serve as a basis for affecting the status of employment are to be made available for inspection by the employee involved. If so desired, employees may be accompanied by a representative of their choice while making this inspection. The inspection shall be made in the presence of the administrator responsible for the safekeeping of these files. Every employee shall have the right to inspect such material upon request. Employees shall have reasonable access to inspect files, subject to the foregoing conditions, at any time the district office is open at times outside of student contact day.
B. The employee shall, upon request, obtain copies of any school district materials which are kept in the personnel files of that employee unless such records are legally restricted from employee observation. Employee may be required to pay current district cost per page for more than two pages.
C. Material derogatory to an employee's conduct, service, character, or his/her certified representative with the written consent of the employee, may inspect that personality shall not be entered in an employee's personnel file with unless and until the exception of all employee is given notice and an opportunity to review and comment thereon and to have such comments attached to the material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel filequestion. The employee shall be given a copy of the material upon request.
D. The employee shall acknowledge that he/she has read reading such material by affixing his/her their signature and the date on the actual copy to be filed, with the understanding that such their signature merely only signifies that he/she has read the material to be filed but has been read and does not necessarily indicate agreement with its contentcontents.
E. Materials placed in an employee's personnel file shall be signed and dated by the author. If No reprisal against the employee refuses to sign, the supervisor author shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to taken by the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not .
F. Material must be placed in the official into an employee's file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business working days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, of its receipt by the Personnel Office.
G. In the event that charges made against an employee may request and are proven to be without substance, such employee shall have the prerogative of deciding whether any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as records of such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein proceedings shall be disclosed only upon written consent of the subject employee retained in their file or by subpoena or other legal process from a public body of competent jurisdictionbe destroyed." The date the contents of the sealed envelope
H. A log sheet will be destroyed shall also appear on the face inserted in each employee's file for appropriate authorized persons to sign and date at time of envelope. That date shall be two (2) years from the date review of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 10 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. 1. An employee, upon written request to or his/her certified representative after prior arrangement with the written consent State Bureau of Human Resources, or the appropriate official at the employee’s work location or in the employee’s agency, shall be permitted to review their personnel files. Such review shall take place during normal office hours and shall be conducted under the supervision of the appropriate records custodian or agency representative. An employee may review their personnel files at reasonable times during the employee, may inspect that employee's personnel file with ’s regular work hours if such review does not require travel out of the exception of all material obtained from other employers and agencies at the time that employee was hirednormal work area. An employee shall be advised of, and entitled allowed to read, any written statement by place in such file a response of reasonable length to anything contained therein which the employee deems to be adverse.
2. An employee's supervisor personnel file shall include, but not be limited to, all memoranda and documents relating to such employee which contain commendations, employee performance appraisals or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel fileratings and records of training programs completed.
3. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness In addition to the employee's refusal ’s right to sign. The view their file as set forth above, the employee shall have the right to receive copies of materials included in the employee’s file as set forth below:
a. an employee may file request, in writing, a grievance regarding any such document within the prescribed time limits copy of the grievance procedure. If employee’s entire personnel file no more than once in any twelve month period, at no cost to the employee;
b. an employee fails may request, in writing, a copy of all the material added to the personnel file a grievance within after the designated time limits, the document becomes part copy of the official file. If the employee does entire file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, was provided;
c. an employee may request and have any written warnings issued more a copy of specifically identified documents in the employee’s personnel files;
d. if a document, other than one year prior placed in an envelope and sealed in his/her routine processing documents, is added to the personnel file except as such for an action of which the employee is not reasonably aware, the employee will either be notified or receive a copy of the document; and
e. requested documents may be a part provided in paper copy or electronically at the discretion of management.
4. Upon request of an official permanent record. On the face employee, records of the sealed envelope it shall read "The contents herein warnings, reprimands, and preventable accident reports shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process removed from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two personnel files after three (23) years from the date of issue the occurrence provided that the employee has had no further disciplinary action since that date. Upon request of an employee, records of suspensions and disciplinary demotions shall be removed from personnel files after five (5) years from the date of the documents in occurrence provided that the sealed envelopeemployee has had no further disciplinary action since that date. An employee on reviewing hisHowever, records of disciplinary suspensions resulting from patient/her personnel fileclient abuse, may request and have any written warnings neglect or reprimand(s) issued more than two (2) years prior mistreatment shall not be removed from his/her personnel file except as such may be a part files under the provisions of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsthis paragraph.
Appears in 9 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his/her certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 9 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Personnel Files. A personnel file shall be maintained for each employee in accordance with the following procedures:
A. The College/University shall place in the file communications indicating special competencies, achievements, research, performance and contributions of an academic, professional or civic nature. An employee may submit to the College/ University such commendations which he or she deems worthy to be included in his or her personnel file.
B. All material received from committees, department chairpersons, administrative officers or other responsible sources concerning an employee's competency, service, character, or conduct shall be signed by the originator before being placed in the employee's personnel file. Anonymous communications shall not be placed in the personnel file of any employee with the exception of documents specifically provided for in the evaluation procedure.
C. A copy of any item included in the employee's personnel file, except items submitted by the employee, dealing specifically with an employee's retention, dismissal, salary improvement, promotion, or his/her certified representative with tenure shall be transmitted to the written consent employee immediately. A copy of other filed items including all items submitted by the employee shall be made available to the employee upon request at the expense of the employee, may inspect that except for the first ten (10) pages each year, which shall be free of charge.
D. Any item which deals specifically with an employee's retention, dismissal, salary improvement, promotion, or tenure which was not previously transmitted to the employee and which is to be relied upon in personnel file with actions shall be made available to the exception of all material obtained from other employers employee and agencies at a reasonable time provided for response. The item and response shall be placed in the time that employee was hired. employee’s personnel file.
E. An employee shall be advised of, and entitled given the opportunity to read, any written statement by review the employee's supervisor contents of his or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel filefile upon application. The employee shall have the opportunity to acknowledge that he/she any item has been read such material by affixing his/her signing the file copy. Such signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does would not necessarily indicate agreement with its content. If content nor will the absence of such signature be construed to necessarily indicate that the employee refuses had not received or read any item in the personnel file.
F. Letters of recommendation relating to signinitial appointment, the supervisor which were solicited under conditions of confidentiality shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to excluded from the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document ’s inspection but shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in personnel actions subsequent to full-time employment.
G. 1. An employee shall have the twelve months immediately prior right to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement respond to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document in his or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may . Such response shall be a part of an official permanent record. On directed to the face President of the sealed envelope it shall read "The contents herein College/University and shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents included in the sealed envelope. An employee on reviewing his/her employee’s personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by attached to the Peace Officers Bill of Rights shall comply with its provisionsappropriate document.
Appears in 8 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, The University shall maintain official personnel files in the Office of the President for Unit faculty members. These files shall be confidential. Any material in such files dealing with personnel and/or professional matters shall include authorship. A Unit faculty member or his/her certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee designee shall be advised of, and entitled have access to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel filefile during regular office hours provided there shall be no undue interference with the normal routine of the office. The employee A Unit faculty member's official personnel file shall acknowledge that he/she has read such material not be removed from the office by affixing the faculty member or his/her signature on designee, and access to the copy to file shall be filed, with only in the understanding that such signature merely signifies that he/she has read presence of someone in authority in the material to be filed but does not necessarily indicate agreement with its contentoffice. If the employee refuses a Unit faculty member designates another person to sign, the supervisor shall note his/her refusal on the copy have access to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and the faculty member shall authorize the Office of the President in writing to release his/her file to that designee for examination. A Unit faculty member shall have the right to respond to or comment upon any written warnings issued more than one year prior placed in an envelope and sealed material filed in his/her official personnel file. Such response or comment shall be affixed to the material and placed with it in the faculty member's file. A Unit faculty member shall have the right to have a copy of material filed in his/her official personnel file except as at personal expense. Copies will be made by a representative of the Office of the President upon request from the faculty member concerned. University administrators shall have access to faculty personnel files in carrying out their official duties. If a personnel file is duly subpoenaed, the faculty member involved shall be notified of such may be subpoena at the earliest possible time. The original or a part copy of an official permanent record. On the face of the sealed envelope it shall read "The contents herein personnel file shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from made available at a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear Unit faculty member's grievance hearing on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her request. That portion of a Unit faculty member's personnel file except as such relevant to a grievance being heard or a copy of that portion of the file may be introduced at a part grievance hearing upon the written request of an administrative official permanent record. All departments employing peace officers covered by involved in the Peace Officers Bill grievance hearing of Rights shall comply with its provisionsthat faculty member.
Appears in 8 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An 19.1 Each unit within The City University shall maintain two personnel files for each employee, .
19.2 There shall be a personal file which shall include but not be limited to the following:
(a) Personnel information;
(b) Information relating to the employee's academic and professional accomplishments submitted by the employee or his/placed in the file at his or her certified representative request;
(c) Records generated by the college;
(d) Memoranda of discussions with the written consent employee relating to evaluations of the employee, may inspect that employee's personnel file with the exception professional performance;
(e) Observation reports of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to academic and professional performance. No materials shall be placed in his/the employee's file until the employee has been given the opportunity to read the contents and attach any comments he or she may so desire. Each such document shall be initialed by the employee before being placed in his or her personnel file. The employee shall acknowledge that he/she has file as evidence of his or her having read such material document. This initialing shall not be deemed to constitute approval by affixing his/her signature on the copy to be filed, with employee of the understanding that contents of such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its contentdocument. If the employee refuses to signinitial any document after having been given an opportunity to read the same, a statement to that effect shall be affixed to the supervisor shall note document.
(f) Each non-tenured and non-certificated full-time member of the instructional staff should examine and initial his/her refusal on personal file prior to the copy end of each academic year. Such member should promptly report to the individual keeping the files any documents which he/she wishes to be filed along included in the file and should furnish any such document not in the possession of the college. Each year, each tenured and certificated full-time member of the instructional staff should examine and initial his/her personal file prior to the end of the fall semester. Such member should promptly report to the individual keeping the files any documents which he/she wishes to be included in the file and should furnish any such document not in the possession of the college. The employee's personal file shall be available for examination by the employee at his or her request.
19.3 There shall be a separate administration file which shall contain only such materials requested by the unit of The City University or supplied by the employee in connection with the supervisor's signature and the signature of a witness to the employee's refusal to signemployment, promotion or tenure. The employee may administration file a grievance regarding any such document within shall be available only to the prescribed time limits committee and individuals responsible for the review and recommendation of the grievance procedure. If the employee fails with respect to file a grievance within the designated time limitsappointment, the document becomes part of the official file. If the employee does file a grievance within the designated time limitsreappointment, said document shall not be placed in the official file nor referenced in any Performance Evaluation promotion or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictiontenure." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 8 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An A. There shall not be more than two (2) personnel files maintained for each employee. The official file will be maintained at the District personnel office. In the event two (2) such files are maintained, one (1) shall be kept in the principal's or director's office at the school or other location where the employee is then employed. Each document placed into the employee's file maintained by the principal or director's office, with the exception of records of counseling and/or written reprimands issued by a school or department administrator, shall be duplicated and transmitted to the District personnel office for inclusion within the employee's file maintained at the District personnel office. The affected employee will receive a copy of the record of counseling or written reprimand. Said document(s) shall be held in abeyance unless the offending behavior recurs or other disciplinary action is taken, within one (1) year of issuance, in which case all documents will be placed in District personnel file(s). If a record of counseling or a written reprimand is held in abeyance, and the offending behavior does not recur and there is no other corrective action within one year from issuance, the original document will be delivered to the employee at the end of one year from the time of issuance. NOTE: Records of counseling and/or written reprimands based upon a serious breach of conduct which is of a criminal nature, or compromises the health and/or safety of any individual, or is issued by the Special Investigative Unit shall be grievable beyond step II. and will not forwarded to the employee’s District personnel file until completion of the grievance procedure (if exercised). When the employee leaves the District, the file maintained in the principal's or director's office may remain there for up to three (3) years or be destroyed if the principal leaves the school within the three (3) year period. No item from an anonymous source may be placed in the personnel file. An employee has the right to answer in writing any materials in his/her certified representative with personnel file. An employee has the right to request that the Superintendent or his designee make an informal inquiry regarding material in his personnel file which the employee believes to be false. The official who makes the inquiry shall append to the material a written consent report of the his findings.
B. Letter(s) of reprimand, letters of complaints from any source, or other items detrimental to an employee's employment status, may inspect that shall not be placed into an employee's personnel file with until the exception of all material obtained from other employers and agencies at employee has had an opportunity to read and/or sign the time that employee was hireditem. An employee's refusal to sign any such item does not restrict the right of the Board to place these items into the appropriate personnel file. The employee's signature shall indicate only that he/she has read the item and shall not necessarily indicate agreement with its contents unless otherwise indicated. The employee shall be advised of, and entitled have the right to read, respond to any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is item(s) to be placed in his/her personnel file. The file and to have the response attached to such item(s).
C. Each employee shall acknowledge that he/she has read such material by affixing his/her signature on have the copy right, upon request, to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature review and the signature reproduce any contents of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file. A representative of the BTU-ESP may accompany the employee in such review and may, an employee may request upon written authorization by the affected employee, review and have reproduce any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part contents of an official permanent recordemployee's personnel file. On The School Board shall charge the face of the sealed envelope it shall read "employee or representative for all copies requested and duplicated. The contents herein rate shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered established by the Peace Officers Bill of Rights shall comply with its provisionsSchool Board.
Appears in 7 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. The personnel files of each employee shall be maintained at the District's central administration office. Any files kept by any supervisor of any employee shall not contain any material that is not in the main personnel file. No adverse action of any kind shall be taken against an employee based upon materials that are not in the personnel file.
4.1.1 Employees shall be provided with copies of any written material ten (10) workdays before it is placed in the employee's personnel file. The employee shall be given an opportunity during normal working hours and without loss of pay to initial and date the material. The written response shall be prepared by the employee on his own time and shall be attached to the material.
4.1.1.1 The District shall clearly specify on each and every written document to be placed in the employee’s personnel file that the employee has the right to respond within ten (10) days and that the document is going to be placed into their file. No documentation without the above notice shall be placed into the employee’s personnel file.
4.1.2 An employee shall have the right at any reasonable time without loss of pay to examine and/or obtain copies of any material from the employee, or his/her certified representative with the written consent 's personnel file. (With immediate supervisor permission.)
4.1.3 All personnel files shall be kept in confidence and shall not be available for inspection to other employees of the employee, may inspect that District. The employee's personnel file with shall be available for examination by the exception employee. The employee may be accompanied by his/her representative.
4.1.4 Any person who places written material or drafts written material for placement in any employee's file shall sign the material and signify the date on which such material was drafted. Any written materials placed in a personnel file shall indicate the date of such placement. Employees shall be given a copy of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be drafts placed in into his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read Employees must sign acknowledging receipt of the material to be filed but that does not necessarily indicate reflect that the employee is in agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits content of the grievance procedurematerial. If the employee fails Failure to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject acknowledge receipt may lead to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictiondisciplinary action." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 7 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An Section 22.1 The personnel file of each employee shall be maintained at the Board’s central administration office.
Section 22.2 Upon request, employees shall be provided with copies of any written material before it is placed in the employee’s personnel file, except for ratings, reports or his/her certified representative with other records which were obtained prior to the written consent employment of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised given an opportunity to prepare a written response to material in his or her personnel file and any written response must be attached to the material.
Section 22.3 An employee shall have the right at any reasonable non-working time to examine in the presence of a supervisor, and/or obtain copies of, and entitled to read, any written statement by material within the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her ’s personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she exception of ratings, reports or other records which were obtained prior to the employment of the employee.
Section 22.4 All personnel files shall be kept in confidence and shall be available for inspection only by Board members, personnel employed by the Board or agents of the Board when necessary to the proper administration of the Board’s affairs, or for the supervision of employees or for obtaining information for use in the grievance and/or arbitration procedure of this Agreement, except as otherwise required by law. A copy of any document obtained from an employee personnel file by the Board or its designee and relied upon by the Board or its designee at a grievance or arbitration hearing shall be supplied to the Association at the hearing.
Section 22.5 Materials placed in the personnel file of the employee, after the initial employment procedure has read been completed, shall include the material to be filed but does not necessarily indicate agreement with its content. If following:
a. The initials of the employee refuses to sign, in whose file the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature entry is being made and date of employee initials and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits initials of the grievance procedure. If administrator placing information in the employee fails to file a grievance within and the designated time limits, date the document becomes part of item was placed in the official file. If the employee does file a grievance within the designated time limits, said document shall .
b. Material will not be placed in the official an employee’s file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights that is considered to be anonymous.
c. Evaluations that have been exhausted. Grievances filed under this provision shall not be subject completed and signed by the employee and officials records i.e., transcripts and certificates, sent to the Arbitration provisions Board at the request of the Grievance Procedure unless employee, and signed letters or notices from the Board’s administration, stating that they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used will be placed in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her employee’s personnel file, an employee may request and have any written warnings issued more than one year prior all be placed directly in an envelope and sealed in his/her personnel files upon receipt without requiring the employees initials.
Section 22.6 The employee’s signature or initials on a personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date document does not indicate agreement with the contents of the sealed envelope materials, but indicates only that the materials have been inspected by the employee. All employees have the opportunity to reply to any critical material in their personnel file by a written statement which will be destroyed shall also appear on attached to the face file copy of envelope. That date the critical materials.
Section 22.7 Written reprimands shall be two (2) years expunged from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her employee’s personnel file except as such may be a part after four (4) years, upon written request from the employee, provided there has been no subsequent record of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsdisciplinary action entered or pending.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, upon written request to or after prior arrangement with the State Bureau of Human Resources, or the appropriate official at his/her certified representative with work location or in his/her agency, shall be permitted to review his/her personnel files. Such review shall take place during normal office hours and shall be conducted under the written consent supervision of the employee, appropriate records custodian or agency representative. An employee may inspect that review his/her personnel files at reasonable times during his/her regular work hours if such review does not require travel out of the normal work area. An em- ployee shall be allowed to place in such file a response of reasonable length to anything contained therein which the employee deems to be adverse. An employee's personnel file with the exception shall include, but not be limited to, all memoranda and documents relating to such employee which contain commendations, employee performance appraisals or ratings and records of all material obtained from other employers and agencies at the time that employee was hiredtraining programs completed. An Upon request an employee shall be advised of, and entitled to read, provided a copy of any written statement by or all materials in his/her personnel files provided that such copies shall be provided at the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is expense. Copies of material added to the employee's personal file after the effective date of this Agreement shall be furnished at the State's expense and sent to each employee simultaneously with it being placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may Upon request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face employee, records of the sealed envelope it shall read "The contents herein reprimands and preventable accident reports shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process removed from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two personnel files after three (23) years from the date of issue the occurrence provided that the employee has had no further disciplinary action since that date. Upon request of an employee, records of suspensions and disci- plinary demotions shall be removed from personnel files after five (5) years from the date of the documents in occurrence provided that the sealed envelopeemployee has had no further disciplinary action since that date. An However, records of disciplinary suspensions resulting from patient/client/inmate/student abuse, neglect or mistreatment and sexual harassment shall not be removed from personnel files under the provisions of this paragraph. Any material inserted into an employee's personnel file shall be dated, shown to the employee on reviewing and the employee shall initial same, attesting only to the fact that he/she has seen and is aware of the material being put into his/her personnel file. Any material not so processed, may request and have cannot be used against an employee in any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionspresent and/or future disciplinary action.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employeeThe Employer shall cause an official personnel file to be established and maintained for employees in accordance with the following guidelines, namely:
A. The employment portion of the personnel file shall include records of education and employment, and such other records, documents and materials that are expressly required to be filed therein by the terms of this Agreement or by law. The performance portion of the personnel file shall include records, documents, and other materials relating to the professional activities and performance of an employee which are expressly required to be filed therein by the terms of this Agreement, including but not limited to evaluations, professional plans and development plans.
B. Employees shall be given written notice within ten (10) days of the insertion or removal of any evaluative materials in the personnel file which adversely reflect on the character of their professional services, or his/her certified which are not positively identified as having been copied to them.
C. Employees shall have the right to review the contents of their personnel file upon reasonable prior request. A representative with of the Association may accompany an employee at the request of the employee. The file shall be reviewed in the presence of an administrator, or designee, responsible for the safekeeping of the file. The credentials and references of employees shall not be subject to review.
D. Employees may request in writing that material be modified or removed from their file which the employee claims to be erroneous. Such written request shall set forth the factual basis for such claim. If the Employer shall fail within thirty (30) work days from receipt of such request to comply therewith, employees shall have the right to insert in their file a written statement, or other relevant material, concerning such material. The objectionable materials shall be appropriately marked to show the existence of such employee filing.
E. The Employer will not release the contents of a personnel file to persons not within its employ except upon the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement unless otherwise required by the employee's supervisor law or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictionjudicial order." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his1. The College shall maintain one official personnel file for each bargaining unit member. This file shall contain all pertinent material that will be used to support personnel actions. Documents that make up the file will be stored in the KSC Office for Human Resources.
2. A bargaining unit member shall have full access to all materials relating to him/her certified representative with the written consent in any part of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her their personnel file. The employee Requests to see their file shall acknowledge that he/she has read such material by affixing his/her signature on the copy be made in writing to KSC Human Resources, and appointments to review their file shall be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its contentscheduled within two (2) business days. If the an employee refuses requests a copy of their personnel file, a copy shall be promptly furnished, normally within five (5) business days.
3. Confidential letters of recommendation solicited prior to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes employment at KSC or as part of the official file. If the employee does file a grievance within the designated time limits, said document shall an internal recruitment/promotion process will not be placed in the official file nor referenced in personnel file.
4. If, upon inspection of any Performance Evaluation or Appraisal part of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her their personnel file, an employee disagrees with any of the information contained in such file, the employee can request that the information be modified or removed from their file by putting said request in writing to KSC Human Resources. Normally a response will be provided within five (5) business days. If KSC Human Resources cannot agree upon removal or correction of such information, then the employee may request and have submit a written statement rebutting or explaining any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except document contained therein together with evidence supporting such version. Such statement shall be attached to the item, be maintained as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her employee's personnel file, may request and have shall be included in any written warnings transmittal of the file to a third party.
5. If the parties agree that any content in the official file is materially inaccurate or reprimand(s) issued more than two (2) years prior removed from his/her untrue, then the material shall be corrected or removed, and all copies containing the inaccuracy or untruth shall be destroyed
6. Personnel files shall not contain any anonymous correspondence. Unsolicited letters, comments or complaints about bargaining unit member behavior or performance shall not be included in the member’s personnel file except as unless they have been investigated and substantiated. Once a complaint about a member has been received, discovery of the merits of the complaint, education of the member, and protection of the complainant from retaliation are the highest priorities. The member shall be informed within thirty (30) business days of such a complaint. Complaints shall be discussed between the immediate supervisor and the member. In the case of fear of retaliation, protection of the complainant may require Human Resource Office discretion and anonymity; however, complaints which remain anonymous shall not be included in the member’s personnel file. If the complaint is found to have substantive merit, then a written complaint may be placed in the personnel file in accordance with the provisions of this Article.
7. Third parties are not entitled to inspect files. Information available to third parties is limited to name, position, salary and length of time of University System employment (A third party is defined as a person or group other than the staff member, their designee, or an appropriate official of the University System or College). Officials of federal or state agencies may have access to personnel files only with a court order or by approval of the System legal counsel in accordance with federal or state regulations. If such access is authorized, each individual so affected will be informed.
8. Whenever an individual other than the member inspects the personnel file of a bargaining unit member, except those who do so in the regular course of their assigned job responsibilities, the date and name of the individual(s) shall be noted in the file.
9. The personnel file shall include only pertinent materials and the file is subject to the above conditions. The personnel file is maintained by the campus Human Resources Office.
10. Personnel files shall be maintained in the confidential custody of the College. All reasonable measures shall be employed by the College to prevent unauthorized access.
11. Access to a bargaining unit member's official personnel file is limited to the member, his or her authorized representative, and appropriate College and University System authorized representatives, unless otherwise provided by law.
12. Medical records, including mental health records, shall not be part of an official permanent recordthe employee's regular personnel file. All departments employing peace officers covered by Review of medical records, including mental health records, shall be limited to the Peace Officers Bill necessary benefit administration personnel. Any other access shall be only with prior approval of Rights the employee and/or in accordance with this Article.
13. No part of this policy shall be in violation of RSA 91-A, New Hampshire's "Right to Know" Law or RSA 275:56. Should new statutes or regulations become effective with regard to personnel files and records, the University System will react appropriately to comply with its provisionsthose statutes and will notify all personnel accordingly. If any new statute or regulation becomes effective which is contrary to any provision of this Article, the College and the Association shall reopen negotiations to address appropriate changes to the provisions of this Article.
Appears in 6 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employeeA. A bargaining unit member will have the right to review the contents of all records of the Employer pertaining to said bargaining unit member originating after initial employment; except privileged information, including attorney-client communication and student records, and to have a representative of the Association accompany him/her in such review. Other examinations of a bargaining unit member's file shall be limited to qualified supervisory personnel, except that a non-bargaining unit member Association representative may review such files when necessary for contract administration purposes or to provide the bargaining unit member representation in other administrative or legal proceedings. Each file shall contain a record indicating who has reviewed it, the date reviewed, and the reason for such review.
B. No material including, but not limited to, student, parental, or his/her certified representative with the written consent of the employee, may inspect that employeeschool personnel complaints originating after initial employment will be placed in a bargaining unit member's personnel file with unless the exception of all bargaining unit member has had an opportunity to review the material obtained from other employers and agencies at the time that employee was hiredcomplaint has been investigated by the Employer. An employee If the complaint is found to be without merit, the Administrator shall state so in writing.
C. Complaints against the bargaining unit member shall be advised ofput in writing with names of the complainants, administrative action taken, and entitled remedy clearly stated. The bargaining unit member may submit a written notation or reply regarding any material, including complaints, and the same shall be attached to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement file copy of the material in question. When material is to be placed in his/her personnel a bargaining unit member's file, the affected bargaining unit member shall review and sign said material, such signature shall be understood to indicate awareness of the material. The employee In no instance shall acknowledge that he/she has read such material by affixing his/her said signature on the copy be interpreted to be filed, mean agreement with the understanding that such signature merely signifies that he/she has read content of the material. If the bargaining unit member believes the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced are inappropriate or in any Performance Evaluation or Appraisal of Promotability until error, and the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to member’s assertion is substantiated by the Arbitration provisions of administration, the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation material will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel corrected and/or expunged from the file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may whichever is deemed to be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered appropriate by the Peace Officers Bill of Rights shall comply with its provisionssuperintendent.
Appears in 5 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Personnel Files. An employee, or his/her his certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management management regarding his/her his work performance or conduct if such statement is to be placed in his/her his personnel file. The employee shall acknowledge that he/she he has read such material by affixing his/her his signature on the copy to be filed, with the understanding that such signature merely signifies that he/she he has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her his refusal on the copy to be filed along with the supervisor's ’s signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall would not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her his personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her his personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "read, “The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." ” The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on On reviewing his/her this personnel file, an employee may request and have any written warnings or reprimand(s) and/or reprimands issued more than two (2) years prior removed from his/her his personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 5 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Personnel Files. An employeeA. Each unit member shall have the right, or upon request, to review the contents of his/her certified representative own personnel files maintained at the unit member’s school or at the Administration Building. Each unit member may have any person with proper written authorization review the written consent above files. Unit members will be notified, in accordance with law, before any material is removed from their personnel files.
B. Any complaints by a parent of a student, or any person, directed toward a unit member and deemed serious enough to become a matter of formal record shall be promptly called to the employeeunit member’s attention. Unit members are entitled to know the identity or source of all such complaints.
C. No material derogatory to a unit member’s conduct, may inspect that employee's service, character or personality shall be placed in either a unit member’s building personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she file or in the Administration Building unless the unit member has had an opportunity to read such the material by affixing his/her signature on the actual copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but and does not necessarily indicate agreement with its contentcontents. If Unit members shall have the employee refuses right to sign, remove false and inaccurate information from their personnel folders upon substantiation or proof of falsity or inaccuracy. Material so removed shall be kept in the supervisor separate grievance file and shall note his/her refusal on not be used for employment related purposes. No anonymous letters or material shall be placed in a unit member’s file.
D. The unit member shall have the copy right to be filed along with answer any material contained in the supervisor's signature file and the signature of a witness answer shall be attached to the employee's refusal file copy.
E. Unit members are entitled to sign. The employee may file a grievance regarding copy any such document within the prescribed time limits material in their personnel files at reasonable cost.
F. Letters of commendation are reflective of the grievance procedureunit member’s professional performance and achievement and tend to promote and maintain higher professional standards. If the employee fails to file a grievance within the designated time limits, the document becomes part Letters or memos of the official file. If the employee does file a grievance within the designated time limits, said document commendation from administrators that “cc: Personnel File,” shall not be placed in the official teacher’s personnel file nor referenced in any Performance Evaluation or Appraisal of Promotability until provided the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject teacher has affixed his signature to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees letter/memo indicating that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such documenthad the opportunity to read the material. On reviewing his/her Documents related to awards or honors from outside organizations when submitted by the teacher shall be maintained in the teacher’s personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be . Letters or memos from parents or documents of a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein similar nature shall be disclosed only upon written consent of given to the subject employee or by subpoena or other legal process from a public body of competent jurisdictionteacher to be kept in their own files." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee1. The District Administration shall maintain a personnel file for each member of the unit at the District office. This shall be the District's official personnel file for each member of the unit. The file shall be an official repository for materials which affect the status of employment of the unit member. Contents of the personnel file shall be maintained in a confidential manner.
2. Information or statements of a derogatory nature, except material obtained for the purposes of initial employment, shall not be entered or hisfiled unless and until the employee is given notice and an opportunity to review and comment thereon within ten (10) working days. Prior to its placement in the personnel file, a unit member/her certified representative designee shall have the right to meet with the written consent Superintendent/designee to review the information of a derogatory nature before a determination of its propriety for placement in the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hiredis made. An employee shall be advised ofhave the right to enter, and entitled have attached to readany derogatory material placed in the file, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to own comments thereon.
3. Information of a positive nature may be placed in an employee's file such as indications of special competencies, achievements, performances, or contributions of an academic, professional, or civic nature. Material of a similar nature received from responsible outside sources may also be included in an employee's file. Copies of such material shall be given to an employee even if not entered in the file.
4. The personnel file of an employee shall be made available for review by the employee except for confidential material obtained for the purposes of initial employment. If desired, the employee may be accompanied by a representative while conducting this review, or the employee may authorize the representative, in writing, to review the materials independently. The examination shall be made in the presence of the Human Resources Administrator or a designee.
5. An employee shall have the right to inspect his/her personnel filefile upon request. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If review must occur at a time when the employee refuses is not actually required to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness render service to the employee's refusal to signDistrict in all cases, except those detailed in the section regarding derogatory information.
6. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document Anonymous material shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request i.e., no materials shall be entered in the unit member's file which do not bear the author's signature and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her date of writing.
7. Documents dealing with the processing of a grievance shall be separate from the personnel file except as such may be a part of an official permanent record. On the face files of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictionparticipants." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee1. The official personnel file of each employee shall be maintained by the Civil Service personnel office. The Board and CFOP recognize that certain Ohio laws govern access to records maintained by or on behalf of the Board. However, insofar as they are acting in their capacity as employees or representatives of the Board, only the following may have access to employee personnel files: members of the Board of Education; attorneys of the Board needing access to personnel files; the Superintendent and his/her certified representative with the written consent of designees who serve in an administrative or supervisory capacity in relation to the employee, may inspect that employee's personnel file with the exception approval of all material obtained from the Director, Department of Human Resources, or his designee; the employee; and such other employers and agencies at persons as the time that employee was hiredmay authorize in writing.
2. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in examine his/her personnel file except upon request. With respect to the official personnel file, the employee shall schedule an appointment at least one (1) working day in advance with a representative of the Civil Service personnel office in whose presence the file shall be examined. Copies of any material in the personnel file shall be made available upon request and upon payment of the cost of copying.
3. Upon receipt of any written communication (including a notation) involving accusations or derogatory statements against an employee, the Civil Service personnel office shall, before placing such material in the official personnel file, notify the employee of his/her right to dispute the accuracy, relevance, timelines, or completeness of the communication (or notation). Notification shall not be required when documents are addressed or copied to the employee. The employee's written response must remain attached to the derogatory statements as such long as the item is on file.
4. No other official personnel file concerning an employee shall be maintained. However, letters, memoranda, copies of documents which are in the official personnel file and other material concerning an employee may be maintained in a part of personnel file by the building/unit administrator.
5. Any written material withheld from the official personnel file and the personnel file maintained at the building/unit level, and not otherwise known to the employee, shall not be used as evidence in any action against the employee. Should an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date dispute the contents of a written communication or notation in either personnel file referred to above, the sealed envelope will Board shall delete any information that it cannot verify or that it finds to be destroyed inaccurate.
6. Upon receipt of a citizen request for access to an employee's personnel file under ORC 149.43, the Civil Service personnel office shall also appear on notify the face of envelope. That date shall be two (2) years from employee in writing, including the date of issue the request and the name of the documents in person making the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsrequest.
Appears in 5 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An The City shall maintain two (2) personnel files on each employee, or an official file in the Human Resources Department and a departmental file at the department. The personnel files shall be maintained at a location identified to each employee by the City. Upon request by an employee, the employee and/or his/her certified authorized representative with may review the written consent personnel files during regular office hours except where denial of the access is authorized by statute. No other personnel files other than that permitted by this provision may be kept on an employee, may inspect that . Information contained in an employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised ofconfidential and available for inspection only to authorized management personnel, the supervisor of the employee and entitled the City’s attorneys; except, however, that information in an employee's personnel file may be released pursuant to readcourt order, any written statement subpoena, or with a release signed by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee department shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If notify the employee refuses of the existence of such court order, subpoena, or a motion for court order to sign, gain access to the supervisor shall note his/her refusal on personnel file prior to the copy to be filed along with the supervisor's signature and the signature release of a witness any information. No material which relates to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limitsconduct, the document becomes part of the official file. If the employee does file a grievance within the designated time limitsattitude, said document shall not be placed in the official file nor referenced in any Performance Evaluation work performance, or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed included in his/her personnel file except as without being signed and dated by the author of such may material. Before such material is placed in the employee's file, the department head or designated authority shall provide the employee the opportunity to review the material and sign and date it. A copy of such material shall be a part of an official permanent recordprovided to the employee. On The employee shall have the face right to insert in his/her file within thirty (30) calendar days of the sealed envelope employer placing an item in the file, supplementary material and a written response to any item in the file. Such response shall remain attached to the material it shall read "The contents herein supplements for as long as the material remains in the file. Retention of Materials. Internal affairs investigations shall be disclosed only upon written consent of the subject employee or by subpoena or kept in a separate file under complainant's name and shall be purged and destroyed after five (5) years. All personnel records dealing with disciplinary actions that affect payroll, leave balances, etc, personnel transaction forms, and voluntary-nonvoluntary deduction forms shall be maintained permanently. All other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will information shall be destroyed shall also appear on the face of envelope. That date shall be two after five (25) years from the date of issue filed. Written reprimands shall be destroyed after five (5) years if no further discipline or similar reprimands have been filed within the five (5) year period. If there are other similar documents on file, the written reprimands cannot be destroyed until five (5) years after the most recent occurrence. Counseling memos are considered to be part of the documents performance evaluation process and can be included in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by evaluation document at the Peace Officers Bill of Rights shall comply with its provisionssupervisor's discretion.
Appears in 5 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Personnel Files. 1. An employee, upon written request to or after prior arrangement with the State Bureau of Human Resources, or the appropriate official at his/her certified representative with work location or in his/her agency, shall be permitted to review his/her personnel files. Such review shall take place during normal office hours and shall be conducted under the written consent supervision of the employee, appropriate records custodian or agency representative. An employee may inspect that employee's review his/her personnel file with files at reasonable times during his/her regular work hours if such review does not require travel out of the exception of all material obtained from other employers and agencies at the time that employee was hirednormal work area. An employee shall be advised ofallowed to place in such file a response of reasonable length to anything contained therein which the employee deems to be adverse.
2. An employee's personnel file shall include, but not be limited to, all memoranda and entitled documents relating to readsuch employee which contain commendations, any written statement by employee performance appraisals or ratings and records of training programs completed.
3. In addition to the employee's supervisor or departmental Management regarding ’s right to view his/her work performance or conduct if such statement is file as set forth above, the employee shall have the right to be placed receive copies of materials included in his/her file as set forth below:
a. an employee may request, in writing, a copy of his/her entire personnel file no more than once in any twelve month period, at no cost to the employee;
b. an employee may request, in writing, a copy of all the material added to the personnel file after the copy of the entire file was provided;
c. an employee may request a copy of specifically identified documents in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on files;
d. if a document, other than routine processing documents, is added to the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If personnel file for an action of which the employee refuses to signis not reasonably aware, the supervisor shall note his/her refusal on the employee will either be notified or receive a copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance proceduredocument; and
e. requested documents may be provided in paper copy or electronically at the discretion of management.
4. If the employee fails to file a grievance within the designated time limitsUpon request of an employee, the document becomes part records of the official file. If the employee does file a grievance within the designated time limitsreprimands, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein preventable accident reports shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process removed from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two personnel files after three (23) years from the date of issue the occurrence provided that the employee has had no further disciplinary action since that date. Upon request of an employee, records of suspensions and disciplinary demotions shall be removed from personnel files after five (5) years from the date of the documents in occurrence provided that the sealed envelopeemployee has had no further disciplinary action since that date. An employee on reviewing hisHowever, records of disciplinary suspensions resulting from patient/her personnel fileclient abuse, may request and have any written warnings neglect or reprimand(s) issued more than two (2) years prior mistreatment shall not be removed from his/her personnel file except as such may be a part files under the provisions of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsthis paragraph.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. Section 1. A personnel file shall be maintained for each employee in the Superintendent’s office, and such file shall be the only official file for the employee. The file shall be as confidential as permitted by law. A request for access shall be scheduled through the Superintendent. An employee, or employee may be accompanied by a representative of his/her certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies choice at the time that of a review of the individual’s personnel file.
Section 2. Any material to be placed in the employee’s personnel file shall be shown to the employee was hiredand a copy shall be provided. An The employee shall sign such material to indicate that he/she has seen the material, but such signature shall not be advised of, and entitled construed to read, indicate agreement with the contents of the material. The employee may write a rebuttal to any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement material which is to be placed in his/her personnel file and such rebuttal shall be permanently attached to the material in question.
Section 3. Classified employees may challenge the relevancy, accuracy, timeliness, or fairness of file information through the grievance procedure filed at the Superintendent’s level.
Section 4. An incident which has not been reduced to writing within ten (10) work days of the administration’s knowledge of its occurrence may not later be added to the file.
Section 5. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits contents of the grievance procedurefile are limited to work related activities, discipline, and routine financial or personnel data.
Section 6. If All entries in the employee fails to personnel file a grievance within must be signed and dated by an administrator/supervisor.
Section 7. Derogatory material without foundation from parents or others outside the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document educational field shall not be placed in the official file nor referenced in any Performance Evaluation building or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhaustedcentral office personnel files. Grievances filed under this provision Anonymous documents shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used placed in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such formsany file.
Section 8. The classified employee may attach shall be entitled to a copy of any material in his/her statement to file. Employees may have a copy of any document within twenty (20) business days if he/she chooses not item in their file at no cost. If the Association is asked to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed on behalf of the employee, then the Association shall also be entitled to a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have copy of any written warnings issued more than one year prior placed in an envelope and sealed material in his/her personnel file except as such may be a part on written request from the employee involved, to the Board office.
Section 9. The employer shall make reasonable effort to immediately notify the employee of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date any request(s) to view the contents of the sealed envelope will be destroyed shall also appear on the face of envelopeemployee’s personnel file. That date An individual requesting to see an employee’s file shall be two (2) years from granted access to the date file within a reasonable period of issue of time. During this the documents in interim period, the sealed envelope. An employee on reviewing may review his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her .
Section 10. Information in the personnel file except as such may shall be a part removed upon mutual agreement of an official permanent recordthe staff member and the administrator/supervisor making the entry or the Superintendent.
Section 11. All departments employing peace officers covered by Complaints against staff members shall be held in executive session, if it becomes necessary for the Peace Officers Bill Board of Rights Education to become involved.
Section 12. The procedures herein shall comply with its provisionstake precedence over and supersede the provisions of O.R.C. Chapter 1347.
Appears in 4 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his/her certified representative 1. The official personnel file of each employee shall be maintained at the District Office. No disciplinary action of any kind shall be taken against an employee based upon materials which are not contained in the official personnel file.
2. Employees shall be provided with the written consent copies of materials before they are placed in the employee's personnel file.
3. An employee shall be given an opportunity before and after working hours to use District facilities such as a copy machine, may inspect that and computer in order to prepare a rebuttal (see Article 5.A.
1.). The employee shall be given up to ten (10) working days to prepare a written response to such material. The written response shall be attached to said material.
4. An employee shall have the right at any reasonable time during normal business hours, without loss of pay if exercised during normal working hours, to examine and/or obtain copies of any material in the employee's official personnel file with the exception of all material that includes ratings, reports, and other selection records which were created or obtained from other employers and agencies at either prior to the time that employment of the employee was hiredinvolved or for promotional considerations thereafter. An employee Costs of reproducing materials shall be advised of, and entitled to read, any written statement borne by the employee. Charges for additional copies other than the employee's supervisor or departmental Management regarding his/her work performance or conduct if original copy shall not exceed fifteen cents ($.15) per page.
5. All official personnel files shall be kept in confidence. The District shall maintain a log indicating the name of any person(s) who has looked at the personnel file, as well as the date such statement examination(s) was made. This requirement is not applicable to the District Superintendent and Human Resources Managers and Staff.
6. Any person who requests written material to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the an employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as shall sign and date such may be a part of an official permanent recordmaterial.
7. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be Derogatory materials two (2) years from old or more contained in an employee's official personnel file shall not be used by the date District as the basis for disciplinary action or when considering employee's request for transfer or promotion, except when necessary to show a continuing pattern of issue of the documents in the sealed envelopesimilar misconduct or performance deficiency.
8. An employee on reviewing may designate in writing that a Union official may review contents of his/her official personnel file, may request .
9. Job-related certificates and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her job-related letters of commendation shall be placed in the employee’s personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by at the Peace Officers Bill of Rights shall comply with its provisionsemployee’s request.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employeeThe official personnel file for each faculty member shall be maintained by the District, or his/her certified representative and that file shall be located at the District headquarters. This paragraph, however, shall not preclude the maintenance of operational files of faculty by their respective unit administrators and all lawful payroll records by the business office. The operational files shall not contain faculty medical information and shall not be used to initiate disciplinary proceedings. Only the HR Employee Services office staff, the individual faculty member, the immediate unit administrator, the appropriate vice president, the college president, and the District Chancellor shall have access to the file. All parties having access to the file shall exercise great care to protect the confidentiality of materials in the file. Faculty may review the contents of their own personnel file by appointment with the written consent District HR Employee Services office. Upon the faculty member's request, a representative of the employee, AFT may inspect that employee's personnel be present when the file with the exception of all material obtained from other employers and agencies at the time that employee was hiredis being reviewed. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee Information may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official personnel file nor referenced only after a copy has been provided to the faculty member and only after opportunity of at least one (1) calendar week has been provided to sign and date the material and to attach any written response or other documents related to the information in any Performance Evaluation question. The faculty member's signature shall be deemed only an acknowledgment that he or Appraisal of Promotability until she has seen the grievance procedure or civil service appeal rights have material and has been exhaustedprovided such opportunity to respond. Grievances filed under this provision The signature shall not be subject to signify that the Arbitration provisions faculty member necessarily agrees with the content of the Grievance Procedure unless they involve violation material. Placement of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used information in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may must be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two made within thirty (230) years calendar days from the date of issue of that the documents faculty was given the opportunity to sign. Except in extraordinary, emergency situations, no action may be taken against a faculty member unless such action is based on materials that have been placed properly in the sealed envelope. An employee on reviewing his/her personnel file. Faculty shall be given a copy of any employment notice affecting their employment status. At any time upon mutual agreement between the District and the faculty member, may request and have any written warnings or reprimand(s) issued more than two (2) years prior document will be removed immediately from his/her the District personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsfile.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his/her his certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management management regarding his/her his work performance or conduct if such statement is to be placed in his/her his personnel file. The employee shall acknowledge that he/she he has read such material by affixing his/her his signature on the copy to be filed, with the understanding that such signature merely signifies that he/she he has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her his refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall would not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her his personnel file, an employee may request and have any written warnings and/or written reprimands issued more than one year two years prior placed in an envelope and sealed in his/her removed from his personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 4 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Personnel Files. An employeeA. Only one personnel file shall be maintained at the Sheriff's Office for each employee (hereinafter “personnel file”). The Human Resources Department also maintains a file on each employee that contains payroll and benefit information. Every employee may, or during his/her certified representative with the written consent non-duty hours and during regular office hours of the employeeSheriff's Office, may inspect that his/her file at such office and shall be allowed to make copies of anything contained therein.
B. The Merit Commission, when conducting business relating to its official duties, shall have the right to inspect the personnel file of any employee who has filed a grievance. The inspection of the records shall take place at the Office of the Sheriff during normal office hours (Neb. Rev. Stat. Sec. 23-1728).
C. Any employee shall have the right to respond in writing to any adverse comment or incorrect information contained in his or her personnel file. Such comments shall be kept in the employee's personnel file with as long as the exception of all material obtained from other employers and agencies at challenged comment or information remains in the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor file.
D. Documentation reflecting disciplinary action or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document assessments shall not be placed in an employee's personnel file without the official file nor referenced in any Performance Evaluation or Appraisal signature of Promotability until the grievance procedure or civil service appeal rights employee verifying knowledge of the existence of such information. However, when asked to do so, employees have been exhausted. Grievances filed under this provision shall no right to refuse to verify their knowledge with their signature when asked to do so.
E. The County agrees that pre-employment background investigations, psychological evaluations, and polygraphs will be kept confidential and will not be subject to the Arbitration provisions deemed part of the Grievance Procedure unless they involve violation employee's personnel file.
F. If an employee receives a Disciplinary Action Letter, the letter must be inserted into the employee's personnel file.
G. Any documentation representing disciplinary action shall remain active for progressive discipline and promotion evaluation purposes for the time periods listed below. Counseling 90 Days Admonishment 180 Days Reprimand 18 Months Suspension 4 Years Demotion Permanent Termination Permanent It shall be the employee's responsibility, after the appropriate time, to request the removal of any inactive documentation. Any documentation representing disciplinary action that becomes inactive shall be removed from the employee’s personnel file after the time period listed above and shall be maintained in a file known as "Inactive Disciplinary Action." In the event of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability recommended demotion or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days termination, all previous disciplinary action even if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except removed as such outlined above may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictiontaken into consideration." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his/her certified representative with the written consent of the employee, may inspect that employee's 1. The College shall maintain one official personnel file with for each bargaining unit member. This file shall contain all pertinent material that will be used to support personnel actions. Documents that make up the exception file will be stored in the KSC Office for Human Resources.
2. A bargaining unit member shall have full access to all materials relating to them in any part of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her their personnel file. The employee Requests to see their file shall acknowledge that he/she has read such material by affixing his/her signature on the copy be made in writing to KSC Human Resources, and appointments to review their file shall be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its contentscheduled within two (2) business days. If the an employee refuses requests a copy of their personnel file, a copy shall be promptly furnished, normally within five (5) business days.
3. Confidential letters of recommendation solicited prior to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes employment at KSC or as part of the official file. If the employee does file a grievance within the designated time limits, said document shall an internal recruitment/promotion process will not be placed in the official file nor referenced in personnel file.
4. If, upon inspection of any Performance Evaluation or Appraisal part of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her their personnel file, an employee disagrees with any of the information contained in such file, the employee can request that the information be modified or removed from their file by putting said request in writing to KSC Human Resources. Normally a response will be provided within five (5) business days. If KSC Human Resources cannot agree upon removal or correction of such information, then the employee may request and have submit a written statement rebutting or explaining any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except document contained therein together with evidence supporting such version. Such statement shall be attached to the item, be maintained as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her employee's personnel file, may request and have shall be included in any written warnings transmittal of the file to a third party.
5. If the parties agree that any content in the official file is materially inaccurate or reprimand(s) issued more than two (2) years prior removed from his/her untrue, then the material shall be corrected or removed, and all copies containing the inaccuracy or untruth shall be destroyed
6. Personnel files shall not contain any anonymous correspondence. Unsolicited letters, comments or complaints about bargaining unit member behavior or performance shall not be included in the member’s personnel file except as unless they have been investigated and substantiated. Once a complaint about a member has been received, discovery of the merits of the complaint, education of the member, and protection of the complainant from retaliation are the highest priorities. The member shall be informed within thirty (30) business days of such a complaint. Complaints shall be discussed between the immediate supervisor and the member. In the case of fear of retaliation, protection of the complainant may require Human Resource Office discretion and anonymity; however, complaints which remain anonymous shall not be included in the member’s personnel file. If the complaint is found to have substantive merit, then a written complaint may be placed in the personnel file in accordance with the provisions of this Article.
7. Third parties are not entitled to inspect files. Information available to third parties is limited to name, position, salary and length of time of University System employment (A third party is defined as a person or group other than the staff member, their designee, or an appropriate official of the University System or College). Officials of federal or state agencies may have access to personnel files only with a court order or by approval of the System legal counsel in accordance with federal or state regulations. If such access is authorized, each individual so affected will be informed.
8. Whenever an individual other than the member inspects the personnel file of a bargaining unit member, except those who do so in the regular course of their assigned job responsibilities, the date and name of the individual(s) shall be noted in the file.
9. The personnel file shall include only pertinent materials and the file is subject to the above conditions. The personnel file is maintained by the campus Human Resources Office.
10. Personnel files shall be maintained in the confidential custody of the College. All reasonable measures shall be employed by the College to prevent unauthorized access.
11. Access to a bargaining unit member's official personnel file is limited to the member, their authorized representative, and appropriate College and University System authorized representatives, unless otherwise provided by law.
12. Medical records, including mental health records, shall not be part of an official permanent recordthe employee's regular personnel file. All departments employing peace officers covered by Review of medical records, including mental health records, shall be limited to the Peace Officers Bill necessary benefit administration personnel. Any other access shall be only with prior approval of Rights the employee and/or in accordance with this Article.
13. No part of this policy shall be in violation of RSA 91-A, New Hampshire's "Right to Know" Law or RSA 275:56. Should new statutes or regulations become effective with regard to personnel files and records, the University System will react appropriately to comply with its provisionsthose statutes and will notify all personnel accordingly. If any new statute or regulation becomes effective which is contrary to any provision of this Article, the College and the Association shall reopen negotiations to address appropriate changes to the provisions of this Article.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An A. The MCOE shall establish and maintain a personnel file for each member of the unit. The file shall be the official employer repository for evaluation reports.
B. Every member of the unit shall have the right to inspect and receive a copy of such materials upon request, provided that the request is made at a time when such person is not actually required to render service to MCOE. MCOE shall have a reasonable time to comply with requests for copying any materials. Material for employee review or copying shall not include ratings, reports, or records that were obtained prior to the employment of the person involved. The inspection shall be either in the presence of the Human Resources officer, administrator, or confidential employee, or at a location in the County Office designated by one of these officers. Any item not prohibited by law may be copied and the unit member will be charged the current rate for copying material. In no case may the unit member remove any item from the file or the file from the building. A representative of the unit member may, at the unit member’s written request, accompany the unit member to review the material in the file. A standard signature form for information release will be available in the Human Resources Office.
C. No derogatory material will be placed in a unit member’s file unless and until the employee has been notified that the material will be placed in the file and he/she has been given the opportunity to review it and have written comments attached thereto. This review may take place during normal business hours of MCOE and the unit member shall be released from duty for this purpose.
D. A unit member may request that his/her certified representative file be updated at any time with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained additional recommendations or course work from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor official agency or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge organization sources that he/she has read such material by affixing feels is pertinent to his/her signature on professional career. Unsolicited letters of testimony shall not be accepted. MCOE is not responsible for providing multiple copies to other agencies or persons.
E. Access to personnel files shall be limited to the copy to be filedSuperintendent, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on designee, the copy to department head, Human Resources officer, and the unit member/designee.
F. No material shall be filed along with entered in the supervisor's unit member’s file that does not bear the author’s signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionswriting.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Certificated Negotiated Agreement, Certificated Negotiated Agreement
Personnel Files. 1. An employee, upon written request to or after prior arrangement with the State Bureau of Human Resources, or the appropriate official at his/her certified representative with work location or in his/her agency, shall be permitted to review his/her personnel files. Such review shall take place during normal office hours and shall be conducted under the written consent supervision of the employee, appropriate records custodian or agency representative. An employee may inspect that employee's review his/her personnel file with files at reasonable times during his/her regular work hours if such review does not require travel out of the exception of all material obtained from other employers and agencies at the time that employee was hirednormal work area. An employee shall be advised ofallowed to
2. An employee's personnel file shall include, but not be limited to, all memoranda and entitled documents relating to readsuch employee which contain commendations, any written statement by employee performance appraisals or ratings and records of training programs completed.
3. In addition to the employee's supervisor or departmental Management regarding ’s right to view his/her work performance or conduct if such statement is file as set forth above, the employee shall have the right to be placed receive copies of materials included in his/her file as set forth below:
a. an employee may request, in writing, a copy of his/her entire personnel file no more than once in any twelve month period, at no cost to the employee;
b. an employee may request, in writing, a copy of all the material added to the personnel file after the copy of the entire file was provided;
c. an employee may request a copy of specifically identified documents in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on files;
d. if a document, other than routine processing documents, is added to the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If personnel file for an action of which the employee refuses to signis not reasonably aware, the supervisor shall note his/her refusal on the employee will either be notified or receive a copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance proceduredocument; and
e. requested documents may be provided in paper copy or electronically at the discretion of management.
4. If the employee fails to file a grievance within the designated time limitsUpon request of an employee, the document becomes part records of the official file. If the employee does file a grievance within the designated time limitsreprimands, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein preventable accident reports shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process removed from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two personnel files after three (23) years from the date of issue the occurrence provided that the employee has had no further disciplinary action since that date. Upon request of an employee, records of suspensions and disciplinary demotions shall be removed from personnel files after five (5) years from the date of the documents in occurrence provided that the sealed envelopeemployee has had no further disciplinary action since that date. An employee on reviewing hisHowever, records of disciplinary suspensions resulting from patient/her personnel fileclient abuse, may request and have any written warnings neglect or reprimand(s) issued more than two (2) years prior mistreatment shall not be removed from his/her personnel file except as such may be a part files under the provisions of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsthis paragraph.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employeeA. A bargaining unit member will have the right to review the contents of all records of the Employer pertaining to said bargaining unit member originating after initial employment; except privileged information, including attorney-client communication and student records; and to have a representative of the Association accompany him/her in such review. Other examinations of a bargaining unit member’s file shall be limited to qualified supervisory personnel, except that a non-bargaining unit member Association representative may review such files when necessary for contract administration purposes or to provide the bargaining unit member representation in other administrative or legal proceedings. Each file shall contain a record indicating who has reviewed it, the date reviewed, and the reason for such review.
B. No material including, but not limited to, student, parental, or his/her certified representative school personnel complaints originating after initial employment will be placed in a bargaining unit member’s personnel file unless the bargaining unit member has had an opportunity to review the material and the complaint has been investigated by the Employer. If the complaint is found to be without merit, the Administrator shall state so in writing.
C. Complaints against the bargaining unit member shall be put in writing with the written consent names of the employeecomplainants, administrative action taken, and remedy clearly stated. The bargaining unit member may inspect that employee's personnel file with submit a written notation or reply regarding any material, including complaints, and the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee same shall be advised of, and entitled attached to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement file copy of the material in question. When material is to be placed in his/her personnel a bargaining unit member’s file, the affected bargaining unit member shall review and sign said material, such signature shall be understood to indicate awareness of the material. The employee In no instance shall acknowledge that he/she has read such material by affixing his/her said signature on the copy be interpreted to be filed, mean agreement with the understanding that such signature merely signifies that he/she has read content of the material. If the bargaining unit member believes the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced is inappropriate or in any Performance Evaluation or Appraisal of Promotability until error, and the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to member’s assertion is substantiated by the Arbitration provisions of administration, the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation material will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel corrected and/or expunged from the file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may whichever is deemed to be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered appropriate by the Peace Officers Bill of Rights shall comply with its provisionsSuperintendent.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Personnel Files. An There shall be only one official personnel file maintained for an employee. For purposes of record keeping, copies of information contained in the official personnel file may be kept at the employee's work location. Upon an employee's relocation to another work location, only the employee's official personnel file may be transferred to the employee's new work location. In accordance with Section 2 below, upon the employee's request, such file may be reviewed by the employee prior to the transfer of the file. Material pertaining to an employee's conduct, performance, and/or of a disciplinary nature shall be identical in both the local and official files. Under no circumstances shall an employee's medical file be contained in the employee's personnel file; however, records of personnel actions based upon medical information may be kept in the personnel file. Grievance forms and decisions shall not be contained in an employee's personnel file. All material placed in a personnel file shall either be signed by the employee indicating receipt of a copy of same or his/her certified representative with the written consent of routinely supplied to the employee, may inspect that except material related to routine non-disciplinary personnel transactions. For purposes of this Article, notes kept by a supervisor shall not be considered a personnel file. Such notes shall be kept in a confidential manner and shall be considered the property of the maker of such notes, and shall be placed in the employee's personnel file with only if the exception employee is provided a copy and shall not be used for purposes of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by discipline unless placed in the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed official personnel file. If an employee disagrees with anything contained in his/her personnel file, the employee may seek removal or correction of same. The If no agreement is made to remove or correct the information, the employee shall acknowledge that he/she has read such material by affixing may submit a written statement explaining his/her signature on position, and it shall be entered into the copy to be filed, with file and/or the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee Employee may file a grievance regarding any such document within the prescribed time limits removal or correction of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictioninformation." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 4 contracts
Samples: Labor Agreement, Labor Agreement, Labor Agreement
Personnel Files. An employeeFor Evaluative, Disciplinary or Derogatory Statements:
A. The employee may submit a written notation regarding any material, within 10 working days, and the same shall be attached to the file copy of the material in question.
B. If an employee believes that material placed in his/her certified representative file is inappropriate or in error, he/she may receive adjustment, provided cause is shown through the grievance procedure, whereupon the material will be corrected or expunged from the file.
C. An employee must be requested to sign evaluative, disciplinary, or similar material placed in the individual's personnel file. Such signature shall be understood to indicate the individual's awareness of the material, but in no instance shall said signature be interpreted to mean agreement with the written consent content of the employee, may inspect that employee's personnel file with the exception of all material.
D. If an employee should refuse to sign material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her file, it shall be signed by that employee's representative and building chairman. These signatures shall indicate that said employee has been made aware of this material, but has refused to sign it.
E. Each employee shall have the right, upon request, to review the contents of his/her own personnel file. The A Union representative may be requested by the employee to accompany the employee in such review.
F. No employee shall acknowledge that he/she has read such material be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause.
G. Employees are expected to comply with reasonable rules, regulations and directions from time to time adopted by affixing the Board or its representatives which are not inconsistent with the provisions of this Agreement. An employee may reasonably refuse to carry out an order which threatens his/her signature on physical safety or well-being.
H. The Union will use its best efforts to secure correction of unprofessional behavior by an employee, which behavior shall be reported by the copy Board or its representatives to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictionUnion." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 4 contracts
Samples: Support Staff Contract, Support Staff Contract, Support Staff Contract
Personnel Files. An A. A bargaining unit member shall have a right of reasonable inspection of his/her official personnel file provided sufficient time, 24 hours, has been given to notify the Supervisor, Business Manager, or designee that the file is received unless otherwise mutually agreed upon. All materials placed in the employee, 's personnel file are open to his/her review.
B. Personnel files may be examined by any witness or consultant who has written permission from the bargaining unit member or who is accompanied by the bargaining unit member when he/she examines the personnel file. The Superintendent or his/her certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies designee will be present at the time that employee was hired. An employee shall of file examination.
C. The bargaining unit member will be advised of, and entitled notified within three (3) days of any official records being added to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance file. This shall include, but not be limited to evaluations, job descriptions, promotions, derogatory letters or conduct if such statement reprimands.
D. Staff members shall have the opportunity to read any material which concerns job performance, conduct, service, character, or personality before it is to be dated and placed in his/her the member's personnel file. The employee member shall acknowledge that he/she has read such the material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along and a copy shall be given to the member. The signature shall not indicate agreement with the supervisor's signature and content of the signature of material that has been inspected by the member. It is further recommended that where a witness staff member does disagree with the contents that the following be used:
E. If a staff member refuses to sign a dated note to that effect will be attached to the employee's refusal to sign. The employee material and witnessed by a third party.
F. All personnel files are permanently retained by the Board and may file a grievance regarding any such document within not be removed from the prescribed time limits of the grievance procedureoffice. If the employee fails to file a grievance within disputes the designated time limitsaccuracy, the document becomes part relevance, timeliness or completeness of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed information kept in his/her official personnel file except as such file, he/she may be a part of an official permanent record. On request that the face Superintendent review the information in light of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing employee's objection and render his/her personnel file, may request and interpretation of the information. The bargaining unit member shall have the right to add rebuttal on any written warnings or reprimand(s) issued more than two (2) years prior removed from material in his/her personnel file except that he/she deems incorrect or incomplete. No anonymous material shall be kept in an employee's file nor shall they be made a matter of record.
G. Personnel records shall include, but are not limited to:
1. Name, permanent and current address, phone number.
2. Emergency notification information including name, address, home and work phone number.
3. Job description, civil service classification (if applicable).
4. Record of permanent or temporary certification, registration or license, as such applicable.
5. Records of sick leave and vacation.
6. Record of physical examination, current within one year of initial employment, for persons providing direct services to those enrolled in the county board program.
7. Records of in-service training.
8. Personnel action forms.
9. Annual performance evaluations signed by the immediate supervisor, Superintendent, and the employee indicating the employee's awareness of the evaluation. For classified employees the performance evaluation forms used shall be those provided by or approved by the Department of Administrative Services. Other evaluation methods may be a part used in addition to the required form. Performance evaluations on unclassified employees shall be based on the requirements of an official permanent recordthe position.
10. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsPayroll information.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his/her certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled have the right to read, any written statement by view the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature contents of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee except for previous employment data, references, and letters of recommendation, at which time a representative of the Association may be present when requested by the employee. At the employee's request and expense, the employee will receive a copy of any document in the employee's file except for previous employment data, references, and letters of recommendation. The Superintendent shall establish and maintain one (1) personnel file. There shall not be an electronic filing of personnel files. The employee shall have any written warnings issued more than one year prior placed in an envelope and sealed the right to dispute the accuracy, relevance, completeness, or timeliness of information contained in his/her personnel file except file. The Superintendent must make an immediate investigation as such may be a part of an official permanent record. On to the face appropriateness of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent disputed information and immediately notify the employee of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents results of the sealed envelope will investigation and the action to be destroyed shall also appear on taken. If the face of envelope. That date shall be two (2) years from employee is not satisfied with the date of issue results of the documents in investigation, the sealed envelopeemployee may attach a statement to the disputed document. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed the removal of records of disciplinary actions and/or complaints from his/her personnel file except after two (2) years have elapsed since the original placement of the item in the file on the basis that the employee has not exhibited behavior that is the same or similar to that behavior referenced in the record to be considered for removal. The request must be in writing and will be acted on within ten (10) days of receipt by the Superintendent. If review shows that the facts bear out the employee's request, the item will be removed. Records involving work place violence or abuse, discrimination or harassment, or drug or alcohol use shall not be subject to removal as such may set forth above (i.e., they will remain in the personnel file). There will be a part "chain of an official permanent recordcommand" for all Bargaining Unit Members. All departments employing peace officers covered by Such a list shall be in writing, communicated to all support staff, and posted appropriately in designated areas. Neither custodial personnel nor any other Bargaining Unit Member shall be required to maintain, clean, or repair personal property (i.e., furniture, appliances, carpet [except routine sweeping], animals, or plants) of any Columbiana Exempted Village staff member. It shall be the Peace Officers Bill responsibility of Rights building administrators to notify building employees regarding this section of the agreement. The main offices and libraries shall comply with its provisionsnot be used as detention rooms.
Appears in 4 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Personnel Files. 1. A personnel file shall be maintained for each employee in the Superintendent’s office, and such file shall be the only official file for the employee. Said file shall be maintained in accordance with Ohio and federal law. A request for access shall occur within a reasonable time. An employee, or employee may be accompanied by a representative of his/her certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies choice at the time that employee was hiredof a review of the individual’s personnel file.
2. An employee Any material directly related to an employee’s contractual duties placed in the employee’s personnel file shall be advised of, shown to the employee and entitled a copy shall be provided for the employee to read, initial and date as verification of receipt. The employee may write a rebuttal to any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement material which is to be placed in his/her personnel filefile and such rebuttal shall be permanently attached to the material in question.
3. The employee shall acknowledge that he/she has read such have the right to answer any complaint or derogatory material by affixing his/her signature on and have the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness answer attached to the employee's refusal to signfile copy. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document Anonymous letters or information shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhaustedan employee’s file.
4. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation An employee will be referenced on such forms. The employee may attach his/her statement notified within a reasonable time of any request(s) to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in view the contents of his/her personnel file except as such may be a part of an official permanent record. On the face by anyone other than administrators, employees, Board members, or agents of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent Board, unless such review is in conjunction with an investigation of the subject employee by an outside entity.
5. If an employee disputes the accuracy, relevance, timeliness or by subpoena or other legal process from a public body completeness of competent jurisdiction." The date information contained in the contents file, he/she may request the Superintendent to investigate the current status of the sealed envelope will be destroyed information. Within a reasonable time, the Superintendent and/or his designee shall also appear on undertake such investigation and shall notify the face of envelope. That date shall be two (2) years from the date of issue employee of the documents in results of the sealed envelopeinvestigation and the action, if any, the District plans to take with respect to the disputed information. An The Superinten- dent and/or his designee shall expunge any information that he/she cannot verify or that he/she finds to be inaccurate, irrelevant, or untimely.
6. Each employee on reviewing his/her personnel file, may shall have the right to request and have any written warnings or reprimand(s) issued more than two (2) years prior removed removal from his/her personnel file except as such of any material that is at least five (5) years old. If removed, said material shall be placed in a separate file, unless the material is to be destroyed in accordance with the District’s records disposal policy. Materials placed in a separate file may still be a part used by the Board for discipline of an official permanent recordemployee. All departments employing peace officers covered by the Peace Officers Bill of Rights This subsection shall comply with its provisionsnot apply to evaluation forms and attachments.
Appears in 4 contracts
Samples: Master Contract, Master Contract, Master Contract
Personnel Files. An employeeA. Each college shall maintain a personnel file for each faculty member at the College in an office designated by the President of that College. The contents of such file shall be determined by each College and such file may contain, but shall not be limited to, copies of personnel transactions, official correspondence with the faculty member, peer evaluations, student evaluations, and evaluation reports prepared by the College.
B. The College shall send a faculty member a copy of any item or material placed in his/her certified representative with the written consent of the employee, may inspect that employee's personnel file with or it shall send a faculty member a memo advising the exception of all faculty member that an item or material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding has been placed in his/her work performance personnel file and that the item or conduct if such statement is material has been generated by the administration, faculty, a student or students, or by another source. Such copy or memo shall be sent to the faculty member via campus mail or at his/her address of record during the summer. In either event, the faculty member must sign for receipt of the copy or memo and return the signed receipt to the College. Such copy or memo shall be sent to the faculty member within fourteen (14) days of the insertion of the item or material into the file.
C. The part-time faculty member shall have the right to grieve the insertion in his/her personnel file of any item or material which he or she alleges to be placed in factually inaccurate.
D. A faculty member shall have the right to have relevant material added to his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing faculty member is encouraged to check his/her signature on the copy file periodically and to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note keep his/her refusal on file up to date, except for those items that the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to signCollege or others may generate as listed above. The employee may file a grievance regarding any such document within faculty member shall have the prescribed time limits of the grievance procedure. If the employee fails right to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement respond to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as and have such response included in such file and attached to the appropriate document. No anonymous evaluations and/or recommendations may be placed in the faculty member’s personnel file.
E. No persons other than those having a part of an official permanent record. On legitimate institutional interest may have access to a personnel file without the face written permission of the sealed envelope it faculty member. All those having access to the file, for purposes other than routine maintenance, shall read "sign a log, kept in the file, giving name and date of said file. The contents herein personnel file shall be disclosed only upon written consent of available for examination by the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date faculty member who shall be two (2) years entitled to review such file at reasonable hours upon request.
F. The faculty member may make or obtain copies of materials in his/her personnel file after receiving permission from the date appropriate College official or representative. If the person in charge of issue said files does not approve the removal thereof for the purpose of making such copies, such copies shall be made for the documents faculty member at a reasonable charge for the copies. The only written material that the College shall use for evaluation, merit review, promotion, contract renewal, supporting disciplinary action contemplated against a faculty member, or any other personnel action shall be that contained in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his/her certified Union representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. Employees shall normally request such files forty-eight (48) hours in advance of such inspection. An employee shall be advised of, and entitled to readread any statement, any written statement by the employee's supervisor or departmental Management regarding management, on his/her work performance or conduct if such statement is to be placed in filed. No such statement shall be filed before all County appeal rights are exhausted. If such a statement is inadvertently filed before all County appeal rights are exhausted, the employee may request sealing of the applicable portions of his/her personnel filefile by the Civil Service Commission. The request for sealing may be made after a decision on the appeal has been rendered. All such statements on which filing is delayed pending completion of the County appeal process, shall be filed upon the rendering of a decision, if such decision upholds the statement or charges against the employee in whole or, if upheld in part, it shall be filed as amended. The employee shall acknowledge that he/she has read reading such material by affixing his/her signature on the actual copy to be filed, with the understanding that such signature merely signifies that he/she the employee has read the material to be filed but and does not necessarily indicate agreement with its content. If the employee refuses to signinitial, the supervisor shall note his/her will sign, noting the refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedureemployee to initial. If Any employee shall have the employee fails right to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be rebut in writing material placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except and such rebuttal shall be added to such file. Disciplinary action includes a letter of warning, written reprimand, suspension, demotion, or discharge. If the department takes disciplinary action against an employee, the department, upon request of the employee, will furnish the employee a copy of all documents or written statements used by the department as such may a basis for its action. All correspondence of commendation shall be entered as a permanent part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her employee's personnel file, except where they are shown to be frivolous. In that case, they shall be returned to the employee. At the time of conferences, meetings, or hearings held for the purpose of disciplinary action as defined in the paragraph above or which the employee believes may request and result in disciplinary action, the employee shall have any written warnings or reprimand(s) issued more than two (2) years prior the right to representation, including Union representation. Any document that was mistakenly placed in the employee's personnel file shall be removed from his/her the personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill Department of Rights shall comply with its provisionsHuman Resources upon the written request of the employee and the employee's appointing authority.
Appears in 4 contracts
Samples: Memorandum of Agreement, Memorandum of Agreement, Memorandum of Agreement
Personnel Files. An A. The Board agrees to maintain one (1) official personnel file which will be located at the Board of Education office building.
B. All materials placed in the employee’s personnel file after initial employment, or other than confidential letters of reference and any medical documentation, shall be available for inspection by that employee during regular business hours of the Board of Education office.
C. If possible, said file inspection shall take place within one (1) calendar day of the request to the Superintendent/Designee, but no later than five (5) calendar days (excluding Saturdays, Sundays, and holidays) of the request unless mutually extended by the Superintendent/Designee and the employee.
D. Any employee who elects to review material in his/her certified file may be accompanied by a representative with of his/her choice. An employee will be notified about any public record request submitted by a third party (non-supervisory employees or others outside the written consent District) including the name of the person(s) seeking to review the employee’s personnel file. The employee will be notified at least three (3) working days prior to the file review unless the Board is legally obligated to make the file accessible within a shorter timeframe. In that event, the employee will be notified as soon as practicable prior to the file review.
E. All material placed in an employee’s personnel file shall be dated.
F. The initialing and/or signing of any material by the employee, may inspect including any and all observation and evaluation forms, is merely an acknowledgment of having seen the material and does not necessarily indicate agreement or disagreement.
G. No material shall be placed in the employee’s file that employee's comes from an anonymous source.
H. Any adverse material and/or parental complaints shall not become a part of the official personnel file or be used in disciplinary decisions unless shared with the exception of all material obtained from other employers employee and agencies at signed and dated by the time that employee was hiredor, where the employee is not available, the employee will be sent a copy by certified mail to the employee’s home address. An Unless the employee is not available, such materials/complaints will be verbally discussed with the employee before being placed in the employee’s official personnel file.
I. Each employee shall be advised of, provided with copies of any adverse materials within ten (10) calendar days after receipt and entitled to read, any written statement by before placement in the file. Any adverse materials shall be placed in the employee's supervisor or departmental Management regarding his/her work performance or conduct if ’s file within fifteen (15) working days of receipt. The employee shall have the opportunity to reply in writing to the adverse material within ten (10) days after receipt of a copy of such statement is to material and the reply shall be placed in his/her file along with the adverse material. Any adverse material, other than those related to situations involving students, shall be removed after seven (7) years at the employee’s request if the actions or behaviors noted in the adverse material have not recurred within the seven (7) year period. Any adverse materials related to interactions or conduct with students will remain in the employee’s personnel file. The employee shall acknowledge Unsubstantiated complaints will be in a separate investigative file.
J. In addition to the one official personnel file located at the Board of Education office building, a building administrator and/or supervisor may maintain a working file that he/she has read such material by affixing his/her signature on the copy contains documentation relevant to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its contentan employee’s performance. If By June 30th of each school year in which the employee refuses to signis formally evaluated, the supervisor shall note his/her refusal on information contained in the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may working file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not will either be placed in the official personnel file nor referenced in any Performance Evaluation or Appraisal expunged. This does not preclude a building administrator and/or supervisor from maintaining an extra copy of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used documents placed in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her employee’s official personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his/her certified representative with 10.1 A District personnel file shall be maintained in the written consent Personnel Office for every bargaining unit member of the employee, may inspect that employee's personnel District. These files are the property of the District.
10.2 All materials made a part of the file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised ofdated for date of incident, and entitled to readdate of origin or composition, any written statement as well as the date material is received for the personnel file. Such material shall also be signed by the employee's supervisor originator of the material.
10.3 No reports or departmental Management regarding his/her work performance or conduct if such statement material of any kind relating to matters which were reported more than thirty (30) calendar days prior to their being called to the attention of the bargaining unit member shall be included in the file; neither may they be used in any proceeding against the bargaining unit member.
10.4 Material in personnel files of bargaining unit members, which may serve as a basis for affecting the status of employment is to be placed in his/her personnel filemade available upon request for the inspection of the affected bargaining unit member. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read bargaining unit member may not inspect the material obtained prior to be filed but does not necessarily indicate agreement employment, material prepared by identifiable examination committee members, or material obtained in connection with its content. If the employee refuses to signa promotional examination.
10.5 Except as stipulated in Section 10.4 above, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature information of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document derogatory nature shall not be placed entered or filed in any personnel record unless and until the bargaining unit members are given notice and opportunities to preview and comment on the material. Bargaining unit members shall have the right to enter, and have attached to any derogatory statements, comments with regard to the information for inclusion in a file. A review shall take place during normal business hours and bargaining unit members shall be released from duty for this purpose without salary deduction. In no case shall release from duty interfere with the regular instructional program. In addition, bargaining unit members must be informed specifically through written communication by the supervisors or persons initiating the placement of derogatory material in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees following: (1) the date that no properly used full paid sick leave used the material was sent for inclusion in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.; and
Appears in 3 contracts
Samples: Master Contract, Master Contract, Master Contract
Personnel Files. An employee, or his/her certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her his signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall would not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her his personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her his personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "read, “The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." ” The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on On reviewing his/her personnel file, an employee may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered Upon adoption of this Memorandum of Understanding by the Peace Officers Bill Board of Rights shall comply with its provisionsSupervisors, an employee in reviewing his/her personnel file may request and have any written reprimands issued more than two years prior removed from his/her personnel file, except as such may be a part of an official permanent record.
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Personnel Files. An A. Any material, except as specifically excluded herein, relative to an employee's employment relationship, shall be contained in the employee's personnel file.
B. Material in personnel files of employees which may serve as a basis for affecting the status of their employment shall be made available by the District for inspection by the employee or by a representative designated, in writing, by the employee. Such materials are not to include ratings, reports or records which (1) were obtained prior to the employment of the person involved, (2) were prepared by identifiable examination committee members, or his/her certified (3) were obtained in connection with a promotional examination.
1. Every employee or designated representative with shall have the written consent right to inspect material, except as excluded above, in the personnel files upon request, provided that the request and inspection is made at the time when such employee is not actually required to render service to the Employer.
2. Information of a derogatory nature, except as expressly excluded in paragraph B of this Article, shall not be entered or filed unless and until the employee is given notice of such filing and an opportunity to review and comment thereon. An employee shall have the right to enter, and have attached to any such derogatory statement, the employee, may inspect that 's comments thereon. Such review shall take place during normal business hours. The employee shall be released from duty for this purpose without salary deduction.
3. The District shall not take any adverse action against an employee based upon material which is contained in the employee's personnel file with unless the exception material is placed in the file within a reasonable time after the incident giving rise to the development of all such material obtained from other employers and agencies unless the employee is notified at the such time that employee was hired. An employee such materials are being placed in the file.
C. Material placed in the personnel files of employees shall be advised ofkept in the strictest confidence. The District shall provide a form, to be included in each file, indicating by whom and entitled to readon what date the file was inspected.
D. Complaints against employees will be handled as follows:
1. Complaints by students, any written statement by the employee's supervisor parents, teachers or departmental Management regarding his/her work performance or conduct if such statement is to citizens that are in writing may not be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If files unless the employee refuses to sign, has been given written notice of the supervisor shall note his/her refusal on complaint within either nine months after the copy to be filed along with the supervisor's signature and the signature of a witness event that gave rise to the employee's refusal complaint or 30 days after the last day of the school year in which the event occurred, whichever is later. There shall be no time limitation in matters relating to signallegations of child abuse, sexual harassment or criminal conduct.
2. The employee may file request a grievance regarding any such document conference with the complainant(s) within 10 workdays following written notice to the prescribed time limits employee of the grievance procedurecomplaint. If The Administration will notify the employee fails to file complainant, in writing, that a grievance within the designated time limits, the document becomes part meeting is requested and will send a copy of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject notice to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such formsemployee. The employee may attach his/her statement respond orally or in writing within 10 workdays to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such documentaccusation. On reviewing his/her personnel file, an The employee may request and have any written warnings issued more than one year prior placed be represented at all meetings by an Association representative.
3. If the District violates the provisions of preceding paragraph, it may not place derogatory information in an envelope and sealed in his/her the employee's personnel file except regarding the complaint, unless the failure to comply is excused for good cause. Nothing in this section shall prevent the District from making use of material not included in a personnel file for disciplinary actions, in the District's defense in civil actions, or to assist law enforcement in criminal actions.
4. Upon written request to the Superintendent, complaints or charges that have been withdrawn or have been proved to be false or unsubstantiated shall be removed from the personnel file as such may authorized by law.
E. There will be a part of an official permanent recordsingle personnel file for each employee. On An employee's personnel file will be kept in the face central administrative office of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictionDistrict." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employeeA. A personnel file of each member of the bargaining unit may be maintained by the Principal of the location in which that member teaches. This file shall include but not be limited to copies of complaints against that bargaining unit member, all material kept by the principal for use in preparing evaluations of that member and related supervisory materials. The Principal shall forward copies of all official evaluations, complaints and disciplinary records and any other materials used in employment decisions for inclusion in the permanent personnel file maintained in the Board’s administrative offices, not later than thirty (30) working days after the event or action giving rise to the document. This file shall contain but not be limited to payroll records, official transcripts, copies of evaluations, certification information, job applications, copies of conference reports, record of employment, and other necessary administrative materials, and also material forwarded from the Principal’s personnel file on that member. Copies of the contracts of employment shall be available upon request.
B. Any personnel action including discipline of a bargaining unit member shall be based only upon material contained or reflected in the permanent personnel file in the Board office.
1. These files shall be kept confidential to the extent permitted by law. A copy of all materials placed in the permanent personnel file shall be sent to the member upon placement. Bargaining unit members may duplicate any item in their files at the rate of ten cents (10 cents) per sheet. IF anyone requests to view a member’s personnel file, the member will be notified of such request.
2. The date and name of the person placing material in the permanent personnel shall be included on the document.
C. Individual bargaining unit members shall have access to their personnel files upon request to the Principal or to the Superintendent at a time that is mutually convenient, but not less than three (3) working days and does not interfere with the bargaining unit member’s regularly assigned duties. The bargaining unit member may be accompanied by another individual of his/her certified representative with choice. The administration may also, if it so elects, exercise its equal right to representation at this time.
D. Those authorized to use files of members shall be limited to the written consent Superintendent, Administrative Assistant, members of the employeeBoard of Education, may inspect that employee's Treasurer of the Board, Principals or Supervisors directly responsible in directing the bargaining unit member, or the secretaries or assistants of the above authorized individuals. The Board will comply with 149.43 of the Ohio Revised Code.
1. If anyone other than authorized school personnel file with or Board members request to see a bargaining unit member’s personnel file, the exception of all material obtained from other employers member shall be notified and agencies shall have the right to be present at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding viewing of his/her work performance file so long as the member exercises his/her right within forty-eight (48) hours of notification being sent to the member, except in response to process of law. The Board of Education will comply with 149.43 of the Ohio Revised Code.
E. Bargaining unit members may challenge the timeliness, relevancy, accuracy, or conduct if such statement is to completeness of an item in their personnel file in accordance with the provisions of ORC Section 1347.09.
F. No anonymous materials may be placed in his/her a member’s personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits name of the grievance procedure. If person making the employee fails to file a grievance within the designated time limits, the document becomes part entry and author of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein complaint shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictionincluded." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. 1. An employee, upon written request to or after prior arrangement with the State Bureau of Human Resources, or the appropriate official at his/her certified representative with work location or in his/her agency, shall be permitted to review his/her personnel files. Such review shall take place during normal office hours and shall be conducted under the written consent supervision of the employee, appropriate records custodian or agency representative. An employee may inspect that employee's review his/her personnel file with files at reasonable times during his/her regular work hours if such review does not require travel out of the exception of all material obtained from other employers and agencies at the time that employee was hirednormal work area. An employee shall be advised ofallowed to place in such file a response of reasonable length to anything contained therein which the employee deems to be adverse.
2. An employee's personnel file shall include, but not be limited to, all memoranda and entitled documents relating to readsuch employee which contain commendations, any written statement by employee performance appraisals or ratings and records of training programs completed.
3. In addition to the employee's supervisor or departmental Management regarding ’s right to view his/her work performance or conduct if such statement is file as set forth above, the employee shall have the right to be placed receive copies of materials included in his/her file as set forth below:
a. an employee may request, in writing, a copy of his/her entire personnel file no more than once in any twelve month period, at no cost to the employee;
b. an employee may request, in writing, a copy of all the material added to the personnel file after the copy of the entire file was provided;
c. an employee may request a copy of specifically identified documents in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on files;
d. if a document, other than routine processing documents, is added to the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If personnel file for an action of which the employee refuses to signis not reasonably aware, the supervisor shall note his/her refusal on the employee will either be notified or receive a copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance proceduredocument; and
e. requested documents may be provided in paper copy or electronically at the discretion of management.
4. If the employee fails to file a grievance within the designated time limitsUpon request of an employee, the document becomes part records of the official file. If the employee does file a grievance within the designated time limitsreprimands, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein preventable accident reports shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process removed from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two personnel files after three (23) years from the date of issue the occurrence provided that the employee has had no further disciplinary action since that date. Upon request of an employee, records of suspensions and disciplinary demotions shall be removed from personnel files after five (5) years from the date of the documents in occurrence provided that the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionshas had no further disciplinary action since that date.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. Paraprofessional files shall be maintained under the following conditions in accordance with MGL Chapter 149 Section 52C. MA Law xxxxx://xxxxxxxxxxxxx.xxx/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section52C An employee, or his/her certified representative with the written consent employer shall notify an employee within 10 days of the employee, may inspect that employer placing in the employee's personnel file record any information to the extent that the information is, has been used or may be used, to negatively affect the employee's qualification for employment, promotion, transfer, additional compensation or the possibility that the employee will be subject to disciplinary action. An employer receiving a written request from an employee shall provide the employee with the exception an opportunity to review such employee's personnel record within 5 business days of all material obtained from other employers and agencies such request. The review shall take place at the time that employee was hiredplace of employment and during normal business hours. An employee shall be advised of, and entitled to read, any written statement by given a copy of the employee's supervisor or departmental Management regarding his/her work performance or conduct if personnel record within 5 business days of submission of a written request for such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to the employer. An employer shall not be filed, with the understanding that such signature merely signifies that he/she has read the material required to be filed but does not necessarily indicate agreement with its content. If the allow an employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to review the employee's refusal personnel record on more than 2 separate occasions in a calendar year; provided, however, that the notification and review caused by the placing of negative information in the personnel record shall not be deemed to signbe 1 of the 2 annually permitted reviews. If there is a disagreement with any information contained in a personnel record, removal or correction of such information may be mutually agreed upon by the employer and the employee. If an agreement is not reached, the employee may submit a written statement explaining the employee's position which shall thereupon be contained therein and shall become a part of such employee's personnel record. The employee may file statement shall be included when said information is transmitted to a grievance regarding any such document within third party as long as the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes original information is retained as part of the official file. If an employer places in a personnel record any information which such employer knew or should have known to be false, then the employee does file shall have remedy through the collective bargaining agreement, other personnel procedures or judicial process to have such information expunged. The provisions of this section shall not prohibit the removal of information contained in a grievance within personnel record upon mutual agreement of the designated time limits, said document employer and employee for any reason. Official grievances shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her individual's personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as nor shall such may be a grievance become part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee any other file or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents record which is utilized in the sealed envelope. An employee on reviewing his/her personnel filepromotion process, may request and have nor shall it be used in any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsrecommendation for job placement.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee15.1 All material held by the Employer pertaining to each Employee shall be included in the Employee’s individual personnel file, or and each Employee shall be given a copy of any additions made to his/her certified representative file in a timely fashion. A list of contents shall be kept in each personnel file, which will be updated with each addition.
15.2 Each Employee and, with the Employee’s written consent of the employeeconsent, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is agent shall have access to be placed in his/her personnel file. The employee files shall acknowledge continue to be stored in the main CUASA Office.
15.3 The Employer agrees not to use in any grievance or arbitration proceeding any record or document of which the Employee has not been made aware prior to the commencement of such proceeding unless such record or document could not have been made available to the Employer upon the exercise of reasonable diligence and provided that he/she has read such material by affixing the Employee may in any event consent to the use of any relevant record or document.
15.4 Subject to Articles 15.2 and 15.5, an Employee’s personnel file shall not be revealed to anyone other than the President, or his/her signature on sole designate. Prior written notice shall be given to the copy to Employee whose file has been requested specifying who will be filedconsulting the file.
15.5 In accordance with Article 27.3, when dealing with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to signmatters of discipline, the supervisor Staff Relations Committee shall note have access to the Employee’s disciplinary record, the most recent annual report, and the President’s response to the most recent annual report, if any. Otherwise, the Staff Relations Committee shall not have access to any part of the personnel file. Prior written notice shall be given to the Employee whose file has been requested specifying who will be consulting the file.
15.6 An Employee shall have the right to add any comment to any element(s) of his/her refusal on file up to thirty (30) days following notification that the copy to item has been included in the file.
15.7 No anonymous material shall be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to signcontained in an Employee’s file or used in any procedure under this Agreement. The employee may file a grievance regarding use of any such document within anonymous material in any procedure in violation of this Article shall at the prescribed time limits discretion of the grievance procedure. If the employee fails Employee involved be sufficient, to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictioninvalidate those procedures." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Personnel Files. An employee, or his/her certified representative with the written consent of the employee, may inspect that employee's 1. The personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An each employee shall be advised of, maintained at the Board of Education's administration office. Principals and entitled district office administrators who have supervisory responsibilities for members may maintain anecdotal notes on individual members. Said anecdotal notes may not be used in a member’s disciplinary hearing nor entered into a member’s official personnel file unless the member has been made aware of the contents of anecdotal notes at least forty-eight (48) hours in advance of the disciplinary hearing or the addition of such items to read, the official personnel file. All rights as provided for in this provision shall apply to anecdotal notes as well as other recorded information.
2. Employees shall be provided with copies of any written statement by material before it is placed in the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read be given an opportunity to prepare a written response to such material. The written response shall be attached to the material.
3. All personnel files shall be kept in confidence and shall be available for inspection only to other employees of the Board of Education when actually necessary in the proper administration of the Board's affairs or the supervision of the employee, except as provided by the Ohio Public Records Law.
4. Any person who places written material by affixing his/her signature on in an employee's file shall sign the copy to material. Any written materials placed in a personnel file shall indicate the date of such placement.
5. Upon request, all derogatory materials shall be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to removed from the employee's refusal personnel file after remaining in the file for a period of five (5) years except that derogatory materials more than five (5) years old shall remain in the file if there has been a recurrence of the type of behavior to sign. The employee may file a grievance regarding any such document which the derogatory material relates within the prescribed time limits of preceding five (5) years. Sexual harassment, similar conduct or inappropriate relationships/communications with students shall remain as a permanent document in the grievance procedure. If the employee fails to employee’s file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document and shall not be placed in the official removed upon request. No derogatory materials removed from an employee’s personnel file nor referenced under this section shall be used in any Performance Evaluation disciplinary action against the employee. Removed materials shall be kept or Appraisal of Promotability until destroyed in accordance with the grievance procedure or civil service appeal rights have been exhaustedOhio Public records Law. Grievances filed under this provision shall This paragraph does not apply to evaluations. This paragraph would be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior effect for all derogatory materials placed in an envelope and sealed employee’s file after June 30, 2012. All prior derogatory materials placed in his/her personnel an employee’s file except as such may be a part of an official permanent record. On to this date will remain in the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two file for three (23) years from the date of issue of the documents as stated in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsagreement.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An 93. 1. Only one (1) official personnel file shall be maintained on any single employee, or . The official file shall be located in the Department's personnel office unless another location is designated and the employee notified in writing. Each employee shall have the right to review the contents of his/her official personnel file upon request. Nothing may be removed from the file by the employee but copies of the contents shall be provided to the employee at his/her request. Copies in excess of 100 pages shall be at a charge of ten (10) cents per page.
94. 2. An employee shall have the opportunity to review, sign and date any and all material to be included in the file. The employee may also attach a response to such materials within thirty (30) days of receipt. All material in the file must be signed and dated by the author, except for routine payroll and personnel administration documents. The City may transmit documents to the employee at the employee's last known address by means of U.S. mail or hand delivery, except disciplinary notification which must be sent by certified representative with mail when the employee is on leave.
95. 3. With the written consent permission of the employee, a representative of the Union may inspect that review the employee's ’s personnel file with when in the exception presence of all a departmental representative and obtain copies of the contents upon request.
96. 4. With the approval of the Appointing Officer or designee, the employee may include material obtained from other employers and agencies at relevant to his/her performance of assigned duties in the time that file.
97. 5. Upon request of an employee was hired. An employee shall be advised ofsubject to the approval of the Appointing Officer or designee, and entitled material relating to read, any written statement by disciplinary action in the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she file which has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed been in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued for more than two (2) years prior removed from his/her personnel file except as such may be “sealed” (i.e. shall remain confidential) to the maximum extent legally permissible, provided the employee has had no subsequent disciplinary action since the date of such prior action. The envelope containing the sealed documents will be retained in the employee's personnel file, to be opened only for purpose of assisting the City in defending itself in legal or administrative proceedings. In no event will the sealed material be used for disciplinary proceedings against the individual in whose file the document (s) have been sealed. Performance evaluations are excluded from this provision.
98. 6. The above provision shall not apply in the case of employees disciplined due to misappropriation of public funds or property; misuse or destruction of public property; misconduct stemming from drug or alcohol abuse; mistreatment of persons (except mere verbal altercations not involving discrimination or threats of violence); acts which would constitute a part of felony or misdemeanor involving moral turpitude; and/or acts which present an official permanent record. All departments employing peace officers covered by immediate danger to the Peace Officers Bill of Rights shall comply with its provisionspublic health and safety.
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Personnel Files. An employeeThe official personnel file for each faculty member shall be maintained by the District, or his/her certified representative and that file shall be located at the District headquarters. This paragraph, however, shall not preclude the maintenance of operational files of faculty by their respective unit administrators and all lawful payroll records by the business office. The operational files shall not contain faculty medical information and shall not be used to initiate disciplinary proceedings. Only the Employee Services office staff, the individual faculty member, the immediate unit administrator, the appropriate vice president, the college president, and the District Chancellor shall have access to the file. All parties having access to the file shall exercise great care to protect the confidentiality of materials in the file. Faculty may review the contents of their own personnel file by appointment with the written consent District Employee Services office. Upon the faculty member's request, a representative of the employee, AFT may inspect that employee's personnel be present when the file with the exception of all material obtained from other employers and agencies at the time that employee was hiredis being reviewed. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee Information may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official personnel file nor referenced only after a copy has been provided to the faculty member and only after opportunity of at least one (1) calendar week has been provided to sign and date the material and to attach any written response or other documents related to the information in any Performance Evaluation question. The faculty member's signature shall be deemed only an acknowledgment that he or Appraisal of Promotability until she has seen the grievance procedure or civil service appeal rights have material and has been exhaustedprovided such opportunity to respond. Grievances filed under this provision The signature shall not be subject to signify that the Arbitration provisions faculty member necessarily agrees with the content of the Grievance Procedure unless they involve violation material. Placement of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used information in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may must be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two made within thirty (230) years calendar days from the date of issue of that the documents faculty was given the opportunity to sign. Except in extraordinary, emergency situations, no action may be taken against a faculty member unless such action is based on materials that have been placed properly in the sealed envelope. An employee on reviewing his/her personnel file. Faculty shall be given a copy of any employment notice (ENSRC) affecting their employment status. At any time upon mutual agreement between the District and the faculty member, may request and have any written warnings or reprimand(s) issued more than two (2) years prior document will be removed immediately from his/her the District personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsfile.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An A. The Board agrees to maintain one (1) official personnel file which will be located at the Board of Education office building or available electronically.
B. All materials placed in the employee’s personnel file after initial employment, other than confidential letters of reference and any medical documentation, shall be available for inspection by that employee during regular business hours of the Board of Education office if in paper form, or his/her certified representative with the written consent available electronically.
C. If possible, said file inspection shall take place within one (1) calendar day of the employeerequest to the Superintendent/Designee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised ofbut no later than five (5) calendar days (excluding Saturdays, Sundays, and entitled to read, any written statement holidays) of the request unless mutually extended by the Superintendent/Designee and the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is .
D. Any employee who elects to be placed review material in his/her file may be accompanied by a representative of his/her choice. An employee will be notified about any public record request submitted by a third party (non-supervisory employees or others outside the District) including the name of the person(s) seeking to review the employee’s personnel file. The employee will be notified at least three (3) working days prior to the file review unless the Board is legally obligated to make the file accessible within a shorter timeframe. In that event, the employee will be notified as soon as practicable prior to the file review.
E. All material placed in an employee’s personnel file shall acknowledge that he/she has read such be dated.
F. The initialing and/or signing of any material by affixing his/her signature on the copy to be filedemployee, with the understanding that such signature including any and all observation and evaluation forms, is merely signifies that he/she has read an acknowledgment of having seen the material to be filed but and does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor or disagreement.
G. No material shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to placed in the employee's refusal to sign. The employee may ’s file that comes from an anonymous source.
H. Any adverse material and/or parental complaints shall not become a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If personnel file or be used in disciplinary decisions unless shared with the employee does file and signed and dated by the employee or, where the employee is not available, the employee will be sent a grievance within copy by certified mail to the designated time limitsemployee’s home address. Unless the employee is not available, said document shall not such materials/complaints will be verbally discussed with the employee before being placed in the employee’s official file nor referenced in personnel file.
I. Each employee shall be provided with copies of any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or adverse materials within ten (10) business calendar days following final determination if he/she has filed a grievance regarding such documentafter receipt and before placement in the file. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior Any adverse materials shall be placed in an envelope and sealed the employee’s file within fifteen (15) working days of receipt. The employee shall have the opportunity to reply in his/her personnel file except as such may be a part of an official permanent record. On writing to the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.adverse material within ten
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee10.1 There shall be one (1) official personnel file for each unit member maintained in the Office of Human Resources.
10.2 Per Education Code section 87031(b)(3), materials in the personnel file shall not include ratings, reports, or his/her certified representative records which:
(a) were obtained prior to the unit members’ employment;
(b) were prepared by identifiable examination committee members;
(c) were obtained in connection with a promotion.
10.3 No adverse action shall be taken against a unit member based upon written material which is not contained within the written consent official personnel file unless otherwise allowed by law.
10.4 Materials of a derogatory nature shall not be filed in the employee, may inspect that employee's ’s personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If until the employee refuses has been given a ten-day opportunity to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature review and the signature of a witness to the employee's refusal to signcomment thereon. The employee may have the written comment attached to the derogatory material. The employee will be released from duty to review such materials.
10.5 Materials in a unit member’s personnel file a grievance regarding any such document within shall be made available to the prescribed time limits unit member for inspection during the employee’s work hours without adversely affecting the work of the grievance procedureDistrict. If Upon the employee fails to file a grievance within the designated time limits, the document becomes part written authorization of the official fileunit member, materials in the employee’s personnel file will be made available to designated representatives. If The employee will indemnify and hold harmless the employee does file District from any and all claims, demands, suits, or any actions arising from such access or review.
10.6 A unit member may be asked to sign a grievance within the designated time limits, said document shall not be copy of material being placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be but the signature only indicates that the unit member has received a part of an official permanent record. On the face copy of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date material and does not mean agreement with the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date materials.
10.7 No disciplinary action shall be two (2) years from taken for any cause which arose prior to the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel fileunit member’s becoming permanent, may request and have nor for any written warnings or reprimand(s) issued cause which arose more than two (2) years prior removed from his/her preceding the date of the filing of the notice of cause unless such cause was concealed or not disclosed by such unit member when it could be reasonably assumed that the unit member should have disclosed the facts to the District.
10.8 It is recognized that all personnel file except as files are confidential and all efforts should be made to have such may be files stored and/or maintained in a part of an official permanent recordmanner which provides for such confidentiality. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsOfficial personnel files, to insure confidentiality, are available for review only to authorized District personnel, and other persons having a legal right to review.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An Employees or former employees shall upon request have the right to inspect all contents of their complete personnel file kept within the District as well as employment references leaving the District providing that the term “employment references” does not include confidential letters of recommendation specifically requested by an employee or former employee of the District. Upon request, a copy of any documents contained therein shall be afforded to the employee at District expense. No secret, alternate, or other official personnel file shall be kept anywhere in the District. It is understood that a principal may keep a working file for evaluation purposes. This file can be viewed at the employee’s request and will be purged at the end of each year. A separate file for processed grievances shall be kept apart from the employee's personnel file. Anyone, at the employee's request, may be present in this review. Any derogatory material not shown to an employee within five (5) days after receipt or composition shall not be allowed as evidence in any grievance or in any disciplinary action against such employee. No evaluation, correspondence, or other material making derogatory reference to an employee's competence, character, or manner shall be kept or placed in the personnel file without the employee's knowledge and exclusive right to attach his/her own written comments. All information forming the basis for any reprimand, warning, discipline, or adverse effect, shall be limited to matters and events occurring during the previous three years. Such information three (3) years old or older shall be expunged from the file at the written request of the employee, provided that no similar incidents occur during this time period. Upon request by the employee, the Superintendent or his/her certified representative with the written consent of official designee shall sign an inventory sheet prepared by the employee, may inspect that employee's to verify contents of the personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hiredof inspection by said employee. An employee All inspections of files shall be advised ofby appointment only, and entitled to read, any written statement shall be supervised by District personnel at the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits convenience of the grievance procedureSuperintendent or his designee. If the employee fails Access to a person's file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed unreasonably withheld and in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation case will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued withheld for more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictionthree (3) days." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employeeNo information reflecting critically upon an employee shall be placed in the personnel file of the employee that does not bear either the signature or initials of the employee indicating that he/she has been shown the material, or his/her certified representative a statement by a supervisor that the employee has been shown the material and refused to sign it. A copy of any such material shall be furnished to the employee.
Subsection 1. One personnel file shall be maintained for each employee in the Federation. An individual employee's attendance records may be maintained separately from the personnel file and may be reviewed by the employee upon request.
Subsection 2. Employees who separate their service will be furnished, upon request, a letter stating their classification and length of service.
Subsection 3. Letters of caution, warning, reprimand, or suspension are considered temporary contents of the personnel file of an employee and shall be removed no later than 12 months after they have been placed in the file unless such items are applicable to pending legal or quasi-legal proceedings. Once the 12-month period has passed, such documents will be removed at the employee's written request. Documents left in the file after the 12-month period may not be used in subsequent disciplinary proceedings. The letters of discipline referenced in this Section may be retained by the Employer in files other than the employee personnel file only for the purpose of evidence in subsequent legal proceedings that the Employer may be party to when such are filed within the applicable statute of limitations.
Subsection 4. Material contained in the personnel file of an employee which does not conform with the written consent provisions of this section will not be used by the Employer in any subsequent evaluation or disciplinary proceeding involving the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired.
Subsection 5. An employee that believes material in their personnel file is incorrect shall be advised ofhave the right to appeal for its removal through the grievance procedure. The employee must request in writing to have information removed.
Subsection 6. Upon request, an employee may review and entitled to read, obtain a copy of any document in his or her personnel file. A Federation Representative may also review and obtain a copy of any document in an employees’ personnel file provided they have written statement authorization by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is . An employee may respond in writing to be any written material placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to signwhich response may, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to at the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limitsoption, the document becomes become part of the official said file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. A. An employeeemployee shall, or hisupon request during normal business hours, be permitted to examine her/her certified representative his personnel file; provided, however, that any letters of recommendation solicited in connection with the written consent of the employee, may inspect her/his initial employment shall not be available to that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she have the right to reproduce any document in the employee’s personnel file.
B. An employee and Union President shall be given a copy of any material if it is to be used in connection with a grievance or a personnel hearing.
C. No derogatory material shall be placed in the employee’s personnel file unless the employee has an opportunity to read the material and an opportunity to sign and date the material indicating the employee has read such material by affixing his/her signature on the copy to be filed, with the understanding that such material. Such signature merely signifies that he/she the employee has read the material to be filed but and does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor contents.
D. No anonymous material shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the employee’s personnel file. Materials shown to be false or unsubstantiated shall be removed from the employee’s personnel file. The Personnel Office shall be responsible for notifying in writing any persons or organization to which it may have forwarded false information.
E. A designated member of the Association, having written authorization from the employee concerned and in the presence of a representative of the Community College Administration, may examine the official personnel file of that employee if the examination relates to a filed grievance, a grievance in preparation, or written charge(s) preferred against the employee of the Community College.
F. There shall be only one (1) official file nor referenced kept in the College Personnel Office. The College Personnel Office shall make files available at other campuses of the College for review by employees who so request them. Such files shall be made available by appointment.
G. The employee shall have the right to answer any Performance Evaluation or Appraisal of Promotability until material filed, and the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision employee’s answer shall not be subject attached to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used copy in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach hisher/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her his personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his/her certified representative with The personnel files of each bargaining unit member shall be maintained in the written consent of District's Human Resources Office. Said files will include but not be limited to the employee, may inspect that employee's personnel file with the exception following documents:
1. copies of all material obtained from other employers and agencies at the time documents that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes were generated as part of the official fileunit member’s tenure review process;
2. If copies of all peer or administrative employment reviews;
3. notices of employment, extra duty contracts, overload contracts, etc.;
4. copies of transcripts, degrees, certificates, or other proofs of educational attainment;
5. copies of any grievance proceedings by the member;
6. copies of any disciplinary actions or proceedings against the member;
7. copies of any complaints of misconduct, harassment, or sexual harassment against the member made by another employee does or student;
8. copies of any and all documents pertaining to the member’s employment that are required by law or statute. Information shall be placed into a unit member’s personnel file only as a grievance within result of valid employment related activities including but not limited to the designated time limitshiring process, said document contract generation and maintenance, tenure review, faculty evaluations, or grievance, complaint or disciplinary proceedings conducted according to the procedures enumerated in this agreement. Information of a derogatory nature shall not be placed in the official unit member's personnel file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure member has been sent a copy of the material to be entered into the file accompanied by a written notice of intent declaring that the material will be placed in the member's personnel file and only as part of grievance, complaint or civil service appeal rights disciplinary proceedings conducted according to the procedures enumerated in this agreement. The unit member has the right to respond in writing to the information of a derogatory nature. The member's response shall be attached to the derogatory material in question and shall become a part of the member's file. Members of the unit shall have the right to inspect materials in their personnel files upon request, at any off-duty time when the District's Human Resources Office is open. The District will provide to the unit member copies of the materials in his/her personnel files within five (5) working days of a written request. Upon the written request of the unit member, the District agrees to remove and destroy any materials of a derogatory nature which have remained in the file for five (5) years, provided that there have been exhaustedno documented actions of a similar nature to the original complaint in that five-year period, and/or provided that no legal or disciplinary actions resulted from the original complaint that would necessitate the retention of the records. Grievances filed under this provision Any information or material which evolves from the evaluation process and which is considered to be derogatory shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictionremoval." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his/her his certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her his work performance or conduct if such statement is to be placed in his/her his personnel file. The employee shall acknowledge that he/she he has read such material by affixing his/her his signature on the copy to be filed, with the understanding that such signature merely signifies that he/she he has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her his refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall would not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration arbitration provisions of the Grievance Procedure grievance procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her his personnel file, an employee may request and have any written warnings issued more than one year two years prior placed in an envelope and sealed in his/her removed from his personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 3 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding, Memorandum of Understanding
Personnel Files. An employee, or A. A Bargaining Unit Member shall have the right to review the contents of his/her certified personnel file and other formal records which pertain to him/her, excluding initial references and supervisor notes prior to the completion of an administrative investigation as covered under Article 2.3 E. and to have an Association representative with present at such review.
B. No material originating after the written consent of the employee, may inspect that employeeinitial employment shall be placed in a Bargaining Unit Member's personnel file with record unless he/she has had an opportunity to review said material. The Bargaining Unit Member may submit a written notation regarding any material and the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee same shall be advised of, and entitled attached to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement material in question. If a Bargaining Unit Member is requested to sign material to be placed in his/her personnel file. The employee , such signature thereon shall acknowledge that he/she has read such material by affixing be understood to indicate his/her awareness of the material but, in no instance, shall said signature on the copy be interpreted to be filed, mean agreement with the understanding material's content.
C. Any formal complaint of a serious nature against a Bargaining Unit Member by a parent, student or other person will be called to the attention of the employee consistent with Article 2.3 E. No such complaint will be included in the employee's personnel file or used in any disciplinary action unless and until the employee has been informed of the complaint and the identity of the complainant is made known to the employee. It is understood that such signature merely signifies that he/she information shall be provided for the express purpose of enabling the employee to investigate, answer or defend such charges. Complaints shall not be incorporated into the member's evaluation unless the member has read been informed of the complaint. If the material to be filed but does not necessarily indicate agreement with its content. If placed in the employee refuses to signfile is illegal or in error, the supervisor material will be corrected or expunged from the file, whichever is appropriate. When a Bargaining Unit Member is requested to sign material placed in the file, such signature shall note be understood to indicate his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits awareness of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document material but shall not be placed interpreted to mean agreement with the content of the material. For purposes of this section "Complainant" shall be defined as a person who will be regarded by the Board as the primary source for the allegation(s) against the Bargaining Unit Member.
D. In the event that a Freedom of Information Act (FOIA) request for information contained in a Bargaining Unit Member’s personnel file is received, the official file nor referenced in any Performance Evaluation or Appraisal Administration shall promptly inform the member of Promotability until the grievance procedure or civil service appeal rights have been exhaustedrequest and shall take the maximum time allowed by law to respond to the request. Grievances filed under The intent of this provision shall not be subject is to allow the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior member sufficient time as allowed by law to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach protect his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing interests and privacy through legal action of his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictioninitiation." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his/her certified representative with the written consent of the employee, may inspect that employee's The personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An each employee shall be advised ofmaintained at the Division of Human Resources/Labor Relations.
A. The person or persons who draft and/or place material relevant to the assessment of performance in an employee’s personnel file shall sign the material and signify the date on which such material was drafted and placed in the file.
B. Access to personnel files shall be limited to the members of management on a regular need-to-know basis. Board of Education members may request the review of an employee’s file at a personnel session of the Board of Education or the Board may designate an individual Board member(s) to examine personnel files. The contents of all personnel files shall be kept in the strictest confidence. This paragraph shall not apply in the event all or a portion of the personnel files are necessary for preparation, and entitled to reador as evidence, in an administrative or judicial proceeding.
C. A union Internal Worksite Organizer/union xxxxxxx may be present as an observer at any written statement by promotion panel, if coordinated in advance with the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is District.
D. In the event derogatory charges against an employee are proven to be placed in his/her without substance by any official or body having final judicial authority on the question of such charges, the material shall be expunged from the personnel file.
E. Information of a derogatory nature shall not be entered of filed unless and until the employee is given notice and an opportunity to review and comment thereon. This shall include evaluations, competency review forms, memos, quality control reports, or any other material considered to be of derogatory nature. The employee shall be obligated to attend a conference called for such purpose by an administrator having line authority over such employee. The employee shall have the right to representation during such conference. The employee shall acknowledge that he/she has read such material received a copy of his/her personal retention by affixing his/her signature on the actual copy to be filed, with the understanding that such signature merely signifies that he/she has read the material materials to be filed but and does not necessarily indicate agreement with its contentcontents. If In the event that an employee refuses to sign, the supervisor shall note affix his/her refusal on signature to the copy documents, a statement to be filed along this effect, together with the supervisor's signature and the signature that of a witness witness, may be attached to the document by the administrator in charge of the safekeeping of the file. An employee shall have the right to enter, and have attached to any such derogatory statement, his/her own comments thereon. Such review shall take place during normal business hours, but not during employee duty time. Any and all bargaining unit employees may enter into their personnel records of any commendations or awards reflecting their outstanding job performance as a District employee's refusal .
F. Each employee shall have the right to signreview the contents of his/her own personnel files. A representative of the employee’s choosing may accompany the employee in this review. The employee employee’s representative may review the employee’s personnel file a grievance regarding any such document within in the prescribed time limits absence of the grievance procedure. If employee, provided that the employee fails to file a grievance within the designated time limitshas authorized, in writing, the document becomes part review and provided that such authorization is given to the administrator or designee responsible for the safe keeping of the official file. If Photocopies of documents shall be provided to the employee does file or the employee’s representative for an amount equal to the cost of reproduction. The employee’s review of such information shall take place during the normal working day of the Division of Human Resources/Labor Relations.
G. Information of a grievance within derogatory nature, other than the designated time limitsevaluation document, said document shall not will be placed in the official employee’s confidential file nor referenced in any Performance Evaluation or Appraisal at the end of Promotability until the grievance procedure or civil service appeal rights two years if there have been exhaustedno other similar infractions during that time. Grievances filed under this provision The confidential file shall not be subject accessible only to the Arbitration provisions Administrator of the Grievance Procedure Human Resources and any appropriate administrator on a need-to-know basis, unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to said file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictionis subpoenaed." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employeeThe District will maintain the unit member's official District personnel file in a central location. Subject to the conditions outlined herein, or his/her certified representative with the written consent of the employee, may inspect that materials in an employee's personnel file are to be made available for inspection by the unit member. Unit members shall have the right to inspect these materials upon request provided that such request is made at and for a time when the person is not actually required to render services to the District. Such materials are not to include ratings, reports or records which: 1) were obtained prior to the employment of the person involved, 2) were prepared by identifiable examination committee members, or 3) were obtained in connection with a promotional examination. Materials placed in a unit member's file shall be signed and dated by the exception person or persons who prepared the materials. Information of all a derogatory nature, except for the excluded materials indicated above, shall not be entered or filed unless and until the employee is given notice and an opportunity to review and comment upon the materials. An employee shall have the right to enter, and have attached to any derogatory statement, their own comments thereon. Upon request by the unit member a review of such derogatory materials shall take place during conference or preparation period or other non-teaching time and the employee shall be released from duty for this purpose without reduction in salary. The unit member may also conduct such review during non-working time, provided it is during normal business hours. The obligation to provide notice and an opportunity to review is satisfied by a statement attached or affixed to the material obtained informing the employee that the material will be placed in the unit member's personnel files ten (10) days from other employers notification and agencies at that within that time the time unit member may submit a written response which shall be attached to the materials and placed along with them in the personnel file. Failure to submit such written response within the ten (10) days constitutes a waiver of the employee's right to do so. If the unit member alleges that the material is false and/or unfounded, the employee was hiredmay initiate a grievance to determine the truth or falsity of the information. If the Grievance Procedure establishes the truth of such materials, the unit member shall be foreclosed from contesting the truth of such materials in any subsequent administrative or legal proceedings. The right to file a grievance does not apply to:
1. Materials placed in the file as part of a statutory notice of Unprofessional Conduct or Unsatisfactory Performance under Education Code section 44938 or its successor, if any;
2. The substance of an employee's evaluation unless specifically permitted by another provision of this Agreement. An employee, while inspecting their personnel file may be accompanied by a representative. The unit member may provide written authorization which shall permit a representative to inspect and/or copy materials from the unit member's personnel file. An employee shall be advised of, and entitled to readobtain copies of materials subject to inspection, any written statement by provided the employeeemployee reimburses the District for the reasonable cost of producing the copies. Access to a unit member's supervisor personnel file shall be limited to a "need to know" basis. Access authorization must be obtained from either the Superintendent or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel fileSuperintendent's designee. The employee contents of all personnel files shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to signkept in strictest confidence. The employee may file District shall keep a grievance regarding any such document within log indicating the prescribed time limits of the grievance procedure. If the employee fails persons who have requested to file examine a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as well as the dates such may be a part of an official permanent recordrequests were made. On the face of the sealed envelope it shall read "The contents herein Such log shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered available for examination by the Peace Officers Bill of Rights shall comply with its provisionsunit member or their authorized Association representative.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An
1. Employees or former employees will, upon request, have the right to inspect all contents of their complete personnel file kept within the District Office in the presence of an administrator or designee. Such file will be the official and only personnel file. Upon request, a copy of any documents contained therein will be afforded employees.
2. A representative, at the employee's request, may be present at the personnel file review.
3. Upon request by the employee, the Superintendent or his/her certified representative with designee will sign an inventory sheet to verify the written consent contents of the employee, may inspect that personnel file at the time of inspection by said employee (see Appendix F).
4. Each employee's personnel file with will contain the exception following minimum items of information: all employee's evaluation reports, copies of annual contracts, transcripts of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement academic records (supplied by the employee), and the employee's supervisor teaching certificate.
5. Any correspondence or departmental Management regarding other written material made against an employee by any parent, student, or other person which may be used against an employee will be called to the attention of the employee within ten (10) work days after its receipt by the Employer, and the employee will have the right to attach his/her work performance own written comments.
6. Written notification by the Employer to inform the employee of the receipt or conduct if composition of any derogatory material within fifteen (15) days of such statement is receipt of composition will be required for such material to be placed allowed as evidence in his/her any grievance or in any disciplinary action against such employee. Said derogatory material must be corroborated by the Employer before inclusion in the personnel file.
7. The employee shall will acknowledge that hes/she he has read such material by affixing hisher/her his signature and the date on the actual copy to be filed, filed with the understanding that such signature merely signifies that hes/she he has read the material to be filed but filed. Such signature does not necessarily indicate agreement with its content.
8. If Any derogatory material, except for employee evaluations, will be removed from the personnel file at the written request of the employee refuses three (3) years after its initial placement into the file, provided the employee has not been further disciplined for a similar offense during that time.
9. Working files are not subject to sign, the supervisor shall note his/her refusal on the copy inspection. Any documentation noted in any working file directly relating to employee discipline or adverse effect to contract status will be filed along with the supervisor's signature and the signature of a witness called to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits attention of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such documentworking days. On reviewing his/The employee will have the right to attach his or her personnel file, an employee may request and have any own written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent recordcomments. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope All material will be destroyed shall also appear on removed from the face of envelope. That date shall be working file after two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsyears.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. 1. An employee, upon written request to or after prior arrangement with the State Bureau of Human Resources, or the appropriate official at his/her certified representative with work location or in his/her agency, shall be permitted to review his/her personnel files. Such review shall take place during normal office hours and shall be conducted under the written consent supervision of the employee, appropriate records custodian or agency representative. An employee may inspect that employee's review his/her personnel file with files at reasonable times during his/her regular work hours if such review does not require travel out of the exception of all material obtained from other employers and agencies at the time that employee was hirednormal work area. An employee shall be advised ofallowed to place in such file a response of reasonable length to anything contained therein which the employee deems to be adverse.
2. An employee's personnel file shall include, but not be limited to, all memoranda and entitled documents relating to readsuch employee which contain commendations, any written statement by employee performance appraisals or ratings and records of training programs completed.
3. In addition to the employee's supervisor or departmental Management regarding ’s right to view his/her work performance or conduct if such statement is file as set forth above, the employee shall have the right to be placed receive copies of materials included in his/her file as set forth below:
a. an employee may request, in writing, a copy of his/her entire personnel file no more than once in any twelve month period, at no cost to the employee;
b. an employee may request, in writing, a copy of all the material added to the personnel file after the copy of the entire file was provided;
c. an employee may request a copy of specifically identified documents in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on files;
d. if a document, other than routine processing documents, is added to the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If personnel file for an action of which the employee refuses to signis not reasonably aware, the supervisor shall note his/her refusal on the employee will either be notified or receive a copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such ; and
e. requested documents may be a part provided in paper copy or electronically at the discretion of management.
4. Upon request of an official permanent record. On the face employee, records of the sealed envelope it shall read "The contents herein warnings, reprimands, and preventable accident reports shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process removed from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two personnel files after three (23) years from the date of issue the occurrence provided that the employee has had no further disciplinary action since that date. Upon request of an employee, records of suspensions and disciplinary demotions shall be removed from personnel files after five (5) years from the date of the documents in occurrence provided that the sealed envelopeemployee has had no further disciplinary action since that date. An employee on reviewing hisHowever, records of disciplinary suspensions resulting from patient/her personnel fileclient abuse, may request and have any written warnings neglect or reprimand(s) issued more than two (2) years prior mistreatment shall not be removed from his/her personnel file except as such may be a part files under the provisions of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsthis paragraph.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his/her certified representative with 7.1 A copy of each written document concerning an administrator which the written consent District places in the administrator’s permanent personnel file shall be provided to that administrator. The administrator must sign the personnel file copy of the employeedocument as acknowledgement of receipt of a copy of the document. Such signature is not to be construed as agreement to the contents of the document.
7.2 An administrator may prepare a written response, may inspect that employeewhich will become a part of the administrator's personnel file with and will remain a part of said file as long as the exception document responded to remains a part of all material obtained from other employers and agencies the file. In order to insure that the response is not inadvertently overlooked, the administrator will note under his or her signature on the document at the time the response is delivered that employee was hireda response has been made, and the document will be countersigned by the receiving administrator and shall be attached to the supervisor's document. If an administrator desires to make a written response to any document by the supervisor, the administrator's response must be made within fifteen (15) work days. Upon written request of the administrator, a waiver of the time limits by the supervisor, not to exceed (10) work days, may be granted. When a copy of the supervisor's written document is forwarded to any other location, a copy of the administrator's written response must be attached.
7.3 Access to personnel files of administrators shall be on a need-to-know basis only. Permanent files of administrators shall be kept in the personnel department and are strictly confidential. Review of such files shall be limited to the Superintendent/Designee, and authorized clerical personnel. Such reviews shall be noted by the date and signature of reviewer.
7.4 Admonitions issued to an administrator, who within the time granted for improvement has met the standards set for him/her by the administrator who issued the admonition, will be removed from the records of the administrator together with all notations and indications of its having been issued. An employee shall admonition may be advised ofremoved from the records of the administrator two (2) years after it is issued, but must be removed after three (3) years, as long as the administrator has received no subsequent negative materials for the same or related matter. It is understood the request to remove an admonition must be made in writing.
7.5 Letters or reports (other than evaluations or letters of admonition) that are critical of an administrator’s performance may be removed from the records of the administrator two (2) years after it is issued, but must be removed after three (3) years, as long as the administrator has received no subsequent negative materials for the same or related matter. It is understood the request to remove an admonition must be made in writing. This provision does not apply to letters or reports of substantiated criminal activity or investigations, arrests and convictions.
7.6 Only evaluations, documents identified as steps in progressive discipline, and entitled responses to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is evaluation and progressive discipline documents are to be placed in his/her the administrator’s official personnel files. Upon the request of the administrator and the approval of the School District, documents of commendation may also be included in the administrator’s official personnel files. It is understood that pre-employment information, individual contracts, communication from the personnel office related to placements, and information related to the administrative selection process is also kept in the administrator’s official personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on Settlement agreements, grievances, grievance decisions, and arbitration records will be placed in a separate file apart from the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the administrator’s working or official personnel file. If the employee does file a grievance within the designated time limits, said document Medical records shall not be placed in the administrator’s official personnel files.
7.7 Admonitions issued to an administrator, who within the time granted for improvement has met the standards set for him/her by the supervisor who issued the admonition, will be removed from the records of the administrator, together with all notations and indication of its having been issued, upon written request of that administrator. When the written request is received by the School District, the admonition and any written response from the administrator’s official personnel file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not must be subject returned to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or administrator within ten (10) business days following final determination if he/she has filed a grievance regarding such documentschool days.
7.8 Documents that are removed from the administrator’s official personnel files are to be returned to the administrator. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her Copies of documents that are removed from the administrator’s official personnel file except as such may be maintained in a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents file in the sealed envelope. An employee Office of District Counsel and is accessible on reviewing his/her personnel file, may request and have any written warnings in the defense of litigation or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part in the defense of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsemployment related actions.
Appears in 3 contracts
Samples: Master Contract, Master Contract, Master Contract
Personnel Files. An employee18.1 The University shall maintain only one (1) official personnel file for each administrative faculty member in a secure place designated by the President/Chancellor. Copies of all collective bargaining agreements covering SUOAF-AFSCME shall be kept on file and available in close proximity to the personnel files. Under no circumstances shall the official personnel file be removed from this location. The Employer may maintain members' payroll records in another office.
18.2 Except as otherwise provided, materials in the personnel files shall be confidential. Access to the personnel file by individuals other than the member concerned shall be conducted in the presence of someone in authority in the file office in accordance with applicable State and Federal statutes. Except for the member concerned, the President/ Chancellor or hishis designee(s), and SUOAF-AFSCME representatives, who are authorized to process a grievance, no one shall have access to the official personnel file without the member's written approval. When individuals other than the President/her certified representative with Chancellor or Chief Human Resources Officer (or equivalent) and their immediate staff members peruse the written consent file, notations shall be made on the face of the employeefolder as to name, may inspect that employeedate, and reason for the perusal.
18.3 A member's personnel file with will contain but not be limited to the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee following:
18.4 No item shall be advised of, and entitled removed from the personnel file without the member's consent. No anonymous material shall be placed in official personnel files under any circumstances. No item shall be inserted therein by Management officials unless a copy has been forwarded promptly to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement member with a notice that the material is to be included in his personnel file.
18.4.1 All file material shall be dated upon receipt.
18.4.2 No derogatory statements shall be placed in his/her personnel a member's record unless such member has had an opportunity to read and review such material, and been provided ten (10) work days to reply in writing. If no reply is received in the time given, the material may be placed in the file. The employee member shall acknowledge that he/she he has read such material by affixing his/her signature on signing the copy to file copy. It shall be filed, with the understanding understood that such this signature merely signifies indicates that he/she the individual has read the material to in question and shall not be filed but does not necessarily indicate construed as agreement or disagreement with its content. If At the employee refuses to signsame time that the signed material is being filed, the supervisor member shall note his/her refusal on be sent a personal copy of the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee information.
18.4.3 A member may file a grievance regarding any such document within the prescribed time limits contest through Step 3 of the grievance procedureprocedure the inclusion of any material whose accuracy, completeness, or relevance is questionable.
18.5 Upon request, a member or his authorized Union representatives shall have access to relevant personnel files without delay at reasonable times during regular office hours. If the employee fails Also upon request members shall be able to file copy at no charge any and all material in their records. Where a grievance within the designated time limits, the document becomes part of the official file. If the employee does file bears upon materials contained in a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel member's file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.Union
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employeeEmployees or former employees shall, upon request, have the right to inspect all contents of their personnel file within the District. Personnel files shall be inspected in the presence of an administrator or his/her certified representative with designee in the written consent Business Office. Upon request, a copy of any documents contained therein shall be afforded the employeeemployee at the District's expense. No secret, may inspect that duplicate, alternate or other personnel file shall be kept anywhere in the District. A separate file for processed grievances, if any, shall be kept apart from the employee's personnel file with the exception of all material obtained from other employers and agencies file. Anyone, at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to request, may be placed in his/her personnel filepresent at this review. The employee shall acknowledge that he/she has read such Any derogatory material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior shown to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a after receipt or after completion of an investigation shall not be allowed as evidence in any grievance regarding or in any disciplinary action against such documentemployee. On reviewing No evaluation, correspondence, or other material making derogatory references to an employee's competence, character, or manner shall be kept or placed in the employee's personnel file without the employee's knowledge and exclusive right to attach his/her personnel fileown written comments. Upon request by the employee, the Superintendent or designee shall sign an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her inventory sheet to verify contents of the personnel file except as such may be a part at the time of an official permanent record. On said inspection by said employee, providing the face of the sealed envelope it shall read "The contents herein inventory shall be disclosed only upon provided by the employee and verified by the District. Nothing shall be copied from an employee’s personnel file without the written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelopethat employee. That date All derogatory materials shall be two purged from an Employee’s file after three (23) years of date of material unless a shorter time is stated in the written documentation, providing that there are no repetitions within three (3) years; however, such deletion shall not occur while any school, OSPI, or law enforcement investigation or proceeding is in progress. Records of any investigative action, as required by law, in which records must be kept, shall be maintained in a separate file from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her employee’s personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsafter three (3) years.
Appears in 3 contracts
Samples: Collective Bargained Agreement, Collective Bargained Agreement, Collective Bargained Agreement
Personnel Files. An employee7.1 The College shall maintain an official personnel file in the Office of Human Resources for each staff member who is subject to this Agreement. Only official correspondence relative to a staff member's service and/or professional ability, personnel transactions, and official evaluation reports shall be included in the file. The file shall also include the official job description of the staff member. Whenever material is added to or withdrawn from the file, notification will be sent to the staff member by the Office of Human Resources.
7.2 The staff member shall have the right to examine his/her certified representative with the written consent of the employee, may inspect that employee's official personnel file with the exception of all material obtained from other employers at any time upon request during normal business hours and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, file a statement in response to any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be item placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on .
7.3 A designated member of the copy to be filedPSA@RIC having written authorization from the staff member concerned, with and in the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature presence of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits representative of the grievance procedure. If the employee fails to file a grievance within the designated time limitsAdministration, the document becomes part of may examine the official file. If personnel file of that member.
7.4 A staff member shall have the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject right to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed reproduce all documents in his/her personnel file except as and to initial such material to indicate he/she has seen it, but the initials shall not indicate agreement with the substance of the material.
7.5 No anonymous material shall be placed in a staff member's personnel file.
7.6 Materials shown to be false or unsubstantiated shall be removed from a staff member's official personnel file. The burden of proof for false or unsubstantiated material shall rest with the staff member.
7.7 The College Administration shall be responsible for maintaining a separate file on grievances under process arising from the provisions of this Agreement. Completely processed grievances that relate to a staff member's evaluation, suspension, demotion, or dismissal may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents placed in the sealed envelope. An employee on reviewing his/her member's personnel file, may request but such material shall be complete and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her shall contain a statement concerning the final disposition of the grievance.
7.8 Each staff member shall be responsible for providing additional pertinent information for an up- to-date personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsfile.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employeeA. Personnel Files Each bargaining unit member will have the right, upon request, to review the contents of their personnel file, exclusive of confidential materials received prior to the date of their employment by the District. A representative of the Association may, at the member’s request, accompany the member in this review. Members will be shown and acknowledge in writing any written complaints, written reprimands or written observations/evaluations prior to such documents being placed in their personnel files. A member’s refusal to acknowledge such review will be documented. The member may respond in writing to any item placed in their personnel file; and said response will become a part of the file.
B. All personnel records will be considered confidential to the extent provided for by law. The following individuals, however, will have access to records in the personnel file:
1. Administrators, or his/her certified representative with the written consent of the employeetheir designees, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled in order to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel fileperform District duties;
2. The employee shall acknowledge who is the subject of the personnel file;
3. Those individuals or organizations to which the employee or the Superintendent specifically authorizes the release of such records; and
4. Any individual who has a legitimate legal right to access specific records in the personnel file.
C. Any personnel record that he/she has read such material by affixing his/her signature on the copy an administrator reasonably believes could eventually be used to substantiate future disciplinary action against an employee will be filed, discussed with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to presented for the employee's refusal ’s signature prior to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be it being placed in the official file nor referenced administrator’s “working file.” The placement of a signed document in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall a “working file” will not, itself, be considered disciplinary and will not be subject to the Arbitration provisions grievance procedure. The employee’s signature will indicate only that the employee has had the opportunity to review the document, but will not be construed to indicate the employee necessarily agrees with the document’s contents.
D. After a teacher has shown due diligence in resolving an issue that led to a disciplinary letter being placed in the working file of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees employee, that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement submit a written request to any document within twenty (20) business days if he/she chooses not their building administrator to file have the letter followed up with a grievance regarding such document or within ten (10) business days following final determination if he/she letter of resolution provided that the employee has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face met all of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictionrequirements." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his/her certified representative with A. The Board of Education shall maintain the written consent of the employee, may inspect that employee's only official personnel file for each employee in accordance with the exception of all material obtained from other employers and agencies at the time that employee was hired. An applicable Ohio Law.
B. The employee shall be advised of, and entitled to read, given a copy of any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be material placed in his/her personnel filefile after the date of initial employment. The employee shall acknowledge that he/she has read such All material by affixing his/her signature on in the copy to file must be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness relevant to the employee's refusal to sign. The employee may ’s job and shall be included in the file within a grievance regarding any such document within the prescribed reasonable period of time limits of the grievance procedure. If following its receipt or preparation, unless the employee fails agrees to file its inclusion at a grievance within the designated time limits, the document becomes part of the official filelater date. If the employee does file a grievance within the designated time limits, said document shall not be All material placed in the official file nor referenced in any Performance Evaluation or Appraisal should be clearly stamped with the date of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used inclusion in the twelve months immediately prior to an Appraisal file. Any employee interested in discussing the relevancy of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed materials in his/her personnel file except as such may request and shall be granted an opportunity to discuss questions of relevancy with the Superintendent. Material mutually deemed irrelevant shall be removed from the file. If there is disagreement between the employee and the Superintendent regarding the relevancy of materials, the employee may insert in the file a statement of the reasons why said material is irrelevant which shall be physically attached to the disputed material or challenge the inclusion of the material in accordance with Ohio law.
C. All materials placed in the employee’s file shall be available in the Central Office where the employee or employee’s representative with written authorization from the employee may examine them. Material included in this file may be used for personnel decisions if it is properly included according to the conditions stated in this Article.
D. If an employee misplaces or loses his/her copies of materials which have been placed in the personnel file, the employee may request another copy of such material and it shall be supplied to the employee at his/her expense.
E. If a part of an official permanent record. On the face member of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date wishes to examine the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her an employee’s personnel file, the employee shall be notified of such request. Prior to the inspection of the file, the employee may request and have any written warnings the opportunity to meet with the superintendent regarding the procedures outlined in Item B of this Article. For security reasons, the superintendent or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may designee will be a part of an official permanent record. All departments employing peace officers covered by present during the Peace Officers Bill of Rights shall comply with its provisionsexamination.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. Section 1. An employeeemployee may, or upon reasonable request, inspect the contents of his/her certified representative with official Agency personnel file except for confidential reports from previous employers. An employee may, upon request, obtain copies of any of the written consent contents of his/her personnel file except for confidential reports from previous employers. No grievance material shall be kept in an employee’s official personnel file.
Section 2. Effective upon execution date of this Agreement, no information reflecting critically on an employee shall be placed in the employee’s personnel file that does not bear the signature of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An The employee shall be advised of, and entitled required to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if sign such statement is material to be placed in his/her personnel filefile provided the following disclaimer is attached: “Employee’s signature confirms ONLY that the supervisor has discussed and given a copy of the material to the employee. The employee’s signature does not indicate agreement or disagreement with the contents.” If an employee shall acknowledge is not available within a reasonable period of time to sign the material or the employee refuses to sign the material, the Agency may place the material in the file provided a statement has been signed by two (2) management representatives that he/she has read such material by affixing a copy of the document was mailed to the employee at his/her signature on the address of record with a copy to be filed, with the understanding that Union at the time such signature merely signifies that he/she has read material was placed into the material to be filed but does not necessarily indicate agreement with its contentemployee’s file.
Section 3. If the employee refuses to signbelieves that any of the above material is incorrect or a misrepresentation of facts, the supervisor employee shall note his/her refusal on be entitled to prepare a written explanation or opinion regarding the copy to disputed material. This shall be filed along with the supervisor's signature and the signature of a witness attached to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes disputed material and shall be included as part of the official filepersonnel file until the material is removed.
Section 4. If the An employee does file a grievance within the designated time limits, said document shall not be placed may include in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except any relevant material the employee wishes such as such may be a part letters of an official permanent recordfavorable comment, licenses, certificates, college course credits, or other material which reflects credibly on the employee.
Section 5. On the face of the sealed envelope it shall read "The contents herein Material reflecting caution, consultation, warning, admonishment or reprimand shall be disclosed only upon written consent of removed from the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two file after twenty-four (224) years months from the date of issue the document provided no incident of a similar nature has reoccurred in the intervening time. Other disciplinary actions shall be removed after thirty-six (36) months unless incidents of a similar nature have reoccurred in the intervening time. However, the material may be removed earlier than the prescribed time period at the request of the documents employee and upon approval of the appointing authority provided there has been no recurrence of the problem or a similar problem in the sealed envelopethat time. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued Any period of leave of absence without pay that is more than two fifteen (215) years prior removed from his/her personnel file except as such may be a part calendar days shall extend the retention period for that duration of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsleave.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. Section 1. A personnel file shall be maintained for each employee in the Superintendent’s office, and such file shall be the only official file for the employee. The file shall be as confidential as permitted by law. A request for access shall be scheduled through the Superintendent. An employee, or employee may be accompanied by a representative of his/her certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies choice at the time that of a review of the individual’s personnel file.
Section 2. Any material to be placed in the employee’s personnel file shall be shown to the employee was hiredand a copy shall be provided. An The employee shall sign such material to indicate that he/she has seen the material, but such signature shall not be advised of, and entitled construed to read, indicate agreement with the contents of the material. The employee may write a rebuttal to any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement material which is to be placed in his/her personnel file and such rebuttal shall be permanently attached to the material in question.
Section 3. Teachers may challenge the relevancy, accuracy, timeliness, or fairness of file information through the grievance procedure filed at the Superintendent’s level.
Section 4. An incident which has not been reduced to writing within ten (10) work days of the Administration’s knowledge of its occurrence, may not later be added to the file.
Section 5. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits contents of the grievance procedurefile are limited to work related activities, discipline and routine financial or personnel data.
Section 6. If All entries in the employee fails to personnel file a grievance within must be signed and dated by an administrator.
Section 7. Derogatory material without foundation from parents or others outside the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document educational field shall not be placed in the official file nor referenced in any Performance Evaluation building or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhaustedcentral office personnel files. Grievances filed under this provision Anonymous documents shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used placed in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such formsany file.
Section 8. The employee may attach teacher shall be entitled to a copy of any material in his/her statement to file. Teachers may have a copy of any document within twenty (20) business days if he/she chooses not item in their file at no cost. If the Association is asked to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed on behalf of the teacher, then the Association shall also be entitled to a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have copy of any written warnings issued more than one year prior placed in an envelope and sealed material in his/her personnel file except as such may be a part of an official permanent recordon written request from the teacher involved, to the Board office.
Section 9. On the face of the sealed envelope it shall read "The contents herein An employee shall be disclosed only upon written consent notified immediately of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date any request(s) to view the contents of the sealed envelope employee’s personnel file and have an opportunity to review their file at that time. An individual requesting to see an employee’s file shall be granted access to the file consistent with timelines specified in public records law. Every effort will be destroyed shall also appear on made to notify the face of envelope. That date shall be two (2) years from employee that a request has been made to view the date of issue of file as soon as the documents in the sealed enveloperequest is received.
Section 10. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior information be removed from his/her personnel file except as such may or dispute the accuracy, relevancy, or timeliness of the information. Information shall be a part removed upon mutual agreement of an official permanent recordthe professional staff member and the administrator making the entry or the Superintendent consistent with the requirements and regulations of public records. All departments employing peace officers covered by No information removed from personnel files shall be destroyed contrary to state law.
Section 11. The Board shall encourage complaints from the Peace Officers Bill public against professional staff members to be heard in executive session if it becomes necessary for the Board of Rights Education to become involved.
Section 12. The procedures herein shall comply with its provisionstake precedence over and supersede the provisions of O.R.C. Chapter 1347.
Appears in 3 contracts
Samples: Professional Negotiations Agreement, Professional Negotiations Agreement, Professional Negotiations Agreement
Personnel Files. An employee, or his/her certified representative with The personnel files of each bargaining unit member shall be maintained in the written consent of District's Human Resources Office. Said files will include but not be limited to the employee, may inspect that employee's personnel file with the exception following documents:
1. copies of all material obtained from other employers and agencies at the time documents that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes were generated as part of the official fileunit member’s tenure review process;
2. If copies of all peer or administrative employment reviews;
3. notices of employment, extra duty contracts, overload contracts, etc.;
4. copies of transcripts, degrees, certificates, or other proofs of educational attainment;
5. copies of any grievance proceedings by the member;
6. copies of any disciplinary actions or proceedings against the member;
7. copies of any complaints of misconduct, harassment, or sexual harassment against the member made by another employee does or student;
8. copies of any and all documents pertaining to the member’s employment that are required by law or statute. Information shall be placed into a unit member’s personnel file only as a grievance within result of valid employment related activities including but not limited to the designated time limitshiring process, said document contract generation and maintenance, tenure review, faculty evaluations, or grievance, complaint or disciplinary proceedings conducted according to the procedures enumerated in this agreement. Information of a derogatory nature shall not be placed in the official unit member's personnel file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure member has been sent a copy of the material to be entered into the file accompanied by a written notice of intent declaring that the material will be placed in the member's personnel file and only as part of grievance, complaint or civil service appeal rights disciplinary proceedings conducted according to the procedures enumerated in this agreement. The unit member has the right to respond in writing to the information of a derogatory nature. The member's response shall be attached to the derogatory material in question and shall become a part of the member's file. Members of the unit shall have the right to inspect materials in their personnel files upon request, at any off-duty time when the District's Human Resources Office is open. The District will provide to the unit member copies of the materials in his/her personnel files within five (5) working days of a written request. Upon the written request of the unit member, the District agrees to remove and destroy any materials of a derogatory nature which have remained in the file for five (5) years, provided that there have been exhaustedno documented actions of a similar nature to the original complaint in that five year period, and/or provided that no legal or disciplinary actions resulted from the original complaint that would necessitate the retention of the records. Grievances filed under this provision Any information or material which evolves from the evaluation process and which is considered to be derogatory shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictionremoval." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An Section 23.1 Personnel Files It is recognized by the parties that the Employer may prescribe regulations for the custody, use and preservation of the records, papers, books, documents and property pertaining to the Agency. However, every member shall, upon request, be allowed to review his personnel file at any reasonable time. If any member is involved in a dispute regarding which matters in his personnel file may be material, any GMP representative shall also be granted access to the member's file at times where access is authorized in advance by the member in writing. Such written authorization shall specify "medical records" if the employee so intends.
Section 23.2 Inaccuracies If an employee, upon examining his personnel file, has reason to believe that there are inaccuracies in those documents to which he has access, the employee may write a memorandum to the Director or his/her certified representative with his designee explaining the written consent alleged inaccuracy. If, upon investigation, the Director or his designee sustains the allegation, he shall do one of the following;
A. The employee's memorandum shall be attached to the material in question and filed with it, and the Director or his designee shall note thereon his concurrence; or,
B. The Director or his designee shall correct inaccurate material in the personnel file in accordance with law if he feels that the inaccuracies warrant such action.
Section 23.3 Clarification Any material placed in a member's personnel file may inspect be reviewed. If such material is not inaccurate, but the employee feels that clarification is necessary, he may submit to the Director or his designee, a written clarification of the circumstances. Such memorandum shall not contain derogatory or scurrilous matter regarding the administration or any other employee. The Director or his designee will immediately arrange to have such memorandum attached to the material to which it is directed and placed in the employee's personnel file with the exception file. Personnel files of all material obtained from other employers and agencies at the time that employee was hiredCCDJFS are considered public record. An employee shall Employees will be advised of, and entitled notified in advance of any public records request to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her review a personnel file. The employee All information that has been identified by law as confidential shall acknowledge that he/she has read such material by affixing his/her signature on the copy be redacted prior to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature releasing of a witness to the employee's refusal to sign. The employee may personnel file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be documents.
Section 23.4 This Article is subject to the Arbitration provisions provision of Section 149.43 of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictionOhio Revised Code." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee
10.1 The District shall maintain bargaining unit members’ official personnel files at the District’s central office.
10.2 Access to personnel files shall be limited to the Board of Education and members of management on a regular, need-to-know basis. The contents of all personnel files shall be kept in the strictest confidence. This paragraph shall not apply in the event all or his/her certified representative with the written consent a portion of the employee, may inspect that employee's personnel files are necessary for preparation or as evidence in an administrative or judicial proceeding.
10.3 The person or persons who draft and/or place material relevant to the assessment of performance in the bargaining unit member’s personnel file with shall sign the exception of all material obtained from other employers and agencies at signify the time that employee date on which such material was hireddrafted. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to Such material must be placed in his/her the bargaining unit member’s personnel filefile within ten (10) working days from the day it was reviewed with the member.
10.4 Information of a derogatory nature, except material mentioned in 10.6 below, shall not be entered or filed unless and until the bargaining unit member is given notice and an opportunity to review and comment thereon. The employee bargaining unit member shall be obligated to attend a conference called for such purpose by an administrator having line authority over such bargaining unit member. The bargaining unit member shall have the right to representation during such conference. The bargaining unit member shall acknowledge that he/she has read such material received a copy for his/her personal retention by affixing his/her signature on the a copy to be filed, with the understanding that such signature merely signifies that he/she has read the material materials to be filed but and does not necessarily indicate agreement with its contentthe contents. If In the employee event that a bargaining unit member refuses to signaffix her/his signature to the documents, the supervisor administrator or designee in charge of the safekeeping of the file may attach a statement to this effect, together with that of a witness, to the document. A bargaining unit member shall note have the right to enter, and have attached to any such derogatory statement, his/her refusal on own comment thereon. Such review shall take place during normal District business hours, and the copy bargaining unit member shall be released from duty for this purpose without salary reduction. Duty for purposes of this paragraph is intended to be filed along with limited to those hours a bargaining unit member would otherwise be engaged in non-teaching duties. Derogatory material relating to unit member actions or omissions which have not been repeated within the supervisor's signature and prior three (3) year period may not be used by the signature of a witness to the employee's refusal to signDistrict in any evaluation. The employee unit member may file a grievance regarding any request in writing that such document within material be removed from the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation The Superintendent or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement designee shall decide whether the questioned material is to any document within twenty (20) business days if he/she chooses not be removed.
10.5 Each bargaining unit member shall have the right to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing review the contents of his/her own personnel file, an employee . A representative of the bargaining unit member’s choosing may request and have any written warnings issued more than one year prior placed accompany the bargaining unit member in an envelope and sealed in his/her this review. The bargaining unit member’s representative may review the bargaining unit member’s personnel file (except for privileged information referred to in paragraph six of this Article) in the absence of the bargaining unit member, provided that the bargaining unit member has authorized, in writing, the review, and provided that such authorization is given to the administrator or designee responsible for the safekeeping of the file. Photocopies of documents shall be provided to the bargaining unit member’s representative at no expense. The bargaining unit member’s review of such information shall take place during the normal working day of the District’s central personnel office and during the bargaining unit member’s non-duty time.
10.6 Privileged information such as such may be a confidential placement, bureau papers, and confidential statements submitted as part of an official permanent record. On application procedures, including rating reports of records which were obtained prior to the face employment of the sealed envelope it person involved is specifically exempted from review. The administrator or designee shall read "The contents herein remove or seal such confidential documents from the file prior to a review of the file as described.
10.7 In the event derogatory charges against a bargaining unit member are proven to be without substance by a final judicial authority, the material shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years expunged from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply in accordance with its provisionsjudicial and statutory direction.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or 1. Any employee shall have the right to examine all materials in his/her certified representative with personnel file, located in the written consent Superintendent’s office, except pre-employment information, at any time during the normal workday subject to the following:
2. That prior approval of the employee’s supervisor is obtained. That the Superintendent, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies or his authorized designee, is present at the time the material is examined. For this reason, the employee must make an appointment at least two (2) working days in advance to examine his/her personnel file. Employees also have the right to review their personnel files in the company of an OAPSE representative, and also to delegate that right through written permission to an OAPSE representative. In either case the Superintendent, or his designee, must be present. Should the OAPSE representative be an employee was hiredof the Board, permission must be granted by that individual’s immediate supervisor for him to take time off for this purpose. An Upon termination of his/her employment, no communication shall be made that may have an adverse effect upon the employee’s re-employment or compromise his/her integrity or competence, unless such communication is verified by the contents of the employee’s personnel file. Material contained in the personnel file must be job related. The author of such material must be identified and all material must be dated. The employee shall have the right to copy any material in his/her file. The employee has the right to initial and date any material that may be advised of, and entitled to read, utilized for purposes of discipline or evaluation. The Board may charge actual cost for the copies of any written statement material requested by the employee's supervisor or departmental Management regarding his/her . Employees shall be provided with a copy of any derogatory written material within ten (10) work performance or conduct if such statement days after it is placed in the employee’s personnel file. In case of disagreement concerning materials in the employee’s personnel file, the employee may file a written report and/or rebuttal to be attached to the disputed document. During the course of employment with the Board, no employee shall have an evaluation placed in his/her personnel file, without an opportunity for discussion between the employee and the evaluator. The employee In any negative evaluation, specific instructions for the improvement of sub-standard performance shall acknowledge that he/she has read such material by affixing his/her signature be placed on the evaluation form or attached to it. Employees will receive a copy to be filed, with of their yearly evaluation upon completion and final joint signature of the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature evaluator and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.employee.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Personnel Files. An employee, or 1. Each GESPA employee shall have the right upon advanced request to review the content of his/her certified personnel file maintained at the district administrative office. A local representative with the written consent of the Association may accompany the GESPA employee in the review.
2. Privileged information such as confidential credentials and related personal references sought at the time of employment are specifically exempt from such review as well as any other records to which access is not required by law.
3. Only one official file shall be maintained. A copy of all communications including evaluations by supervisors or administrators, commendations, and validated complaints directed toward the GESPA employee which are included in the GESPA employee's official file shall be given to the GESPA employee at the time of inclusion. No evaluative materials (including disciplinary, commendation, complaint or other such information which may inspect that be considered for discipline, promotion, demotion, or dismissal) shall be placed in an employee's personnel file with unless the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled has had an opportunity to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if read such statement is to be placed in his/her personnel filematerial. The GESPA employee shall acknowledge that he/she has read such material any materials evaluative in nature by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign.
4. The GESPA employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails will be permitted to file a grievance within response to any item placed in the designated time limits, the document becomes part of the official file. If The response shall be prepared in triplicate, one for the employee does file a grievance within supervisor, one for the designated time limitsprincipal, said document shall not and one forwarded to the Assistant Superintendent for Human Resources to be placed in the official GESPA employee's personnel file.
5. In the event any file nor referenced in any Performance Evaluation materials are determined to be inaccurate or Appraisal unfair by legal or grievance proceedings such portion of Promotability until materials will be removed from the grievance procedure or civil service appeal rights have been exhaustedGESPA employee's file as so ordered.
6. Grievances filed under this provision shall not GESPA employees will be subject to covered by the Arbitration provisions of the Grievance Procedure unless they involve violation of Illinois Personnel Records Review Act. The employees will be notified when a specific provision of this agreementdocument is to be placed in their personnel files. Management agrees that no properly used full paid sick leave used In the event the employee wishes to discuss any document to be placed in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an the employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent recordmeeting with the appropriate administrator. On At the face of meeting the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject GESPA employee or by subpoena or other legal process from a public body of competent jurisdictionis entitled to GESPA representation." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Personnel Files. 1. An employee, upon written request to or after prior arrangement with the State Bureau of Human Resources, or the appropriate official at his/her certified representative with work location or in his/her agency, shall be permitted to review his/her personnel files. Such review shall take place during normal office hours and shall be conducted under the written consent supervision of the employee, appropriate records custodian or agency representative. An employee may inspect that employee's review his/her personnel file with files at reasonable times during his/her regular work hours if such review does not require travel out of the exception of all material obtained from other employers and agencies at the time that employee was hirednormal work area. An employee shall be advised ofallowed to place in such file a response of reasonable length to anything contained therein which the employee deems to be adverse.
2. An employee's personnel file shall include, but not be limited to, all memoranda and entitled documents relating to readsuch employee which contain commendations, any written statement by employee performance appraisals or ratings and records of training programs completed.
3. In addition to the employee's supervisor or departmental Management regarding ’s right to view his/her work performance or conduct if such statement is file as set forth above, the employee shall have the right to be placed receive copies of materials included in his/her file as set forth below:
a. an employee may request, in writing, a copy of his/her entire personnel file no more than once in any twelve month period, at no cost to the employee;
b. an employee may request, in writing, a copy of all the material added to the personnel file after the copy of the entire file was provided;
c. an employee may request a copy of specifically identified documents in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on files;
d. if a document, other than routine processing documents, is added to the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If personnel file for an action of which the employee refuses to signis not reasonably aware, the supervisor shall note his/her refusal on the employee will either be notified or receive a copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance proceduredocument; and
e. requested documents may be provided in paper copy or electronically at the discretion of management.
4. If the employee fails to file a grievance within the designated time limitsUpon request of an employee, the document becomes part records of the official file. If the employee does file a grievance within the designated time limitsreprimands, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein preventable accident reports shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process removed from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two personnel files after three (23) years from the date of issue the occurrence provided that the employee has had no further disciplinary action since that date. Upon request of an employee, records of suspensions and disciplinary demotions shall be removed from personnel files after five (5) years from the date of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.occurrence provided
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employeeEmployee(s), or his/her certified a TCDSA representative with the written consent of the employeeemployee(s), may inspect that employee's shall be entitled to review the contents of their official departmental or County personnel file and any other formal file relating to their work performance at reasonable intervals, upon request, during hours when the Human Resources & Development Department is open for business. Such review shall not interfere with the exception normal business of all material obtained the department. It is further understood and agreed that documents such as reference letters and background investigations, are exempt from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement review by the employee's supervisor employee or departmental Management regarding his/her work the Association. No disciplinary document (i.e., Formal Reprimand, Notice of Proposed Disciplinary Action of Suspension, Demotion or Dismissal) and no counseling document (i.e., performance or conduct if such statement is to appraisal form and/or Memorandum of Counseling) shall be placed in his/her an employee's official departmental or County personnel filefile until such employee has had the opportunity to review the document and discuss it with the issuing party. The employee shall acknowledge that he/she has read such material by affixing his/her manual signature on the actual copy to be filed, with the understanding . The material shall state that such signature merely signifies that he/she has read the material to be filed but and that such signature does not necessarily indicate agreement with on its contentcontents. If The material shall also state that the employee refuses may submit comments for attachment to sign, the supervisor filed material. Refusal by the employee to sign the material shall note hisbe so noted. A copy of the annotated material shall be given/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness sent to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until Materials and/or documents determined through the grievance procedure or civil service through other formal appeal rights have been exhausted. Grievances filed under this provision shall not process(es) to be subject to inappropriate shall, upon written request from the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will employee, be referenced on such formssealed. The employee may attach his/her statement to will be notified in writing when the sealing has been accomplished. Upon an employee’s request, a Memorandum of Counseling that is four years or older and that has not been used as a basis for any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, subsequent disciplinary action shall be immediately removed from an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her employee’s official personnel file except as such may be a part of an official permanent record. On at the face of Human Resources & Development Department and from any file at the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictionSheriff’s Office." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Personnel Files. Section 1. An employeeemployee may, or upon reasonable request, inspect the contents of his/her certified representative with official Agency personnel file except for confidential reports from previous employers. An employee may, upon request, obtain copies of any of the written consent contents of his/her personnel file except for confidential reports from previous employers. No grievance material shall be kept in an employee’s official personnel file.
Section 2. Effective upon execution date of this Agreement, no information reflecting critically on an employee shall be placed in the employee’s personnel file that does not bear the signature of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An The employee shall be advised of, and entitled required to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if sign such statement is material to be placed in his/her personnel filefile provided the following disclaimer is attached: “Employee’s signature confirms ONLY that the supervisor has discussed and given a copy of the material to the employee. The employee’s signature does not indicate agreement or disagreement with the contents.” If an employee shall acknowledge is not available within a reasonable period of time to sign the material or the employee refuses to sign the material, the Agency may place the material in the file provided a statement has been signed by two (2) management representatives that he/she has read such material by affixing a copy of the document was mailed to the employee at his/her signature on the address of record with a copy to be filed, with the understanding that Union at the time such signature merely signifies that he/she has read material was placed into the material to be filed but does not necessarily indicate agreement with its contentemployee’s file.
Section 3. If the employee refuses to signbelieves that any of the above material is incorrect or a misrepresentation of facts, the supervisor employee shall note his/her refusal on be entitled to prepare a written explanation or opinion regarding the copy to disputed material. This shall be filed along with the supervisor's signature and the signature of a witness attached to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes disputed material and shall be included as part of the official filepersonnel file until the material is removed.
Section 4. If the An employee does file a grievance within the designated time limits, said document shall not be placed may include in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except any relevant material the employee wishes such as such may be a part letters of an official permanent recordfavorable comment, licenses, certificates, college course credits, or other material which reflects credibly on the employee.
Section 5. On the face of the sealed envelope it shall read "The contents herein Material reflecting caution, consultation, warning, admonishment or reprimand shall be disclosed only upon written consent of removed from the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two file after thirty-six (236) years months from the date of issue the document. However, the material may be removed after twenty-four (24) months provided there has been no recurrence of the documents problem or a similar problem in that time at the sealed enveloperequest of the employee. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued Any period of leave of absence without pay that is more than two fifteen (215) years prior removed from his/her personnel file except as such may be a part calendar days shall extend the retention period for that duration of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsleave.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employeePERSONNEL FILES MAINTENANCE
A. Pursuant to Florida Statutes, Chapter 1012.31 Personnel Files -- Public school system employee personnel files shall be maintained according to the following provisions:
1. Except for materials pertaining to work performance or such other matters that may be cause for discipline, suspension, or his/her certified representative with dismissal, under laws of this state, no derogatory materials relating to an employee's conduct, service, character, or personality shall be placed in the written consent personnel file of such employee.
2. Materials relating to work performance, discipline, suspension, or dismissal must be reduced to writing and signed by a person competent to know the facts or make the judgment.
a. No such materials may be placed in a personnel file, unless they have been reduced to writing within 45 calendar days, exclusive of the employeesummer vacation period, of the school system's administration becoming aware of the facts reflected in the materials.
b. Additional information related to such written materials, previously placed in the file, may inspect that be appended to such materials to clarify or amplify, as needed.
3. A copy of such materials to be added to an employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised ofprovided to the employee either:
a. by certified mail, and entitled return receipt requested, to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is address of record; or,
b. by personal delivery to the employee. The employee's signature on a copy of the materials to be placed in his/her personnel file. The employee filed shall acknowledge be proof that he/she has read such material by affixing his/her signature on materials were given to the copy to be filedemployee, with the understanding that such signature merely signifies that he/she has read the material to be filed but receipt and does not necessarily indicate agreement with its contentcontents.
4. If The employee shall have the right to answer, in writing, any such materials in a personnel file, as of July 1, 1983, as well as any such materials filed thereafter, and the answer shall be attached to the file copy. The employee refuses shall have the right to sign, request that the supervisor shall note Superintendent or his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance designee make an informal inquiry regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed material in his/her personnel file except as such may which the employee believes to be false. The official making the inquiry shall append a part written report of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her findings to the material.
5. Upon request, the employee, or any person designated, in writing, by the employee, shall be permitted to examine the personnel file. The employee shall be permitted, may conveniently, to reproduce any materials in the file, at a cost no greater than five cents per page.
6. The custodian of the record shall maintain a record in the file of those persons reviewing the file each time it is reviewed.
7. Public school system employee personnel files are subject to the provisions of Chapter 119, except as follows:
a. Any complaint, and any material relating to the investigation of a complaint against an employee, shall be confidential until the conclusion of the preliminary investigation, or until such time as the preliminary investigation ceases to be active. If the preliminary investigation is concluded with the finding that there is no probable cause to proceed further and with no disciplinary action taken or charges filed, a statement to that effect, signed by the responsible investigating official, shall be attached to the complaint and the complaint and all such materials shall be open thereafter to inspection, pursuant to Chapter 119. If the preliminary investigation is concluded with the finding that there is probable cause to proceed further or with disciplinary action taken or charges filed, the complaint and all such materials shall be open thereafter to inspection, pursuant to Chapter 119. If the preliminary investigation ceases to be active, the complaint and all such materials shall be open thereafter to inspection, pursuant to Chapter 119. For the purpose of this Subsection, a preliminary investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation that an administrative finding will be made in the foreseeable future. An investigation shall be presumed to be inactive if no finding relating to probable cause is made within 60 calendar days after the complaint is made.
b. Employee evaluations prepared, pursuant to Chapters 1012.56, 1012.34, 1012.33, Florida Statutes or Board Policy 1590, shall be confidential until the end of the school year immediately following the school year during which each evaluation is made. No evaluations prepared prior to July 1, 1983 shall be made public, pursuant to this Section.
c. No material derogatory to the employee shall be open to inspection until 10 calendar days after the employee has been notified, pursuant to paragraphs 3(a) and (b).
d. The payroll deduction records of the employee shall be confidential.
e. Employee medical records, including psychiatric and psychological records, shall be confidential, provided however, at any hearing relative to an employee's competency or performance, the administrative law judge or panel shall have access to such records.
8. Notwithstanding other provisions of this Section, all aspects of each employee's personnel file shall be open to inspection at all times by Board Members, the Superintendent and the principal, or their respective designees, in the exercise of their respective duties.
9. Notwithstanding other provisions of this Section, all aspects of each employee's personnel file shall be made available to law enforcement personnel in the conduct of a lawful criminal investigation.
A. The term "personnel file", as used in this Section, shall mean all records, information, data, or materials maintained by a public school system, in any form or retrieval system, whatsoever, with respect to any of its employees, which is uniquely applicable to that employee, whether maintained in one or more locations.
B. All personnel files shall be maintained in accordance with Chapter 1012.31, Florida Statutes. Any employee shall have the right to request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from that his/her personnel file except as such may be brought into conformity with the statutes.
C. Work-site personnel files shall be established and maintained in conformity with provisions of Florida Statutes, Chapter 1012.31.
D. All documents and materials pertaining to the implementation and maintenance of personnel files, including provisions of the document entitled "Personnel Files Procedures,” applicable to the members of the UTD bargaining unit, are by reference incorporated and made a part of an official permanent recordthis Contract. All departments employing peace officers covered Referenced documents shall not be changed, except by mutual consent of the Peace Officers Bill of Rights shall comply with its provisionsparties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee13.01 There shall be one (1) official University file, or hereinafter referred to as the personnel file. This file shall be maintained and stored in the Xxxx'x Office. In addition the Human Resources Department shall maintain a salary and benefits file. These files shall be the only files used in decisions respecting any and all terms and conditions of employment of a Member. Once each calendar year the Human Resources Department shall inform each Member of his/her certified representative with the written consent current status in terms of salary and benefits.
13.02 A Member shall be informed, in writing, of additions to his/her personnel file and be given one copy of the employee, may inspect that employee's document being added to the personnel file unless the document has been supplied by the Member and acknowledged by the Xxxx. Where a document is expunged from the personnel file, the document shall be destroyed, and the Member shall be informed in writing.
(a) A Member shall have access to the entire contents of his/her personnel file upon request and with reasonable notice to the exception of all material obtained Xxxx, but not later than seven (7) calendar days following the request.
(b) A Member shall not remove any document from other employers and agencies the personnel file. The Employer reserves the right to have its representative present at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding a Member is examining his/her work performance personnel file.
13.04 A Member has the right to discuss with the Xxxx the accuracy or conduct if such statement is to be placed in meaning of any of the contents of his/her personnel file. The employee A Member shall acknowledge that he/she has read such material by affixing his/her signature on have the copy right to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed included in his/her personnel file except as such may be a part his/her written comments on the accuracy or meaning of an official permanent record. On the face any of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request file and shall have any written warnings or reprimand(s) issued more than two (2) years prior the right to have removed from his/her personnel file except as such may any material which he/she can show is false, irrelevant or unsubstantiated. Such requests for removal shall be a part of an official permanent record. All departments employing peace officers covered made in writing to the Xxxx.
13.05 A Member's personnel file shall contain data pertaining to the Member's personal employment history including but not limited to academic records, employment records, evaluations by the Peace Officers Bill Xxxx and Associate Deans, authorized student evaluations, disciplinary documents, salary documents and correspondence relating to a Member's terms and conditions of Rights employment.
13.06 No anonymous material shall comply be retained in the personnel file except for cumulative results of student evaluations of teachers obtained by using forms duly authorized pursuant to this Collective Agreement.
13.07 Unless authorized in writing by the Member, no information or material contained in the personnel file shall be made available to any person except when required:
(a) for normal administrative purposes,
(b) for the tenure review process,
(c) for grievance and arbitration purposes,
(d) by this Collective Agreement,
(e) by law.
13.08 The personnel file shall contain a record of all persons granted access and the date of access to the personnel file with its provisionsthe following exceptions:
(a) Xxxx'x Office authorized personnel;
(b) Human Resources; and
(c) the Member. A Member may request, from the person granted access, the reason(s) for the access to the personnel file.
13.09 A Member shall not have access to confidential material. Confidential material shall be restricted to signed letters of reference and evaluations which the Member has solicited or for the soliciting of which he/she has given approval.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Personnel Files. An employee, 13.1 A personnel file for each unit member shall be maintained in the Board office. This shall be considered a confidential file and the only official file of recorded information on unit members.
13.2 Request of unit members to have access to their personnel files shall be handled by the Treasurer or his designee according to the following procedures:
A. A unit member will have access to his/her certified representative personnel file during regular office hours, subject to the availability of the Treasurer or designee.
B. Records shall be examined only in the presence of the Treasurer or his designee and shall not be removed from the immediate area.
13.3 All materials shall be placed in the personnel file of unit members in accordance with the written consent following provisions:
A. Each item shall bear the date it was placed in the file;
B. Prior to filing copies of general conference reports, observations/evaluation reports, and anecdotal records, the administrator originating the item and the unit member shall sign the same; provided in the event of the employeerefusal of the unit member to sign the item, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee item shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding filed with an appropriate notation of his/her work performance refusal to sign.
C. The fact that material bears the signature of the unit member concerned does not indicate agreement or conduct if such disagreement by the unit member. Rather, it indicates the unit member is aware that the material is in the file.
D. A unit member may attach a written statement of reply to any item which is placed in his/her personnel file.
E. A unit member will be entitled to a copy of any material in his/her file at his/her expense.
F. No material derogatory to an employee’s conduct, service, character, or personality shall be placed in his/her personnel file. The file unless the employee shall acknowledge that he/she has read had the opportunity to review such material by affixing his/her signature on to the copy to be filed, with the express understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate in no way indicates agreement with its contentthe contents thereof. If The employee shall also have the employee refuses right to sign, the supervisor shall note submit a written answer to such material and his/her refusal on answer will be reviewed by the copy appropriate personnel administrator and attached to the copy. Only material containing the original signature of the employee shall be filed along placed in the file.
G. Material in a personnel file may also be removed after a meeting between the unit member and the administrator making the entry and with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits approval of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document Superintendent.
H. Anonymous materials shall not be placed in a unit member’s file.
13.4 Items such as the official following will be maintained in the personnel file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation electronic format of a specific provision unit member:
A. Copies of this agreement. Management agrees that no properly used full paid sick leave used Observation-Evaluation reports
B. Copies of general conference reports
C. Record of employment including assigned duties, regular and supplemental, years of service in the twelve months immediately prior to an Appraisal district, and other pertinent employment information
D. In-Service training data
E. Prior employment verification
F. Selective service records/military records
G. Salary notices
H. Letter of Promotability merit or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request awards I. Medical records and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.emergency medical forms J. Sick leave records K. Personal leave records L. Vacation records M. Contracts
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Personnel Files. An A. The Board will create and maintain an official personnel file on each bargaining unit employee. It will allow an employee access to his official personnel file. The Superintendent agrees to notify an employee, upon his request, of any official records being added to his official file. This notification will cover all official personnel files kept by immediate supervisors or the Superintendent.
B. A bargaining unit member shall be notified immediately and have the opportunity to read any material which may be considered critical of his/her certified representative with the written consent of the employeeconduct, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised ofservice, and entitled to readcharacter, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement personality as it is to be placed in his/her personnel file. The employee A bargaining unit member shall acknowledge that he/she has read such the material by affixing his/her signature on to the copy to be filed, with the understanding that such . His/her signature merely signifies that he/she has read the material to be filed but does shall not necessarily indicate agreement with its content. the content of the material but indicates only that the material has been read by the bargaining unit member.
C. If the employee refuses to signdisputes the accuracy, the supervisor shall note his/relevance, timeliness, or completeness of information on him or her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee maintained in said file, he or she may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or request within ten (10) business days following final determination that the Board investigate the current status of the information within ten (10) days of receiving the request. The Board must make a reasonable investigation to determine if he/she has filed the disputed information complies with the provision of law. Said employee shall have the right to add rebuttal or request a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have hearing with the Board on any written warnings issued more than one year prior placed in an envelope and sealed material in his/her file that he/she deems incorrect or incomplete. No anonymous material shall be kept in an employee’s file. This does not apply to evaluations, which are covered under Article 32.
D. Material, other than that which is covered under the discipline procedure or which is evaluative in nature, shall be removed from a bargaining unit member’s personnel file except and placed in a separate file to be maintained only for as such may long as required by applicable law, if the material is determined to be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee inaccurate or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except unfair as such may be a part of an official permanent record. All departments employing peace officers covered sustained by the Peace Officers Bill of Rights grievance procedure. This section shall comply with its provisionsnot prevent an employee from filing a grievance concerning whether evaluations are being performed annually or whether agreed-upon evaluation materials are being used pursuant to Article 32, Evaluation Procedure.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Personnel Files. An employee15.1 All material held by the Employer pertaining to each Employee shall be included in the Employee’s individual personnel file, or his/her certified representative and each Employee shall be given a copy of any additions made to their file in a timely fashion. A list of contents shall be kept in each personnel file, which will be updated with each addition.
15.2 Each Employee and, with the Employee’s written consent of the employeeconsent, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee their agent shall be advised of, and entitled have access to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her their personnel file. The employee files shall acknowledge that he/she has read such material by affixing his/her signature on the copy continue to be filedstored in the main CUASA Office.
15.3 The Employer agrees not to use in any grievance or arbitration proceeding any record or document of which the Employee has not been made aware prior to the commencement of such proceeding unless such record or document could not have been made available to the Employer upon the exercise of reasonable diligence and provided that the Employee may in any event consent to the use of any relevant record or document.
15.4 Subject to Articles 15.2 and 15.5, an Employee’s personnel file shall not be revealed to anyone other than the President, or their sole designate. Prior written notice shall be given to the Employee whose file has been requested specifying who will be consulting the file.
15.5 In accordance with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement Article 27.3, when dealing with its content. If the employee refuses to signmatters of discipline, the supervisor Staff Relations Committee shall note his/her refusal on have access to the copy to be filed along with Employee’s disciplinary record, the supervisor's signature most recent annual report, and the signature of a witness President’s response to the employee's refusal to signmost recent annual report, if any. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limitsOtherwise, the document becomes Staff Relations Committee shall not have access to any part of the official personnel file. If Prior written notice shall be given to the employee does Employee whose file a grievance within has been requested specifying who will be consulting the designated time limits, said document file.
15.6 An Employee shall not be placed have the right to add any comment to any element(s) of their file up to thirty (30) days following notification that the item has been included in the official file.
15.7 No anonymous material shall be contained in an Employee’s file nor referenced or used in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision Agreement. The use of any such anonymous material in any procedure in violation of this Article shall not be subject to at the Arbitration provisions discretion of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior Employee involved be sufficient, to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictioninvalidate those procedures." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Personnel Files. An Employees shall have the right to review by prior appointment all materials in their personnel file. A designee from the District shall be present during this review. Employees shall have the opportunity to review all materials originating from within the District before they are made a permanent part of their personnel file. No evaluation, correspondence or other material making derogatory reference to an employee, ’s character or his/manner shall be kept or placed in the personnel file without notification to the employee who will be given the opportunity to attach his or her certified representative with own comments to the written consent of document(s) placed in the personnel file. Any derogatory material not shown to an employee within fifteen (15) days after receipt or composition shall not be allowed as evidence in any grievance or in any disciplinary action against the employee. No evaluation, may inspect that correspondence or other material making derogatory reference to an employee's ’s character or manner shall be kept or placed in the personnel file with the exception employee having been provided a copy first and been provided the opportunity to attach his or her own comments. Such written response shall become part of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her ’s personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy In addition to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to signpersonnel files, the District maintains district records as evidence of handling matters related to grievances and potential litigation. These materials are kept separate from the employee’s personnel files and cannot be used to discipline employees without following the other provisions of this Agreement related to timelines, due process and progressive discipline. An employee’s supervisor shall note his/may maintain a supervisory file at his or her refusal on worksite. The supervisory file is kept for the copy to be filed along with the supervisor's signature and the signature purpose of a witness containing material pertinent to the employee's refusal to sign. The employee may file a grievance regarding any such document within ’s performance and for the prescribed time limits completion of the grievance procedureemployee’s evaluation. If the employee fails to file a grievance within the designated time limits, the document becomes part Such materials will not be retained beyond completion of the official file. If the employee does file a grievance within the designated time limits, said document shall final evaluation and will not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until personnel file. Upon request, the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation employee will be referenced on such forms. The employee may attach allowed copy(s) of materials from his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing at his/her personnel file, an expense. An employee may submit a request to the Superintendent for the removal and have destruction of any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee derogatory or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two deleterious materials any time after three (23) years from the date of issue of the documents in the sealed envelopeinclusion, except as prohibited by law. An employee on reviewing his/her personnel file, may request and shall have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered the right to appeal to the School Board if not satisfied by the Peace Officers Bill results of Rights shall comply the request. Nothing in this Agreement precludes the District from providing documents in accordance with its provisionspublic disclosure laws. The District will notify the employee prior to the release of any requested documents.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employeeA. Official Personnel Files
1. Upon reasonable notice to the Personnel Office, bargaining unit employees shall have access to all of the materials in their official personnel file, whether written or his/her certified representative electronic, during normal Personnel Office business hours. In addition, with written authority from the written consent employee or in the company of the employee, a designated CASE representative may inspect that review the employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hiredfile. An employee Said written authorization shall be advised of, and entitled to read, any written statement valid for the period of time specified by the employee's supervisor . Access to the file shall be during regular personnel office hours. The file shall not be removed from the personnel office. The employee and the CASE representative, with written authorization from the employee, shall each be allowed a copy of the material in the personnel file.
2. Materials included in the personnel file, whether written or departmental Management regarding his/her work performance or conduct if such statement electronic, shall be retained for a period of time specified by each department, except that material in the file of a negative nature that is older than three (3) years shall be removed by personnel office employees who discover it upon accessing the file for any purpose. The act of removing dated negative material shall be accomplished in a manner which is not apparent to anyone but other employees of the personnel office.
3. Material of a negative nature that is older than three (3) years shall not be placed the basis of an adverse action against any employee.
4. Each employee shall have the right to prepare a written rebuttal to any negative material in his/her personnel file. The employee Such rebuttal shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed included in his/her personnel file except until such time as that which it serves to rebut is removed from the file.
5. Evaluation material or material relating to an employee’s conduct, attitude, or service shall not be included in his/her official personnel file without being signed and dated by the author of such may material. Before the material is placed in the employee’s file, the department head or designee shall provide the affected employee an opportunity to review the material, and sign and date it. A copy of the evaluation material relating to an employee’s conduct shall be a given to the employee.
B. Unofficial Personnel Files Containing Employment-Related Information
1. This subsection applies to all written or electronic files maintained in the employee’s name by his/her department (other than the employee’s official personnel file) which contains employment-related documents. It includes but is not limited to supervisor’s files, and files containing medical information or performance evaluations.
2. Notwithstanding subsection (B)(1) above, employees and their representatives or designees shall not have access to files maintained as part of an official permanent recordongoing internal affairs investigation.
3. On Upon reasonable notice to the face person responsible for maintaining the file, bargaining unit employees shall have access to all material in the file which pertains to them. In addition, with written authority from the employee or in the company of the sealed envelope it shall read "The contents herein employee, a designated CASE representative may review the employee’s file. Said written authorization shall be disclosed only upon written consent valid for the period of time specified by the employee. Access to the file shall be during regular business hours for the person responsible for maintaining the file. The file shall not be removed from the office of the subject person responsible for maintaining it unless approved by that person in advance. The employee or by subpoena or other legal process and the CASE representative, with written authorization from the employee, shall each be allowed a public body of competent jurisdiction." The date the contents copy of the sealed envelope will be destroyed shall also appear on material in the face of envelopefile that pertains to the employee.
C. Access To Files
1. That date Official and unofficial files shall be two (2) years from considered confidential. They shall only be available to the date of issue of the documents in the sealed envelope. An employee on reviewing and his/her personnel filedesignee, may request the department head and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as designee, those in the employee’s direct supervisory chain of command, and others specified by statute.
2. The employee shall be informed in a timely manner of the service of a subpoena or a request pursuant to the California Public Records Act when such may be documents request release of information from the employee’s official or unofficial file(s), or of a part of an official permanent record. All departments employing peace officers covered by court order affecting the Peace Officers Bill of Rights shall comply with its provisionssame.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employeeThere shall be only one personnel file whose contents may be used in making, or his/her certified representative with supporting, and/or substantiating personnel decisions. This file shall be maintained in the written consent office of the employeeBoard and its contents must be accurate, may inspect that employee's personnel file with relevant, timely, and complete. It shall contain a record indicating who has reviewed it, the exception of all material obtained from other employers date reviewed, and agencies at the time that employee was hiredreason for such review. An employee Employees shall be advised of, and entitled notified of any non-administrative individual requests to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing review his/her personnel file, an it being mutually understood that this provision is not intended to interfere with the Board’s compliance with Ohio Revised Code Section 149.43 in response to public records requests. Any employee may request and shall have any written warnings issued more than one year prior placed in an envelope and sealed in the right to review with the Superintendent or his/her designee the contents of his/her personnel file except as such may be a part of an official permanent recordand shall have the right to attach comments to any contents in the file. On All materials placed in the face of the sealed envelope it shall read "The contents herein personnel file shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from dated with the date of issue of the documents placement in the sealed envelopefile and shall be initialed by the person placing the item in the file. An Any document or notation placed in the personnel file (fall under Public Records Law) which adversely reflects upon the employee’s conduct, service, character, shall be reported to the employee on reviewing hisand he/her personnel fileshe will be permitted to read the document or notation. The employee will acknowledge having read the material by signing it and has the right to attach a response. After five (5) years, the employee may request and have any written warnings or reprimand(s) issued more than two (2) years prior in writing to the superintendent that copies of reprimands be removed from his/her personnel file. If the superintendent finds no evidence of similar incidences, he/she may remove it. If there is a question as to whether or not the reprimands should be removed, the employee may request a hearing with the Superintendent. The employee may be represented by the Association. An employee shall be entitled to a copy of any material in his/her file except employment recommendations. Such copies shall be marked as issued to the employee and the employee shall be solely liable for dissemination of such marked copy. Administrators may maintain files on employees under their direct supervision. The contents of these files must be accurate, relevant, timely, and complete and each employee shall have the right to (1) review the contents of any such file; (2) have comments attached to the contents of any such file; and (3) have copies of the contents of any such file. Such copies shall be marked as issued to the employee and the employee shall be solely liable for dissemination of such marked copy. All materials placed in these files shall be dated with the date of placement in the files and shall be initialed by the person placing the item in the files. An administrator’s personal notes or records about an employee are not a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill central office or building personnel file and are not subject to the requirements of Rights shall comply with its provisionsthis section.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An Personnel Files Maintenance
X. Xxxxxxxx to Florida Statutes, Section 1012.31, Personnel Files, public school system employee personnel files shall be maintained according to the following provisions:
1. Except for materials pertaining to work performance or such other matters that may be cause for discipline, suspension or dismissal under laws of this state, no derogatory materials relating to an employee's personal conduct, service, character, or his/her certified representative with personality shall be placed in the written consent personnel file of such employee. No anonymous letter or anonymous materials shall be placed in the personnel file.
2. Materials relating to work performance, discipline, suspension, or dismissal must be reduced to writing and signed by a person competent to know the facts or make the judgment.
a. No such materials may be placed in a personnel file unless they have been reduced to writing within 45 calendar days, exclusive of the employeesummer vacation period, of the school system administration becoming aware of the facts reflected in the materials.
b. Additional information related to such written materials previously placed in the file may inspect that be appended to such materials to clarify or amplify as needed. A copy of such materials to be added to an employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised ofprovided to the employee either:
(1) By certified mail, and entitled return receipt requested, to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is address of record; or
(2) By personal delivery to the employee. The employee's signature on a copy of the materials to be placed in his/her personnel file. The employee filed shall acknowledge be proof that he/she has read such material by affixing his/her signature on materials were given to the copy to be filedemployee, with the understanding that such signature merely signifies that he/she has read the material to be filed but receipt of and does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official filecontents. If the employee does file not sign, the signature of the supervisor and a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject witness to the Arbitration provisions of refusal shall be obtained to acknowledge delivery to the Grievance Procedure unless they involve violation of employee.
c. The employee shall have the right to answer, in writing, any such materials in a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in personnel file and the twelve months immediately prior answer shall be attached to an Appraisal of Promotability or a Performance Evaluation will be referenced on such formsthe file copy. The employee may attach shall have the right to request that the Superintendent or his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance designee make an informal inquiry regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed material in his/her personnel file except as such may which the employee believes to be false. The official making the inquiry shall append a part written report of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her findings to the material. Upon request, the employee, or any person designated in writing by the employee, shall be permitted to examine the personnel file. The employee shall be permitted conveniently to reproduce any materials in the file, may request and have any written warnings at no cost or reprimand(s) issued at a cost of no more than two five cents per page and labor charges, if appropriate. The custodian of the record shall maintain a record in the file of those persons reviewing the file each time it is reviewed.
3. Public school system employee personnel files are subject to the provisions of Florida Statutes, Chapter 119, and School Board Policies 8320 and 1590, except as follows:
a. Any complaint and any material relating to the investigation of a complaint against an employee shall be confidential until the conclusion of the preliminary investigation, or until such time as the preliminary investigation ceases to be active. If the preliminary investigation is concluded with the finding that there is no probable cause to proceed further and with no disciplinary action taken or charges filed, a statement to that effect signed by the responsible investigating official shall be attached to the complaint, and the complaint and all such materials shall be open thereafter to inspection pursuant to Chapter 119 and School Board Policies 8320 and 1590. If the preliminary investigation is concluded with the finding that there is probable cause to proceed further or with disciplinary action taken or charges filed, the complaint and all such materials shall be open thereafter to inspection pursuant to Chapter 119 and School Board Policies 8320 and 1590. If the preliminary investigation ceases to be active, the complaint and all such materials shall be open thereafter to inspection pursuant to Chapter 119 and School Board Policies 8320 and 1590. For the purpose of this subsection, a preliminary investigation shall be considered active as long as it is continuing with a reasonable, good faith anticipation that an administrative finding will be made in the foreseeable future. An investigation shall be presumed to be inactive if no finding relating to probable cause is made within 60 calendar days after the complaint is made.
b. Employee evaluations prepared pursuant to Sections 1012.56, 1012.34 and 1012.33, Florida Statutes, or rules adopted by the State Board of Education or a local School Board under the authority of said sections, shall be confidential and exempt from the provisions of Chapter 119.07(1) until the end of the school year immediately following the school year during which each evaluation is made. No evaluations prepared prior to July 1, 1983, shall be made public pursuant to this Section.
c. No material derogatory to the employee shall be open to inspection until 10 calendar days after the employee has been notified pursuant to paragraph (2) years prior removed 2)(c).
d. The payroll deduction records of the employee shall be confidential and exempt from his/her Chapter 119.07(1).
e. Employee medical records, including psychiatric and psychological records, shall be confidential and exempt from Chapter 119.07(1); provided, however, at any hearing relative to an employee's competency or performance, the hearing officer or panel shall have access to such records. Notwithstanding other provisions of this Section, all aspects of each employee's personnel file except shall be open to inspection at all times by School Board members, the Superintendent, and the supervising administrator, or their respective designees, in the exercise of their respective duties. Notwithstanding other provisions of this Section, all aspects of each employee's personnel file shall be made available to law enforcement personnel in the conduct of a lawful criminal investigation.
B. The term "personnel file," as such may used in this Section, shall mean all records, information, data, or materials maintained by a public school system, in any form or retrieval system whatsoever, with respect to any of its employees, which is uniquely applicable to that employee, whether maintained in one or more locations.
C. Worksite personnel files shall be a part established and maintained in conformity with provisions of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsFlorida Statutes, Section 1012.31and School Board Policy 1590.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An
95. 1. Only one (1) official personnel file shall be maintained on any single employee, or . The official file shall be located in the Department's personnel office unless another location is designated and the employee notified in writing. Each employee shall have the right to review the contents of his/her certified representative with official personnel file upon request. Nothing may be removed from the written consent file by the employee but copies of the employee, may inspect that employee's personnel file with contents shall be provided to the exception employee at his/her request. Copies in excess of all material obtained from other employers and agencies 100 pages shall be at the time that employee was hireda charge of ten (10) cents per page.
96. 2. An employee shall be advised ofhave the opportunity to review, sign and entitled to read, date any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is and all material to be placed included in his/her personnel the file. The employee shall acknowledge that he/she has read may also attach a response to such materials within thirty (30) days of receipt. All material in the file must be signed and dated by affixing the author, except for routine payroll and personnel administration documents. The City may transmit documents to the employee at the employee's last known address by means of U.S. mail or hand delivery, except disciplinary notification which must be sent by certified mail when the employee is on leave.
97. 3. With the approval of the Appointing Officer or designee, the employee may include material relevant to his/her signature on performance of assigned duties in the copy file.
98. 4. Upon request of an employee subject to be filedthe approval of the Appointing Officer or designee, with the understanding that such signature merely signifies that he/she has read the material relating to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to disciplinary action in the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed which has been in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued for more than two (2) years prior removed from his/her personnel file except as such may be “sealed” (i.e. shall remain confidential) to the maximum extent legally permissible, provided the employee has had no subsequent disciplinary action since the date of such prior action. The envelope containing the sealed documents will be retained in the employee's personnel file, to be opened only for purpose of assisting the City in defending itself in legal or administrative proceedings. In no event will the sealed material be used for disciplinary proceedings against the individual in whose file the document (s) have been sealed. Performance evaluations are excluded from this provision.
99. 5. The above provision shall not apply in the case of employees disciplined due to misappropriation of public funds or property; misuse or destruction of public property; misconduct stemming from drug or alcohol abuse; mistreatment of persons (except mere verbal altercations not involving discrimination or threats of violence); acts which would constitute a part of felony or misdemeanor involving moral turpitude; and/or acts which present an official permanent record. All departments employing peace officers covered by immediate danger to the Peace Officers Bill of Rights shall comply with its provisionspublic health and safety.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Personnel Files. An employeeA. No material related to an A & S person’s conduct, service, character, or his/her certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee personality shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel filethe file unless it is signed by the person submitting the information. The employee person shall be given the opportunity to acknowledge that he/she the person has read such material by affixing his/her one’s signature on the actual copy to be filed, filed with the understanding that such signature merely signifies that he/she the A & S person has read the material materials to be filed but and does not necessarily indicate agreement with its contentcontents. No such material shall be used in a hearing against an A & S person unless opportunity for such review has been afforded. An A & S person’s refusal to sign will be noted by an administrator and a witness. If the employee refuses item has been sent to signthe administrator by “Certified Restricted Mail”, then the certified mail receipt may be attached to the item in lieu of the administrator’s signature on the copy.
B. The A & S person shall have the right to answer any material filed and the answer shall be attached to the file copy. The appropriate administrator or supervisor shall note affix signature to the reply indicating that such reply was read and noted.
C. A & S personnel shall be permitted to examine their files at all reasonable times during their employment by the Xxxxxxx County Board of Education and for a period of not less than thirty (30) days after such employment terminates. A designee of the Superintendent shall be present at all times. A copy of any document filed shall be provided the A & S person, at cost.
D. An A & S person’s file shall be open to inspection by only those persons whose official responsibilities require such inspection. With the exception of the Director of Personnel and his/her refusal on clerical staff when performing regular routine clerical duties, a record of the copy date and name of any person inspecting a file shall be maintained. This record shall be made available to be filed along with the supervisor's signature and the signature A & S personnel as provided for in sub-section 3 above.
E. Supervisors of A & S persons shall continue to place in an A & S person’s file information of a witness positive nature indicating special competencies, achievements, performances, or contributions of an academic, professional, or civic nature. Any such material received form competent, responsible outside sources shall also be included in an A & S person’s file.
F. Letters of personal references received prior to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall initial employment are confidential and not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no review.
G. Adverse material properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope A & S person’s file and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only not acted upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be within two (2) years from may be removed upon request by the date of issue A & S person with the approval of the documents Superintendent. All materials related to the A & S evaluation process shall be exempt from this provision.
H. Complaints in regard to A & S personnel which are, in the sealed envelopejudgment of the Superintendent, of a substantive nature will be discussed with the administrator or supervisor. An employee on reviewing his/her personnel fileIf subsequently a complaint is placed in the employee’s file by the Superintendent, a copy will be sent to the administrator or supervisor who may request respond in writing and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be the response become a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsfile.
Appears in 2 contracts
Personnel Files. An employee1. A bargaining unit member shall have the right to review his or her own personnel file upon reasonable request. At the discretion of the Superintendent, such review shall be in the presence of the Superintendent or his/her certified designee. Information which has been given in confidence to the Board in the nature of personnel references or sent by educational agencies may be removed prior to the review by the bargaining unit member. A bargaining unit member has the right to bring a witness of his/her choice to observe the review. In addition, the employee may permit, by written notice, an Association representative with to review the employee’s file.
2. Only one (1) personnel file for each bargaining unit member shall be kept for the purposes of employment decisions by the board and the Superintendent. This will be maintained in the central office.
3. No material may be removed from the personnel file by the bargaining unit member or bargaining unit member’s agent without the written consent approval of the Superintendent or his/her designee. Copies of such material shall be made available to the bargaining unit member at the expense of said bargaining unit member.
4. Written reprimands and/or critical letters or items of a disciplinary nature shall be removed, upon the request of a bargaining unit member, from the bargaining unit member’s file providing that three (3) years have elapsed from the date of the document. The expunged material shall be removed from the employee, may inspect that employee's ’s personnel file with and archived in an “inactive file” awaiting destruction per the exception district’s records retention policy.
5. Except for confidential information referred to in subsection one (1) above, a copy of all material obtained from other employers and agencies any document placed in a bargaining unit member’s file shall be provided to the bargaining unit member at the time that employee was hiredof such placement except for documents submitted by the bargaining unit member or documents required to be kept by law or regulations of the Department of Education (certificates, transcripts, etc.).
6. An employee The failure to provide such copy as identified under paragraph 5 above shall be advised ofgrounds to have such item removed from said bargaining unit member’s file, and entitled such failure shall preclude the use of such document in any proceeding in which the document could have otherwise been lawfully submitted. Once a copy has been provided in accordance with paragraph 5, the document can be used in any proceeding in which the document could have otherwise been lawfully submitted. If a court of competent jurisdiction subpoenas such document, the Board must comply.
7. The bargaining unit member shall have the opportunity to read, any reply to all material in a written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel fileattached to the filed copy if submitted within thirty (30) days from the member’s initial receipt of the document(s). The employee bargaining unit member shall acknowledge that he/she has read such the material by affixing his/her signature on having the copy following statement attached to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's material and with the bargaining unit member. “His/her signature and shall not indicate agreement with the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits content of the grievance procedurematerial, but shall indicate only that the material has been received by the bargaining unit member.”
8. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document Anonymous letters or materials shall not be placed in the official bargaining unit member’s file nor referenced in any Performance Evaluation or Appraisal shall they be made a matter of Promotability until record.
9. All information of an objective nature that will become part of the grievance procedure or civil service appeal rights have been exhaustedpersonnel file shall be accurate. Grievances filed under this provision If a dispute arises as to the accuracy of such information, the determination of such accuracy shall be made by the Superintendent who shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on exercise such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed authority in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee arbitrary or by subpoena or other legal process from a public body of competent jurisdictioncapricious manner." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 2 contracts
Samples: Negotiated Agreement, Negotiated Agreement
Personnel Files. An employee, or his/her certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that the employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management management regarding his/her his work performance or conduct if such statement is to be placed in his/her his personnel file. The employee shall acknowledge that he/she he has read such material by affixing his/her his signature on the copy to be filed, with the understanding that such signature merely signifies that he/she he has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her his refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall would not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope enveloped will be destroyed shall also appear on the face of the envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by Management agrees that no properly used full paid sick leave used in the Peace Officers Bill twelve months immediately prior to an Appraisal of Rights shall comply with its provisionsPromotability or a Performance Evaluation will reference on such forms.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Personnel Files. An employee, or Personnel files shall be filed in the confidential files at the Administration building. Each employee shall have the right to review the contents of his/her certified own personnel file. A representative with of the written consent Association may, at the employee's request, accompany the employee in such review. The review will be made in the presence of the Superintendent.
1. Any employee can request to see and will be permitted to examine his personnel file, so long as the employee does not remove any article from the file. An employee may receive copies of any information in the personnel file except as limited herein.
2. Privileged information such as confidential credentials and related personal references normally sought at the time of employment are specifically exempted from such review. The administrator shall in the presence of the employee, may inspect that employee's personnel authorized representative remove such credentials and confidential reports from the file with prior to a review of the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement file by the employee's supervisor .
3. Any employee receiving a written reprimand, or departmental Management regarding his/her work performance notice that may be put in his file and that may be used in any disciplinary action procedures, and is of a disciplinary nature, shall be given a copy of said written notice or conduct if such statement is to reprimand indicating that this records will be placed held in his/her file.
4. Communications including evaluations, recommendations and derogatory materials which are included in the personnel file, shall be called to the employee's attention at the time of inclusion.
5. Employees shall have the opportunity to read any material which may be derogatory to the employee's conduct, service, character or personality except as included above (i.e., confidential credentials and related personal references.) The employee shall acknowledge that he/she has he had read such the material by affixing hishis signature and the date to the file copy. His/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does shall not necessarily indicate agreement with its contentthe content of his materials but only indicate that the material has been inspected by the employee. If He/she shall have the employee refuses opportunity to sign, the supervisor shall note his/her refusal on the copy reply to be filed along with the supervisor's signature and the signature of such derogatory material in a witness written statement attached to the employee's refusal to signfile copy.
6. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document Anonymous letters and materials shall not be placed in the official an employee's file nor referenced shall they be a matter of record. Any materials placed in any Performance Evaluation or Appraisal the employee's file shall carry the date of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions enclosure and initials of the Grievance Procedure unless they involve violation of a specific provision of this agreementSuperintendent.
7. Management agrees There shall be nothing in an employee's personnel file indicating that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance, except while the grievance regarding such documentis pending and unresolved.
8. On reviewing his/her personnel fileLetters of reprimand, suspension, disciplinary actions and derogatory material shall not be used against an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be for disciplinary actions following a part thirty month period of an official permanent recordtime provided there has been no further occurrences requiring discipline within the thirty month period.
9. On the face of the sealed envelope it shall read "The contents herein Scheduled leave forms shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear kept on the face of envelope. That date shall be two (2) years from the date of issue of the documents file in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsTreasurer's office.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. 20.1 One personnel file for each Unit Member shall be maintained by the personnel officer of the District. Management working files and grievance files shall be separate from the official personnel file of the Unit Member.
20.2 Materials in the personnel file shall be made available for inspection by the Unit Member upon request.
20.3 Materials in personnel files of employees, which may serve as a basis for affecting the status of their employment, are to be made available for the inspection of the person involved. Every person shall have the right to inspect such materials upon request, provided that the request is made at a time when such person is not actually required to render services to the District.
20.4 Such material is not to include ratings, reports, or records that were obtained prior to the employment of the person involved, were prepared by identifiable examination committee members, or were obtained in connection with a promotional examination; except that the employee may have access to his or her numerical scores obtained as a result of a written examination.
20.5 Information of a derogatory nature, except material mentioned in the immediately preceding paragraph of this article, shall not be entered or filed unless and until the employee is given notice thereof and an opportunity to review and comment thereon. An employee shall have the right to enter and have attached to any such derogatory statement his or her own comments thereon. Such review may take place during normal business hours, and the employee shall be released from duty for this purpose for a reasonable period of time without salary reduction.
20.6 Subject to the above conditions, an authorized Association representative may accompany the employee in inspecting the employee's personal file; or may inspect the personnel file provided he/she first presents a current written authorization to do so signed and dated by the employee. An appointment shall be scheduled for such review as soon as practicable.
20.7 In the event the employee or his authorized representative requests copies of non-confidential materials, the District may charge the actual copying cost to the employee.
20.8 All material placed in a unit member's file shall be dated and signed by the person who caused the material to be prepared.
20.9 Material in the file, which is grieved under this contract, may be subject to removal as part of the ordered or agreed upon remedy.
20.10 Material in management working files on a unit member shall be available for inspection by the unit member or his/her certified authorized Association representative. "Authorized" means the employee has executed written permission for the representative with to view the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the Material submitted in confidence may be sealed off and a copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject file, which deletes reference to the Arbitration provisions identity of the Grievance Procedure unless they involve violation writer or source of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such formsmaterial. The employee may attach his/her statement existence of such working files in no way abrogates management's responsibility to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdictionfollow proper discipline procedures." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his/her his certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management management regarding his/her his work performance or conduct if such statement is to be placed in his/her his personnel file. The employee shall acknowledge that he/she he has read such material by affixing his/her his signature on the copy to be filed, with the understanding that such signature merely signifies that he/she he has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her his refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall would not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her his personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her removed from his personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Personnel Files. An employeeA. The permanent/official personnel file of each unit member shall be maintained at the Human Resources Office.
B. Materials in the permanent/official personnel file of each unit member, which may serve as a basis for affecting the status of the unit member’s employment, are to be made available for the inspection of the person involved. Such materials are not to include ratings, reports, or his/her certified representative records which (1) were obtained prior to the employment of the person involved, (2) were prepared by identifiable examination committee members, or (3) were obtained in connection with a promotional examination. Every unit member shall have the right to inspect such materials upon request, provided that the request is made at a time when such person is not actually required to render services to the District. Non-instructional personnel may be authorized to inspect such materials during their working hours when necessary and within reasonable limits upon request and approval by their immediate supervisor.
C. Information of a derogatory nature, except for information listed in the three numbered phrases in the paragraph immediately above, shall not be entered or filed unless and until the unit member is given notice and an opportunity to review and comment thereon. For purposes of this Article, the notice requirement shall be met with the written consent inclusion of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, following statement on any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is document to be placed in a unit member’s District personnel file: “A copy of this document shall be placed in your District personnel file. You have a right to enter, and have attached to this document your written response. You have fifteen (15) regularly scheduled workdays from the day you were presented this document to have your written response attached to the document prior to its placement in your file. Your signature on this document indicates that you received it on the date stated herein, and shall not signify your agreement with the content of the document.” After the effective date of this Agreement, all such material shall contain a reference as to the date(s) it was originally prepared and the name of the individual who determined that it should be filed. Review of any derogatory information shall take place during normal business hours, and the unit member shall be released from duty for this purpose without salary reduction.
X. Xx a unit member disagrees with materials or the contents of materials placed in the unit member’s permanent/official file, the unit member may prepare a written statement to be attached. Said written statement shall be filed within fifteen (15) of the unit member’s regularly scheduled workdays.
X. A unit member may obtain a copy of materials in his/her personnel permanent/official file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on , except for the copy to be filed, with information listed in the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits three numbered phrases in paragraph B.
F. Upon written authorization of the grievance procedureunit member, an Association representative may review the unit member's permanent/official personnel file or accompany the unit member in a review.
G. Material in a permanent/official personnel file shall be considered as confidential. If Access shall be limited to those individuals authorized by the employee fails to file District on a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall need-to-know basis.
H. Anonymous derogatory information will not be placed in the an employee’s permanent/official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employeeSection 1. The Chief Human Resources Office human resource information system is the system of record for all employee records and official employee Personnel File electronic and paper documents for which there are appropriate document categories in the system. The department, or his/her certified representative with agency under agreement to provide human resource services, stores paper documents of the written consent official employee Personnel File and paper documents that are not yet able to be kept in the human resource information system. The department, or agency under agreement to provide human resource services, also stores paper documents of the official employee Personnel File that predate January 1, 2019.
Section 2. An employee may, upon request, inspect and obtain a copy of digital or paper documents of their official employee Personnel File, paper documents that are not yet able to be kept in the human resource information system and paper documents of the official employee Personnel File that predate January 1, 2019. No grievance shall be kept in the Personnel Files after the grievance has been resolved except the resolution.
Section 3. No information reflecting critically upon an employee shall be placed in the employee's Personnel File that does not bear the signature of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An The employee shall be advised of, and entitled required to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if sign such statement is material to be placed in his/her personnel file. The employee shall acknowledge the employee's Personnel File provided the following disclaimer is attached: "Employee's signature confirms only that he/she the supervisor has read such material by affixing his/her signature on the discussed and given a copy to be filed, with the understanding that such signature merely signifies that he/she has read of the material to be filed but the employee, and does not necessarily indicate agreement with its contentor disagreement." If an employee is not available within a reasonable period of time to sign the material or the employee refuses to sign the material, the Department may place the material in the file provided a statement has been signed by two (2) management representatives that a copy of the document was mailed to the employee at the employee's address of record. A copy will also be mailed to the Union.
Section 4. If the employee refuses to signbelieves that any of the above material is incorrect or a misrepresentation of facts, the supervisor employee shall note his/her refusal be entitled to prepare in writing an explanation or opinion regarding the prepared material. This shall be attached to the disputed material included as part of the personnel record until the material is removed.
Section 5. An employee may include in the Personnel File copies of any relevant material the employee wishes, such as letters of favorable comment, licenses, certificates, college course credits or any other material which reflects credibly on the copy to be filed along with employee. The employee’s supervisor/manager will ensure the supervisor's signature and documents are submitted into the signature of a witness to employee’s official Personnel File in the human resource information system.
Section 6. At the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits request, record of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein disciplinary actions shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be removed two (2) years after the effective date of the action provided no incident of a similar nature has been documented in the intervening time. The employee will be sent the requested document within five (5) work days from the date receipt of issue request. Any period of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued leave of absence without pay that is more than two fifteen (215) years prior removed from his/her personnel file except as such may be a part days shall extend the retention period for that duration of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsleave.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his/her certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to receive and read, any written statement by the employee's supervisor or departmental Management management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has they have read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall would not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "“The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." ” The date the contents of the sealed envelope will be destroyed shall also appear on the face of the envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on On reviewing his/her personnel file, an employee may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsEmployees may review their personnel files while on work time.
Appears in 2 contracts
Samples: Memorandum of Understanding, Memorandum of Understanding
Personnel Files. 1. An employee, upon written request to or after prior arrangement with the State Bureau of Human Resources, or the appropriate official at his/her certified representative with work location or in his/her agency, shall be permitted to review his/her personnel files. Such review shall take place during normal office hours and shall be conducted under the written consent supervision of the employee, appropriate records custodian or agency representative. An employee may inspect that employee's review his/her personnel file with files at reasonable times during his/her regular work hours if such review does not require travel out of the exception of all material obtained from other employers and agencies at the time that employee was hirednormal work area. An employee shall be advised ofallowed to place in such file a response of reasonable length to anything contained therein which the employee deems to be adverse.
2. An employee's personnel file shall include, but not be limited to, all memoranda and entitled documents relating to readsuch employee which contain commendations, any written statement by employee performance appraisals or ratings and records of training programs completed.
3. In addition to the employee's supervisor or departmental Management regarding ’s right to view his/her work performance or conduct if such statement is file as set forth above, the employee shall have the right to be placed receive copies of materials included in his/her file as set forth below:
a. an employee may request, in writing, a copy of his/her entire personnel file no more than once in any twelve month period, at no cost to the employee;
b. an employee may request, in writing, a copy of all the material added to the personnel file after the copy of the entire file was provided;
c. an employee may request a copy of specifically identified documents in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on files;
d. if a document, other than routine processing documents, is added to the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If personnel file for an action of which the employee refuses to signis not reasonably aware, the supervisor shall note his/her refusal on the employee will either be notified or receive a copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such ; and
e. requested documents may be a part provided in paper copy or electronically at the discretion of management.
4. Upon request of an official permanent record. On the face employee, records of the sealed envelope it shall read "The contents herein warnings, reprimands, and preventable accident reports shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process removed from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two personnel files after three (23) years from the date of issue of the documents in occurrence provided that the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.has had no
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee18.1 The main, or his/her certified representative permanent personnel file of each employee shall be maintained at the County Office Administration Office. Any file kept by a supervisor of any employee shall not contain any material that is not in the main, permanent file which would result in any adverse action being taken against an employee based upon material which is not in the main, permanent personnel file.
18.2 Employees shall be provided with the copies of any written consent of material before it is placed in the employee's main, may inspect that permanent personnel file. The employee shall be given an opportunity to initial and date the material and to prepare a written response to such material. The written response must be submitted within ten (10) working days and shall be attached to the material.
18.3 An employee shall have the right to examine and/or obtain one copy of any material from the employee's main, permanent personnel file with the exception of all material that includes rating, reports, or records which were obtained from other employers and agencies at prior to the time that employment of the employee was hired. An employee involved.
18.4 All personnel files shall be advised of, kept in confidence and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to shall be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness available for inspection only to the employee's refusal to signimmediate supervisor and management employees of the County when actually necessary in the proper administration of the County's affairs or the supervision of the employee. The employee may County shall keep a log indicating the persons who have examined a main, permanent personnel file, as well as the date such examinations were made. Such log and the employee's main, permanent personnel file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If shall be available for examination by the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days representative if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such documentauthorized by the employee in writing. On reviewing his/her The log shall be maintained in the employee's main, permanent personnel file.
18.5 Any person who places written material or drafts written material for placement in an employee's main, an employee may request permanent file shall sign the material and have any signify the date on which such material was drafted. Any written warnings issued more than one year prior materials placed in an envelope and sealed in his/her a main, permanent personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear indicate on the face of envelope. That date shall be two (2) years from material the date of issue of such placement.
18.6 No disciplinary action shall be taken for any cause which arose prior to the documents in the sealed envelope. An employee on reviewing his/her personnel fileemployee’s becoming permanent, may request and have nor for any written warnings or reprimand(s) issued cause which arose more than two (2) years prior removed from his/her personnel file except as preceding the date of the filing Notice of Cause unless such may cause was concealed or not disclosed by such employee when it could reasonably be a part of an official permanent record. All departments employing peace officers covered by assumed that the Peace Officers Bill of Rights shall comply with its provisionsemployee should have disclosed the facts to the Employer.
Appears in 2 contracts
Samples: Articles of Agreement, Articles of Agreement
Personnel Files. An employeeDeans and/or Supervisors shall be encouraged to place in the personnel file of each Association member information of a positive nature indicating special competencies, achievements, performances, or contributions of academic, professional or civic nature. Any such materials received from outside, competent, responsible sources shall also be included in the file. One personnel file for each Association member shall be maintained in the Office of Human Resources and Labor Relations. An Association member may inspect his/her certified representative with the written consent of the employeefile upon request. No material derogatory to an Association member's conduct, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee service, character, or personality shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her the personnel filefile of the Association member unless that Association member has had an opportunity to read such material. The employee Association member shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding it. Be it understood that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with in question and that it indicates neither approval nor rejection of its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to signcontents. The employee may file a grievance regarding Association member shall have the right to answer in writing any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed material in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior his/her answer shall be attached to the file copy. Anonymous material shall not be placed in an envelope and sealed Association member's file No item may be removed from an Association member's file without his/her prior knowledge. No Association member will be able to examine another Association member's file unless prior written permission has been granted by the Association member. An Association member shall have the right to be furnished with copies of any material in his/her personnel file except as such may be a part file. A duly appointed representative of an official permanent record. On NJEA may, at the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing Association member's request, accompany said person when he/she reviews his/her file. The Board agrees to protect the confidentiality of the personnel filefiles, may request personal references, academic credentials, and have other similar documents. It shall not establish any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her separate personnel file which is not available for the Association member's inspection except as such may for pre-employment interviews and references which shall not be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights Association member's regular personnel file but shall comply with its provisionsbe kept in a separate locked file.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Personnel Files. An employee, or his/her certified representative with
7.1 A copy of each written document concerning an administrator which the written consent District places in the administrator’s permanent personnel file shall be provided to that administrator. The administrator must sign the personnel file copy of the employeedocument as acknowledgement of receipt of a copy of the document. Such signature is not to be construed as agreement to the contents of the document.
7.2 An administrator may prepare a written response, may inspect that employeewhich will become a part of the administrator's personnel file with and will remain a part of said file as long as the exception document responded to remains a part of all material obtained from other employers and agencies the file. In order to insure that the response is not inadvertently overlooked, the administrator will note under his or her signature on the document at the time the response is delivered that employee was hireda response has been made, and the document will be countersigned by the receiving administrator and shall be attached to the supervisor's document. If an administrator desires to make a written response to any document by the supervisor, the administrator's response must be made within fifteen (15) work days. Upon written request of the administrator, a waiver of the time limits by the supervisor, not to exceed (10) work days, may be granted. When a copy of the supervisor's written document is forwarded to any other location, a copy of the administrator's written response must be attached.
7.3 Access to personnel files of administrators shall be on a need-to-know basis only. Permanent files of administrators shall be kept in the personnel department and are strictly confidential. Review of such files shall be limited to the Superintendent/Designee, and authorized clerical personnel. Such reviews shall be noted by the date and signature of reviewer.
7.4 Admonitions issued to an administrator, who within the time granted for improvement has met the standards set for him/her by the administrator who issued the admonition, will be removed from the records of the administrator together with all notations and indications of its having been issued. An employee shall admonition may be advised ofremoved from the records of the administrator two (2) years after it is issued, but must be removed after three (3) years, as long as the administrator has received no subsequent negative materials for the same or related matter. It is understood the request to remove an admonition must be made in writing.
7.5 Letters or reports (other than evaluations or letters of admonition) that are critical of an administrator’s performance may be removed from the records of the administrator two (2) years after it is issued, but must be removed after three (3) years, as long as the administrator has received no subsequent negative materials for the same or related matter. It is understood the request to remove an admonition must be made in writing. This provision does not apply to letters or reports of substantiated criminal activity or investigations, arrests and convictions.
7.6 Only evaluations, documents identified as steps in progressive discipline, and entitled responses to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is evaluation and progressive discipline documents are to be placed in his/her the administrator’s official personnel files. Upon the request of the administrator and the approval of the School District, documents of commendation may also be included in the administrator’s official personnel files. It is understood that pre-employment information, individual contracts, communication from the personnel office related to placements, and information related to the administrative selection process is also kept in the administrator’s official personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on Settlement agreements, grievances, grievance decisions, and arbitration records will be placed in a separate file apart from the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the administrator’s working or official personnel file. If the employee does file a grievance within the designated time limits, said document Medical records shall not be placed in the administrator’s official personnel files.
7.7 Admonitions issued to an administrator, who within the time granted for improvement has met the standards set for him/her by the supervisor who issued the admonition, will be removed from the records of the administrator, together with all notations and indication of its having been issued, upon written request of that administrator. When the written request is received by the School District, the admonition and any written response from the administrator’s official personnel file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not must be subject returned to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or administrator within ten (10) business days following final determination if he/she has filed a grievance regarding such documentschool days.
7.8 Documents that are removed from the administrator’s official personnel files are to be returned to the administrator. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her Copies of documents that are removed from the administrator’s official personnel file except as such may be maintained in a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents file in the sealed envelope. An employee Office of District Counsel and is accessible on reviewing his/her personnel file, may request and have any written warnings in the defense of litigation or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part in the defense of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisionsemployment related actions.
Appears in 2 contracts
Samples: Master Contract, Master Contract