Common use of Personnel Files Clause in Contracts

Personnel Files. 4.1.1 The official personnel file of each unit member shall be maintained at the District's central Human Resources Office. 4.1.2 A unit member shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 9 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Personnel Files. 4.1.1 14.01 Official personnel files maintained by the Board about members of the bargaining unit are records of the employment history of the member in the University. Subject to the provisions of this Agreement, the contents and use of the official personnel file are for decisions respecting terms and conditions of the employment of a member. The purpose of this Article is to ensure that the files are used in an appropriate manner and fairly represent the member's employment history. 14.02 There shall be one official personnel file maintained in the office of Human Resources or in such other location designated by the President for each member which shall include some or all of the following items: (A) pre-employment materials including correspondence associated with the application, curriculum vitae, transcripts, and letters of reference; (B) copies of letters relating to Board actions respecting the member, including initial appointment, annual renewal of appointment, granting of a continuing appointment, approved leaves of absence, administrative appointments, etc.; (C) correspondence related to the member's employment between the member and any of the following: the President, the Xxxxxxx and Vice-President (Academic), the Xxxx/University Librarian, the Chair, the Director; (D) materials relating to recommendations on salary, tenure, continuing appointment, and promotion; (E) materials respecting professional development and achievement; (F) copies of the faculty member's annual reports; and (G) copies of the librarian member's performance reviews. 14.02.01 The Xxxx and the Chair/Director and the University Librarian may keep a file on a member, but such files shall not constitute the member's official personnel file. These files may contain copies of some or all of the material kept in the official personnel file. The official personnel file of each unit member and any other files kept pursuant to 14.02.01 shall be maintained at clearly marked as confidential. All the District's central Human Resources Officerestrictions specified in this Article which apply to the official personnel file apply equally to all files referred to in this Article. 4.1.2 A unit member 14.03 An inventory sheet shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any material be included in her/his each official personnel file. Each official personnel file shall contain a form indicating the name of anyone who has accessed the file, except those excluded the date and time the file was accessed, and the reason for accessing the file (pursuant to Article 14.06). Such recording shall exclude required access for filing and administrative purposes by law, by appointment Human Resources staff. 14.04 No anonymous material shall be kept in a member's official personnel file. Any anonymous material in a member's official personnel file when this Agreement comes into effect shall be removed and destroyed. 14.05 Confidential material kept in a member's official personnel file shall be subject to the following rules of storage: (A) confidential material is limited to signed letters of reference solicited with the knowledge of the member, and any other letter or document transmitted in confidence which the member, his/her Chair/Director, the University Librarian, the Xxxx, the President, the Xxxxxxx and Vice-President (Academic), the Director of Human Resources Office. Material not available Resources, or a Committee solicited pursuant to this Agreement; and, (B) a member shall receive an inventory of the confidential materials in his/her official personnel file on request to the unit member includesPresident, but is not limited to, materials, which were obtained prior such an inventory to include the employment date and general subject matter of the unit memberconfidential material. 4.1.3 14.06 The official personnel file shall be the only source of confidential personal employment information used in any official University proceeding. The official documents constituting the file shall be the paper originals or, in the event the original document is received in facsimile or electronic form, an accurate paper copy. Such material may be used as follows: (A) renewal of a probationary appointment, pursuant to Article 23; (B) tenure, pursuant to Article 25; (C) promotion, pursuant to Article 26; (D) grievance and arbitration, pursuant to Article 30; and, (E) other proceedings with the written permission of the member and in addition, the official personnel file for librarians may be used for; (F) appointment, pursuant to Article 20; (G) performance reviews, pursuant to Article 21. 14.07 Upon written request to the Xxxxxxx and Vice-President (Academic), a member and/or an agent authorized in writing by the member shall have the right to examine the contents of his/her official personnel file in the Human Resources office, except for confidential material described in 14.05(A). Such examination shall be in the presence of a person designated by the Director of Human Resources. The member shall not be allowed to remove his/her official personnel file or any part thereof from the Human Resources office. Upon written request the member shall obtain at his/her expense copies of the documents to which he/she has the right of examination. 14.07.01 Upon written request to the Xxxx, Chair/Director, or University Librarian, a member shall have the right to examine the contents of his/her personnel files pursuant to 14.02.01, if such files exist. Such examination shall be in the presence of a person designated by the Xxxx, Chair/Director, or University Librarian. The member shall not be allowed to remove his/her personnel file or any part thereof from the relevant office. Upon written request the member shall obtain at his/her expense copies of the documents to which he/she has the right of examination. 14.08 A member shall have the right to include in his/her official personnel file written comments on the accuracy or meaning of any of the non-confidential contents of the file, and to add to the file any documents that he/she deems relevant. 14.09 No information contained in the official personnel file of a member, in a member's file kept in confidence the Xxxx'x office, or University Librarian's office, or in University payroll records, shall be made available to any other person or institution, except as authorized by this Agreement, by law, by the member in writing, or by the President for internal University administrative purposes. Access required by law shall be granted only to an individual holding a subpoena or a search warrant, and shall be available for inspection granted only by the unit memberXxxxxxx and Vice-President (Academic) or someone designated by him/her in writing. The Xxxxxxx and Vice-President (Academic) shall notify the member concerned immediately, her/his representative of AFT stating the person or persons granted access and the legal reasons for granting this access unless such notification is prohibited by legal statute. 14.10 The Vice President (with Academic) shall advise the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary member in advance if any contents in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall are to be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursdestroyed. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 8 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 Section 9.1 The Employer/University Administration shall maintain one official personnel file for each member of each unit member shall be maintained at the District's central Human Resources Officebargaining unit. 4.1.2 Section 9.2 A bargaining unit member shall have the right to inspect his/her personnel file during normal regular business hours upon advance request, and shall have the right to copy materials at his/her expense. The Union shall have access to inspect a bargaining unit member's personnel file, and to copy materials at Union expense, during regular business hours upon advance request and upon prior written authorization of such bargaining unit member. The file shall be inspected by the bargaining unit member or the Union in the presence of a Human Resources representative. The right to inspect and copy the contents of the District Administrative Offices personnel file shall extend to examine and/or obtain a copyall materials in the file with the sole exception of letters of recommendation to which the individual has waived access at some point and which are therefore treated as confidential in nature. Prior to inspection of the file, at these confidential letters of recommendation shall be removed temporarily from the file in the presence of the bargaining unit member’s expense, or the Union. Section 9.3 The Union agrees to indemnify and hold the Employer/University Administration and its officials, agents, representatives and employees harmless from and against any and all liability for any improper, illegal or unauthorized use by the Union of information contained in such files. Section 9.4 The bargaining unit member may challenge the accuracy or propriety of any material contained in herhis/his her file by filing a written statement in the personnel file. If the Employer/University Administration and an employee agree that certain factual information in his/her personnel file is inaccurate, such information shall be corrected or expunged. Section 9.5 It shall be the responsibility of each bargaining unit member to inform the campus Human Resources Office of any change in: name; address; dependents; beneficiary, or marital status. The University will notify bargaining unit members if it requires any additional information in order to determine benefit eligibility. Section 9.6 A copy of any item that comes into the campus Human Resources Office for an individual's official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material file and which does not available indicate that a copy was provided to the bargaining unit member includes, but is not limited to, materials, which were obtained prior or contain the bargaining unit member's signature will be sent to the employment of the bargaining unit member. 4.1.3 Section 9.7 Upon request of the employee, negative material shall be removed from the employee’s Personnel File unless the Contract Administrator determines it shall not be removed. In making a decision as to whether material will be removed, the Administrator shall consider the time which has elapsed since the material was placed in the employee’s file, the employment record of that employee, and the importance of the material to maintaining necessary information about an employee’s University service. The official personnel decision of the Administrator as to whether material will be removed from the file shall be kept issued in confidence and writing with reasons. In the case of material that is more than two years old, the decision of the Administrator shall be available subject to review through the grievance arbitration procedure as to whether the decision to not remove material was unreasonable. The parties agree to use an expedited process with the Board of Conciliation and Arbitration for inspection only those decisions by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied Administrator that are challenged by the unit member) and authorized administrative employees Union in arbitration pursuant to this Section. The parties recognize that letters of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves suspensions are considered negative material under the direction terms of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursthis Section. 4.1.4 Material derogatory to a unit memberSection 9.8 The University’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel filecurrent Fair Information Reporting Practices are incorporated into this agreement. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 7 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The official 14.4.1 Materials in personnel file files of each unit member shall members which may serve as a basis for affecting the status of their employment are to be maintained at made available for the District's central Human Resources Office. 4.1.2 A unit member shall have the right during normal business hours inspection of the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any person involved. Such material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited toto include ratings, materialsreports, or records which were obtained prior to the employment of the unit member involved. 14.4.2 Every unit member shall have the right to inspect such materials upon request, provided that the review is made at a time when such person is not actually required to render services to the District, except that inspection may be done during the regular work day if the unit member is involved in a negative evaluation procedure and has been required to participate in the PAR Program as a Referred Participating Teacher, or action has been taken to dismiss the unit member. In the event the unit member is involved in a negative evaluation, the District shall provide, if requested, substitute service during the unit member’s absence, but requests for such substitute time shall be limited to three (3) per year for any one unit member. 4.1.3 14.4.3 Public charges or information of a derogatory nature, except material mentioned in Section 14.4.2, shall not be entered or filed unless, or until, the unit member is given notice and an opportunity to review and comment thereon and entrance of material into the file has been approved by the unit member’s immediate supervisor. The official unit member shall have the opportunity to rebut all complaints and shall be offered an opportunity to a hearing with the accuser within five (5) days of the charges. The unit member shall have the right to enter, and have attached to any such derogatory statement/complaint, his own comments thereon. Such review may take place during normal business hours, if the unit member so desires, and the unit member shall be released from duty for this purpose without salary reduction. No material shall be removed from the personnel file unless there exists statutory authority to do so. It shall be the responsibility of the person requesting removal of material from the personnel file to cite the legal authority for such removal. Notwithstanding any other provision of this article, material shall not be removed from the personnel file unless such material has been in the file at least five (5) years and removal has been approved by the unit member’s immediate supervisor and the Superintendent. Administrative approval for removal of material from the personnel file shall not be kept in confidence unreasonably withheld if appropriate authority exists and is cited for such removal. If administrative approval to remove material from the personnel file is denied, the administration shall, if requested by the affected unit member, give a written explanation within ten (10) working days of the reasons for denying approval. If approval is denied, the unit member shall be available for inspection only have recourse through the grievance procedure. 14.4.4 Upon written authorization by the unit member, her/his a representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include permitted to examine the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until to obtain copies (except where prohibited herein) of materials within the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has . 14.4.5 Any review of personnel files provided for herein shall take place in the right to respond in writing within thirty (30) calendar days presence of the date District employee responsible for the safekeeping of such personnel files. 14.4.6 Access to personnel files shall be limited to the Board in session or its designee and members of the material or disciplinary letter and District administration on a “need to have that response attached to the letterknow” basis. The unit member may forward a copy contents of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included all personnel files shall be kept strictly confidential. 14.4.7 The person or persons who draft and/or place materials in the unit member’s personnel file shall sign the material and signify the date on which such material was drafted and placed in the file. 4.1.5 Upon the request of 14.4.8 The District shall maintain the unit member, all materials, except those ’s personnel file at the District Office. Any files kept by the unit member’s immediate supervisor for the purpose of evaluation shall not contain derogatory materials referenced in Section 4of which the unit member has not been notified.

Appears in 7 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 19.1 The College will maintain an official personnel file for all faculty members, which will include copies of each unit all communications with the faculty member regarding application, appointment (including conversion) and contract; payroll action forms; documentation of professional leaves, leave without pay, sponsored research and sabbatical reports; transcripts, hiring forms, current letters of evaluation and all prior evaluative material, including materials from the Deans and the Xxxxxxx; and documents memorializing faculty discipline. These files shall be maintained at by the District's central Human Resources OfficeOffice of the Xxxxxxx. 4.1.2 A unit member shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain 19.2 Materials placed in a copy, at the unit faculty member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not file regarding performance or discipline shall be made available to the unit member includesfaculty member. Faculty members may respond to material included in their personnel file and may provide responsive material for inclusion in their file. Information related to alleged misconduct that is determined to be false, but or that the parties agree to remove from a file as part of a grievance settlement, shall be promptly destroyed. The College may retain copies of such material if it is not limited torelevant to actual or reasonably anticipated legal action. 19.3 Faculty members may review their personnel file and upon request shall receive a copy of their personnel file. With written authorization from the faculty member, materials, which were obtained prior to the employment UFE or one of its representatives may review and/or receive a copy of all or part of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit faculty member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days copy of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included signed authorization form will be retained in the unit faculty member’s personnel file. The faculty member and/or representative may not remove any contents. 4.1.5 Upon 19.4 Personnel files will be maintained in a secure manner. Access to personnel files will be restricted to those responsible for maintaining the files and those who have a legitimate business or legal need to review material kept in the files. External letters of evaluation, when required, are confidential to the extent allowed by law. 19.5 The College will not release evaluative or disciplinary material from faculty members’ personnel files in response to requests from third parties, unless it is required to do so to comply with its obligations under state or federal law. The faculty member will be notified in writing of any requests for material under public disclosure laws at least five (5) business days prior to releasing the information. 19.6 Medical files will be kept separate and confidential in accordance with state and federal law, including compliance with Health Insurance Portability and Accountability Act (“HIPAA”). Faculty members may review their medical file and upon request shall receive a copy of their medical file. 19.7 The College may charge a reasonable fee beyond the unit member, all materials, except those first copy for copying any materials referenced in Section 4from personnel or medical files requested by the faculty member and/or his or her representative.

Appears in 7 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The official 14.4.1 Materials in personnel file files of each unit member shall members which may serve as a basis for affecting the status of their employment are to be maintained at made available for the District's central Human Resources Office. 4.1.2 A unit member shall have the right during normal business hours inspection of the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any person involved. Such material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited toto include ratings, materialsreports, or records which were obtained prior to the employment of the unit member involved. 14.4.2 Every unit member shall have the right to inspect such materials upon request, provided that the review is made at a time when such person is not actually required to render services to the District, except that inspection may be done during the regular work day if the unit member is involved in a negative evaluation procedure and has been required to participate in the PAR Program as a Referred Participating Teacher, or action has been taken to dismiss the unit member. In the event the unit member is involved in a negative evaluation, the District shall provide, if requested, substitute service during the unit member’s absence, but requests for such substitute time shall be limited to three (3) per year for any one unit member. 4.1.3 14.4.3 Public charges or information of a derogatory nature, except material mentioned in Section 14.4.2, shall not be entered or filed unless, or until, the unit member is given notice and an opportunity to review and comment thereon and entrance of material into the file has been approved by the unit member’s immediate supervisor. The official unit member shall have the opportunity to rebut all complaints and shall be offered an opportunity to a hearing with the accuser within five (5) duty days of the charges. The unit member shall have the right to enter, and have attached to any such derogatory statement/complaint, his own comments thereon. Such review may take place during normal business hours, if the unit member so desires, and the unit member shall be released from duty for this purpose without salary reduction. No material shall be removed from the personnel file unless there exists statutory authority to do so. It shall be the responsibility of the person requesting removal of material from the personnel file to cite the legal authority for such removal. Notwithstanding any other provision of this article, material shall not be removed from the personnel file unless such material has been in the file at least five (5) years and removal has been approved by the unit member’s immediate supervisor and the Superintendent. Administrative approval for removal of material from the personnel file shall not be kept in confidence unreasonably withheld if appropriate authority exists and is cited for such removal. If administrative approval to remove material from the personnel file is denied, the administration shall, if requested by the affected unit member, give a written explanation within ten (10) duty days of the reasons for denying approval. If approval is denied, the unit member shall be available for inspection only have recourse through the grievance procedure. 14.4.4 Upon written authorization by the unit member, her/his a representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include permitted to examine the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until to obtain copies (except where prohibited herein) of materials within the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has . 14.4.5 Any review of personnel files provided for herein shall take place in the right to respond in writing within thirty (30) calendar days presence of the date District employee responsible for the safekeeping of such personnel files. 14.4.6 Access to personnel files shall be limited to the Board in session or its designee and members of the material or disciplinary letter and District administration on a “need to have that response attached to the letterknow” basis. The unit member may forward a copy contents of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included all personnel files shall be kept strictly confidential. 14.4.7 The person or persons who draft and/or place materials in the unit member’s personnel file shall sign the material and signify the date on which such material was drafted and placed in the file. 4.1.5 Upon the request of 14.4.8 The District shall maintain the unit member, all materials, except those ’s personnel file at the District Office. Any files kept by the unit member’s immediate supervisor for the purpose of evaluation shall not contain derogatory materials referenced in Section 4of which the unit member has not been notified.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The a. This Chapter shall supersede Chapter 1347 of the Ohio Revised Code and any other contrary provisions of law. b. An official personnel file of for each unit member shall will be maintained at in the District's central Human Resources OfficeBoard office. Social Security numbers and any HIPPA information will be redacted. Administrators and Supervisors may maintain their own personal independent files solely for their own use. 4.1.2 A unit member c. Unit members and/or their authorized representatives shall have access to their personnel files upon reasonable request. At the right during normal business hours time of the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; such review the unit member shall be notified entitled to copies of such access. Said notification shall include the name and title of the administrative official accessing the official any materials in his/her file and the reason for such access. Nothing herein at his/her expense. d. Except as may otherwise be required by state law, access to a Bargaining Unit Member’s personnel file shall be construed limited to prevent compliance with a valid court order or subpoenathe Board and/or its counsel, although the unit member shall be noticed if such a request occursSuperintendent, the Treasurer, and other administrators who directly supervise that Bargaining Unit Member. 4.1.4 Material derogatory e. Should anyone not outlined in Section 10(D) of this Article seek access to a the bargaining unit member’s conductpersonnel file, performanceunder state law, the following criteria shall be met: i. The Superintendent/designee will inform the teacher within two (2) business days that someone has requested review or character, shall not be entered in a unit member's copy of personnel file unless documents and until who the unit member person is, it the identity is provided a copyknown to the administration. ii. A unit member has a right to The cost of duplicating any materials in the file shall be borne by the outside individual opening the file. iii. No outside individual shall have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included place any information in the bargaining unit member’s personnel file. 4.1.5 Upon iv. When a subpoena is served seeking access to a bargaining unit member’s personnel file, reasonable effort will be made to notify the request bargaining unit member. f. A Bargaining Unit Member may attach a written statement of reply to any item that is placed in his/her file. No anonymous material critical of a Bargaining Unit Member of his/her performance shall be placed in a Bargaining Unit Member’s file. g. A Bargaining Unit Member shall be given a copy of any written evaluation or reprimand. The unit member shall sign to acknowledge receipt. One signed copy will be given to the unit member and one shall be retained in his/her official personnel file. The employee’s signature does not necessarily indicate agreement with the contents of the document. h. If a unit member disputes the accuracy, relevance, timeliness or completeness of material in his/her file, or compliance with any provision of this Article, he/she may file a written complaint with the Superintendent, who shall conduct an investigation. The complaint shall specify the reasons why the unit member believes the material lacks one or more of these qualities or is in violation of any of these provisions. i. If the Superintendent affirms the complaint, the material in dispute shall be modified or removed from the unit member’s file. ii. If the Superintendent denies the complaint or fails to respond, the unit member is entitled to assume the status of a grievant following Step Two of the Grievance Procedure. iii. If, with the Association’s concurrence, the unit member elects to submit the dispute to Step Four of the grievance procedures after receiving the Superintendent’s decision, the arbitrator may not order material removed from the Bargaining Unit Member’s personnel file unless the Bargaining Unit Member demonstrates that the material is factually inaccurate, irrelevant, untimely or incomplete. No grievance or aspect of any grievance that concerns an administrator’s exercise of his/her professional judgment in matters such as evaluation and observation may be taken to Step Four. Moreover, an arbitrator is specifically prohibited from substituting his/her judgment for that of an administrator in matters of professional judgment. i. Material in a personnel file may also be removed upon written mutual agreement of the unit member, all materials, except those materials referenced in Section 4member and the administrator who made the entry or the Superintendent.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The official personnel file of each unit member ‌ 19.1 There shall be one official Personnel File maintained at the District's central in Human Resources Officefor every regular, term and auxiliary faculty member. 4.1.2 A unit 19.2 Personnel Files will be kept confidential and access will be limited to the College President or delegate, the Director, Human Resources, Human Resources employees, appropriate Vice Presidents or their respective designates who are not members of the Association acting on their behalf. The College shall not release information contained in a faculty member's Personnel File to unauthorized individuals without the written consent of the faculty member shall have concerned. 19.3 During normal working hours and in the presence of an excluded employee of Human Resources, every faculty member has the right during normal business hours of access to their Personnel File alone or accompanied by the President of the District Administrative Offices Association or their delegate. Upon request, the faculty member is entitled to examine and/or obtain a copy, at the unit member’s expense, copy of any material in her/his the Personnel File. 19.4 The faculty member shall be provided, at the time of filing, with a copy of each document that is to be placed in the faculty member's Personnel File. Each document shall be filed within a reasonable period of time after the occurrence of the incident giving rise to the document. 19.4.1 Each such document directed to the official personnel file, except those excluded Personnel File which constitutes disciplinary action or might be the basis of disciplinary action shall be signed by law, by appointment the faculty member as evidence that a copy has been received. The faculty member's signature does not indicate agreement with the Human Resources Officecontents of the document. 19.4.2 Refusal on the part of the faculty member to sign such documents shall not preclude their placement in the Personnel File. Material not available In the event of such refusal, the College shall provide the Association with a copy of the document and the Association shall acknowledge receipt. 19.4.3 The appropriate Vice President or delegate shall inform the faculty member that such material is to be placed in the Personnel File and the faculty member is entitled to respond, in writing, to documents placed in the Personnel File at the time of filing. 19.4.4 The faculty member's written response shall be made within a reasonable period after the document has been filed and shall also be placed in the faculty member's Personnel File. 19.5 A faculty member who disputes any entry on their Personnel File shall be entitled to recourse through the grievance procedure and the eventual resolution shall become part of their Personnel File. Notwithstanding the forgoing and upon written request of the faculty member to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor Director of Human Resources; , any such disputed disciplinary document shall be removed from their Personnel File after the expiration of 24 months from the date it was issued provided there has not been a further infraction of a similar nature. A grievance related to the document does not need to be filed and resolved for such removal to occur after the expiration of the twenty-four (24) month period, however, if a grievance has been filed, no removal shall occur unless through eventual resolution of the grievance. 20 TRANSFERS AND SECONDMENTS‌ 20.1 Temporary Transfer / Secondments‌ 20.1.1 Faculty members who have received an offer of temporary transfer/secondment outside of the bargaining unit shall be, for the period of transfer/secondment, as a minimum, under the terms and conditions of this Agreement except as specified herein. 20.1.2 The hours of work may vary from those specified in this Agreement. 20.1.3 Faculty members on transfer/secondment shall, upon their return, be entitled to return to the same position within the bargaining unit that they would have held had the transfer/secondment not occurred. 20.1.4 In the event of necessary faculty member reduction, pursuant to Article 11, (Reduction, Recall and Severance Pay), the transferred/seconded faculty member shall be notified covered by the provisions of such access. Said notification shall include the name Article 11, (Reduction, Recall and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursSeverance Pay). 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Personnel Files. 4.1.1 (a) There shall be one (1) official District personnel file for each employee. The material in the official District personnel file shall be considered and used as the only official personnel file of each unit member shall be maintained at the District's central Human Resources Office. 4.1.2 A unit member shall have the right during normal business hours record of the District Administrative Offices to examine and/or obtain a copy, at in any proceeding affecting the unit memberstatus of the employee’s expense, of any employment with the District. (b) The material in her/his official personnel filethe file shall be made available for the inspection of the employee to whom the file pertains except ratings, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, reports or records which were (1) obtained prior to the employment of the unit memberemployee, (2) prepared by identifiable members of the screening committee involved in selection, or (3) obtained in connection with a promotional evaluation. 4.1.3 (c) Official District personnel files shall be available only to specifically designated persons. No other party shall have access to an employee’s file, except as the result of a legal proceeding, without the written authorization of the employee. The official personnel Human Resources Office shall maintain a log of access to the employee’s file by any person not assigned to the Human Resources Office or the Vice President responsible for human resources functions. (d) An employee or designated representative of ECCE shall have the right to inspect the file except as provided in subsection (b) of this Section upon written request by the employee. The review shall be made during normal business hours and at a time when such employee is not otherwise required to render service to the District unless mutually agreeable to the employee and the employee’s Xxxx, Director or Manager. (e) Any item to be placed in the file shall be kept in confidence clearly identified as to its source or originator and shall be available for inspection only its date of receipt by the unit memberDistrict. (f) Information of a derogatory nature, her/his representative of AFT except that listed under subsection (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or characterthis Section, shall not be entered in a unit member's personnel file or filed unless and until the unit member employee is provided given a copy. A unit member copy of the document and the employee has a right the opportunity to have a meeting concerning the matter and an opportunity to make his/her own written response attached to such derogatory material and comments, which will be placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response file attached to the letterderogatory document. Such written comments shall be submitted within five (5) working days. Such meeting and opportunity to write comments shall take place during normal business hours, and the affected employee shall be released from duty for this purpose, if necessary, without salary reduction. (g) When an employee requests, the District will seal, in the employee’s personnel file, information related to disciplinary matters which has existed in the personnel file for two (2) years or more. The unit member District may forward unseal and review such material in the event it otherwise determines that discipline of the employee is appropriate. (h) The Human Resources Office maintains the only official personnel file for each employee. Departments/Divisions may keep in general files notes, annotate calendars, maintain copies of correspondence, and/or maintain copies of unacceptable work products. However, none of these may be used in a disciplinary process without prior knowledge of and receipt of copies by the employee. If a Xxxx, Director, Manager or Supervisor obtains written materials or information which may lead to, or is intended for use in the disciplinary process, the employee must be given a copy of her/his rebuttal such material in a timely manner relative to Human Resourcesthe specific incident or concern. The Xxxx, Attn: Employee RelationsDirector, Manager or Supervisor shall not use materials or information which have not been previously provided to insure the rebuttal is included in employee prior to the unit member’s personnel filecommencement of disciplinary action. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 14.01 Official personnel files maintained by the Board about members of the bargaining unit are records of the employment history of the member in the University. Subject to the provisions of this Agreement, the contents and use of the official personnel file are for decisions respecting terms and conditions of the employment of a member. The purpose of this Article is to ensure that the files are used in an appropriate manner and fairly represent the member's employment history. 14.02 There shall be one official personnel file maintained in the office of Human Resources or in such other location designated by the President for each member which shall include some or all of the following items: (A) pre-employment materials including correspondence associated with the application, curriculum vitae, transcripts, and letters of reference; (B) copies of letters relating to Board actions respecting the member, including initial appointment, annual renewal of appointment, granting of a continuing appointment, approved leaves of absence, administrative appointments, etc.; (C) correspondence related to the member's employment between the member and any of the following: the President, the Xxxxxxx and Vice-President (Academic), the Xxxx/University Librarian, the Chair, the Director; (D) materials relating to recommendations on salary, tenure, continuing appointment, and promotion; (E) materials respecting professional development and achievement; (F) copies of the faculty member's annual reports; and (G) copies of the librarian member's performance reviews. 14.02.01 The Xxxx and the Chair/Director and the University Librarian may keep a file on a member, but such files shall not constitute the member's official personnel file. These files may contain copies of some or all of the material kept in the official personnel file. The official personnel file of each unit member and any other files kept pursuant to 14.02.01 shall be maintained at clearly marked as confidential. All the District's central Human Resources Officerestrictions specified in this Article which apply to the official personnel file apply equally to all files referred to in this Article. 4.1.2 A unit member 14.03 An inventory sheet shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any material be included in her/his each official personnel file. Each official personnel file shall contain a form indicating the name of anyone who has accessed the file, except those excluded the date and time the file was accessed, and the reason for accessing the file (pursuant to Article 14.06). Such recording shall exclude required access for filing and administrative purposes by law, by appointment Human Resources staff. 14.04 No anonymous material shall be kept in a member's official personnel file. Any anonymous material in a member's official personnel file when this Agreement comes into effect shall be removed and destroyed. 14.05 Confidential material kept in a member's official personnel file shall be subject to the following rules of storage: (A) confidential material is limited to signed letters of reference solicited with the knowledge of the member, and any other letter or document transmitted in confidence which the member, their Chair/Director, the University Librarian, the Xxxx, the President, the Xxxxxxx and Vice-President (Academic), the Director of Human Resources Office. Material not available Resources, or a Committee solicited pursuant to this Agreement; and, (B) a member shall receive an inventory of the confidential materials in their official personnel file on request to the unit member includesPresident, but is not limited to, materials, which were obtained prior such an inventory to include the employment date and general subject matter of the unit memberconfidential material. 4.1.3 14.06 The official personnel file shall be the only source of confidential personal employment information used in any official University proceeding. The official documents constituting the file shall be the paper originals or, in the event the original document is received in facsimile or electronic form, an accurate paper copy. Such material may be used as follows: (A) renewal of a probationary appointment, pursuant to Article 23; (B) tenure, pursuant to Article 25; (C) promotion, pursuant to Article 26; (D) grievance and arbitration, pursuant to Article 30; and, (E) other proceedings with the written permission of the member and in addition, the official personnel file for librarians may be used for; (F) appointment, pursuant to Article 20; (G) performance reviews, pursuant to Article 21. 14.07 Upon written request to the Xxxxxxx and Vice-President (Academic), a member and/or an agent authorized in writing by the member shall have the right to examine the contents of their official personnel file in the Human Resources office, except for confidential material described in 14.05(A). Such examination shall be in the presence of a person designated by the Director of Human Resources. The member shall not be allowed to remove their official personnel file or any part thereof from the Human Resources office. Upon written request the member shall obtain at their expense copies of the documents to which they have the right of examination. 14.07.01 Upon written request to the Xxxx, Chair/Director, or University Librarian, a member shall have the right to examine the contents of their personnel files pursuant to 14.02.01, if such files exist. Such examination shall be in the presence of a person designated by the Xxxx, Chair/Director, or University Librarian. The member shall not be allowed to remove their personnel file or any part thereof from the relevant office. Upon written request the member shall obtain at their expense copies of the documents to which they have the right of examination. 14.08 A member shall have the right to include in their official personnel file written comments on the accuracy or meaning of any of the non-confidential contents of the file, and to add to the file any documents that they deem relevant. 14.09 No information contained in the official personnel file of a member, in a member's file kept in confidence the Xxxx'x office, or University Librarian's office, or in University payroll records, shall be made available to any other person or institution, except as authorized by this Agreement, by law, by the member in writing, or by the President for internal University administrative purposes. Access required by law shall be granted only to an individual holding a subpoena or a search warrant, and shall be available for inspection granted only by the unit memberXxxxxxx and Vice-President (Academic) or someone designated by them in writing. The Xxxxxxx and Vice-President (Academic) shall notify the member concerned immediately, her/his representative of AFT stating the person or persons granted access and the legal reasons for granting this access unless such notification is prohibited by legal statute. 14.10 The Vice President (with Academic) shall advise the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary member in advance if any contents in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall are to be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursdestroyed. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 10.1 The University shall maintain one official personnel file of for each unit member shall be maintained at the District's central Human Resources Office. 4.1.2 A unit member shall have the right during normal business hours of the District Administrative Offices bargaining unit. This file shall contain all material that will be used to examine and/or obtain support personnel actions, except for a copytemporary Promotion and Tenure file, at which is not part of the unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with . 10.2 This personnel file shall not contain any anonymous correspondence. Unsolicited letters may be included in the Human Resources Office. Material not available file if a copy is sent to the bargaining unit member includesin question, but is not limited to, materials, which were obtained prior to providing they have relevance and are free of innuendo and are signed by the employment author. 10.3 A member of the bargaining unit membershall be sent a copy of any document being placed in his/her official personnel file. 4.1.3 10.4 The official personnel file shall be kept in confidence the custody of the University administration and the location of such shall be available for inspection only by made known to the bargaining unit member. 10.5 With the exception of the temporary Promotion and Tenure file, a member of the bargaining unit shall have access to all materials relating to him/her in the official files. When requested in writing, this access shall be granted as promptly as is reasonable during normal working hours, consistent with the schedule of both parties. Upon request, bargaining unit members shall be promptly furnished with copies of any materials in their files and will be charged the normal photocopy rate. 10.6 Any material in the official personnel file, which the bargaining unit member can demonstrate to the University to be inaccurate or untrue, shall be immediately removed. 10.7 The bargaining unit member, herhis/his her authorized representative of AFT (with the unit member’s written permission or when accompanied by the unit memberauthorization) and authorized administrative employees appropriate officials of the District when actually necessary in University and University System are the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed only ones entitled to prevent compliance with access a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a bargaining unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The 14.1 This Article shall supersede Chapter 1347 of the Ohio Revised Code and any other contrary provisions of law. 14.2 An official personnel file of for each unit member shall be maintained at in the DistrictSuperintendent's central Human Resources Office. 4.1.2 A unit member shall have the right during normal business hours office. The contents of the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file shall be kept in confidence and as confidential as permitted by law. 14.3 Unit members and/or their authorized representatives shall have access to their personnel files upon reasonable request. Personnel files shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary reviewed in the proper administration presence of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursappropriate administrator. 4.1.4 Material derogatory 14.4 Access to a unit member’s conduct's personnel file shall be limited to the Superintendent, performancethe building director(s), other administrators who are or charactermay be directly supervising that unit member, shall not central office administrators, Board members, and Board counsel, and to other individuals, as required by law. 14.5 A unit member may attach a written statement of reply to any item which is placed in his/her file. All material to be entered placed in a unit member's personnel file unless shall be signed and until dated and shall include the name(s) of those who are the source of any material. 14.6 A unit member shall be entitled to a copy of any material in his/her file at his/her cost. 14.7 If a unit member disputes the accuracy, relevance, timeliness or completeness of material in his/her file, he/she may file a written complaint with the Superintendent who shall conduct an investigation. The complaint shall specify the reasons why the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of believes the material lacks one or disciplinary letter and to have that response attached to more of these qualities. If the letter. The unit member may forward a copy Superintendent determines the material lacks one or more of her/his rebuttal to Human Resourcesthese qualities, Attn: Employee Relations, to insure the rebuttal is included in it shall be modified or removed from the unit member’s personnel 's file. 4.1.5 Upon the request 14.8 Material in a personnel file may also be removed upon written mutual agreement of the unit member and the administrator who made the entry or the Superintendent. 14.9 If the unit member elects to submit the dispute to Step Four of the Grievance Procedure after receiving the Superintendent's decision, the Board may not order material removed from the unit member's personnel file unless the unit member demonstrates that the material is factually inaccurate, all materialsirrelevant, except those materials referenced untimely, or incomplete. 14.9.1 No grievance or aspect of any grievance that concerns an administrator's exercise of his/her professional judgment in Section 4matters such as evaluation and observation may be taken to Step Four. 14.9.2 The Board is specifically prohibited from substituting its judgment for that of an administrator in matters of professional judgment.

Appears in 4 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The official A. Personnel Files 1. Administrators shall be encouraged to place in the personnel file of each unit faculty member information of a positive nature indicating special competencies, achievements, performances, or contributions of an academic, professional or civic nature. 2. One personnel file for each faculty member shall be maintained at in the District's central Human Resources OfficeOffice of the College President. 4.1.2 A unit 3. No material derogatory to a member's conduct, service, character, or personality shall be placed in the personnel file of any faculty member unless that faculty member shall acknowledge that he/she has read such material by affixing his/her signature on it. Be it understood that such signature merely signifies that he/she has read the material in question and that it indicates neither approval nor rejection of its contents. 4. The faculty member shall have the right during normal business hours to answer in writing any material in his/her personnel file, and his/her answer shall be attached to the file copy. 5. Anonymous material shall not be placed in a faculty member's file. 6. No material provided by a student or students shall be placed in the faculty member's personnel file without the prior acknowledgment of the District Administrative Offices faculty member. 7. No item may be removed from a faculty member's file without his/her prior knowledge. 8. No other faculty member will be able to examine and/or obtain a copy, at another faculty member's file unless prior written permission has been granted by the unit faculty member’s expense, . 9. Faculty members shall have the right to be furnished with copies of any material in herpersonnel files. 10. A duly appointed representative of the Association may, at the faculty member's request, accompany said person when he/his official she reviews his/her file. 11. The personnel filefile may, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment permission of the unit faculty member. 4.1.3 The official personnel file shall be kept in confidence and shall , be available for inspection only examination by the unit member, her/his representative of AFT (with the unit member’s written permission Professional Standards Committee or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursGrievance Committee. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 12.1 The University maintains three official personnel files for each UNAC member, which consist of an "employment record file," an "academic record file" and, when required by law, a confidential "medical record file.". The employment record file shall be maintained by the human resources office of the MAU of the primary assignment. The academic record file of each unit the UNAC member shall be maintained at by the Districtoffice of the relevant xxxx/director or the academic affairs office on the UNAC member's central Human Resources Officecampus of their primary assignment. The medical record file shall be maintained by the human resources office of the MAU of the primary assignment, separate from other official personnel files. 4.1.2 A unit 12.2 Other files, in addition to the three official personnel files, containing information regarding UNAC members may exist. However, information in such files may not be kept for longer than one year, or contain information not in the official personnel files which is more than one year old. The University shall not take action with respect to a UNAC member based upon information that is not contained in the official personnel files. 12.3 UNAC members shall have the right to examine the official personnel files at any time during normal business hours and shall have the right to receive a copy of the District Administrative Offices official personnel files upon submission of advance written request to the human resources office of the MAU of the primary assignment or the location where the academic record resides. UNAC members may place in these files a response to adverse information contained therein. 12.4 A United Academics representative, having written authorization from the UNAC member concerned, and subject to the University's duty to provide for security of the records, may examine and/or obtain and request a copycopy of the official personnel files of that UNAC member. Authorized University personnel or representatives of appropriate governmental agencies may examine official personnel files or may request a copy for routine administrative activity without notification, except as provided for in Article 12.8. Other persons may have access to the official personnel files only as provided by law, with notification to the UNAC member. 12.5 When a reprimand, disciplinary action, or delinquency in job performance is reduced to writing by a supervisor, the findings and decisions of the supervisor shall be filed, in writing, in the UNAC member's academic record file, and a copy thereof simultaneously given to the UNAC member and to United Academics. No such material may be placed in a UNAC member's academic record file without an original signature of the xxxx/director, or designee, and the UNAC member. The UNAC member shall sign such material to signify receipt and notification of such action. Such signature shall not be construed as agreement or disagreement with material contents. Material on disciplinary reprimands shall be removed after two years except for specific formal disciplinary action for sexual harassment, physical assault, discrimination, theft, fraud, scientific misconduct, or substance abuse. Material on disciplinary suspensions and terminations shall be retained in the file. 12.6 The employment record file may contain the following: a. Information relating to the UNAC member's original hire, such as application, job evaluation form or current job description, curriculum vitae, transcripts, and hire documents, including benefit enrollment forms. b. Correspondence relating to the individual's employment. c. Documents showing the history of the UNAC member's work assignments and compensation, including workers' compensation payment documents and letter(s) of appointment. d. Other documents related to the UNAC member's employment status at the University. e. UNAC member responses to the above, if any. 12.7 The academic record file may contain the following: a. Commendations, awards, honors, current curriculum vitae, official reprimands, including notices of unsatisfactory performance, disciplinary action, and appropriate material relating to the unit member’s expense's job performance. b. Correspondence relating to the individual's employment. c. Final grievance awards relating to the UNAC member's job performance or discipline. d. University authorized performance, peer, and student evaluations. e. Written documentation of any material faculty workload and evaluations relating to promotion, retention, tenure, and contractual obligations. f. Summaries of submitted proposals, notices of awarded grants and contracts, and summaries of donations or gifts received. g. Other documents relevant to the UNAC member's academic record at the University. h. All documents included in her/his official the promotion and/or tenure file. i. UNAC member responses to the above, if any. 12.8 The medical records file shall contain all confidential medical information related to a UNAC member's employment. Access to and use of information contained in the file shall only beas provided by applicable law. Authorized University personnel filemay examine or copy this file for routine administrative purposes without notification to the UNAC member. If a representative of an appropriate government agency requests access to the medical record file of one or more named individuals, except the University shall notify those excluded individuals within ten working days. Other persons may have access to the medical record file only as provided by law, by appointment with the Human Resources Office. Material not available notification to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit UNAC member. 4.1.3 12.9 The University shall not include material in the UNAC member's official personnel file shall be kept in confidence files unless the source is identified and shall be available for inspection only by the unit member, her/his representative of AFT (with material contains the unit member’s written permission or when accompanied by date on which the unit member) and authorized administrative employees of the District when actually necessary material was placed in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon 12.10 No items may be removed from the request UNAC member's official personnel files without the expressed written authorization of the unit UNAC member, all materials, except those materials referenced in Section 4for brief inspection or copying.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The official personnel file of 7.1 There shall be only one Personnel File for each unit member Unit Member, and it shall be maintained by the District in the Human Resources Office. The cabinets in which Personnel Files are kept shall be locked at all times outside of normal business hours. Except as provided in a settlement agreement between the District's central District and the grievant(s), documents related to grievances shall not be included in the Personnel File. 7.2 Each Unit Member shall have the right to review the contents of his or her own Personnel File by making a prior appointment for review. The review shall take place at a time when the Unit Member is not otherwise required to render service to the District and during normal working hours of the Human Resources Office. 4.1.2 7.3 The District shall be bound by applicable federal and state statutes concerning the privacy and confidentiality of Personnel Files. Routine access to the Personnel File shall be limited to Human Resources Office staff responsible for maintaining the Personnel Files. If a Unit Member is an applicant for any position in the District, the hiring committee for that position may have access to the Unit Member’s Personnel File when required by the District’s hiring procedure. A unit member shall have the right during normal business hours of the District Administrative Offices Governing Board shall have access to examine and/or obtain a copyUnit Member’s Personnel File only during a duly noticed meeting of the Governing Board, at and then only if necessary, for a personnel action that is on the agenda for that meeting. The following are the only other administrators permitted to review a Unit Member’s Personnel File: 7.3.1 The superintendent/president of the District 7.3.2 The District vice president responsible for the Unit Member’s division 7.3.3 The Unit Member’s division xxxx or other administrator responsible for the Unit Member’s division or assignment. 7.4 If a unit member’s expensemember is an applicant for any position in the District, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior may make a written request to have items from his or her personnel file copied and provided to the employment hiring committee. Only items required for the application process shall be copied and provided to the hiring committee. The hiring committee for that position may have access to the Unit Member’s Personnel File when required by the District’s hiring procedure. 7.5 A Unit Member may authorize a representative to review the file. The authorized representative may be any person selected by the Unit Member, including persons not employed by the District. If reviewed in the absence of the unit memberUnit Member, the designated representative shall first present the written authorization and appropriate identification. 4.1.3 The official personnel file 7.6 No anonymous material shall be kept placed in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit memberany Unit Member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursPersonnel File. 4.1.4 Material 7.7 Information of a derogatory to a unit member’s conduct, performance, or character, nature shall not be entered in or filed unless the Unit Member is first given a unit member's personnel file unless and until copy of the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right provided a period of ten (10) working days to respond in writing within thirty (30) calendar days of the date of review the material or disciplinary letter and to have that prepare a written response. The Unit Member’s response shall be attached to the letterderogatory material when it is placed in the Personnel File. 7.8 The District shall keep a log identifying all person(s) (other than Human Resources office staff whose duty it is to maintain the files) who have reviewed the contents of the Personnel File. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included log shall be maintained in the unit memberUnit Member’s personnel Personnel File and shall include the date and the name of the person who reviewed the file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 14.01 Official personnel files maintained by the Board about members of the bargaining unit are records of the employment history of the member in the University. Subject to the provisions of this Agreement, the contents and use of the official personnel file are for decisions respecting terms and conditions of the employment of a member. The purpose of this Article is to ensure that the files are used in an appropriate manner and fairly represent the member's employment history. 14.02 There shall be one official personnel file maintained in the office of Human Resources or in such other location designated by the President for each member which shall include some or all of the following items: (A) pre-employment materials including correspondence associated with the application, curriculum vitae, transcripts, and letters of reference; (B) copies of letters relating to Board actions respecting the member, including initial appointment, annual renewal of appointment, granting of a continuing appointment, approved leaves of absence, administrative appointments, etc.; (C) correspondence related to the member's employment between the member and any of the following: the President, the Vice-President (Academic), the Xxxx/University Librarian, the Chair, the Director; (D) materials relating to recommendations on salary, tenure, continuing appointment, and promotion; (E) materials respecting professional development and achievement; (F) copies of the faculty member's annual reports; and (G) copies of the librarian member's performance reviews. 14.02.01 The Xxxx and the Chair/Director and the University Librarian may keep a file on a member, but such files shall not constitute the member's official personnel file. These files may contain copies of some or all of the material kept in the official personnel file. The official personnel file of each unit member and any other files kept pursuant to 14.02.01 shall be maintained at clearly marked as confidential. All the District's central Human Resources Officerestrictions specified in this Article which apply to the official personnel file apply equally to all files referred to in this Article. 4.1.2 A unit member 14.03 An inventory sheet shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any material be included in her/his each official personnel file. Each official personnel file shall contain a form indicating the name of anyone who has accessed the file, except those excluded the date and time the file was accessed, and the reason for accessing the file (pursuant to Article 14.06). Such recording shall exclude required access for filing and administrative purposes by law, by appointment Human Resources staff. 14.04 No anonymous material shall be kept in a member's official personnel file. Any anonymous material in a member's official personnel file when this Agreement comes into effect shall be removed and destroyed. 14.05 Confidential material kept in a member's official personnel file shall be subject to the following rules of storage: (A) confidential material is limited to signed letters of reference solicited with the knowledge of the member, and any other letter or document transmitted in confi- dence which the member, his/her Chair/Director, the University Librarian, the Xxxx, the President, the Vice-President (Academic), the Director of Human Resources Office. Material not available Resources, or a Committee solicited pursuant to this Agreement; and, (B) a member shall receive an inventory of the confidential materials in his/her official personnel file on request to the unit member includesPresident, but is not limited to, materials, which were obtained prior such an inventory to include the employment date and general subject matter of the unit memberconfidential material. 4.1.3 14.06 The official personnel file shall be the only source of confidential personal employment information used in any official University proceeding. The official documents constituting the file shall be the paper originals or, in the event the original document is received in facsimile or electronic form, an accurate paper copy. Such material may be used as follows: (A) renewal of a probationary appointment, pursuant to Article 23; (B) tenure, pursuant to Article 25; (C) promotion, pursuant to Article 26; (D) grievance and arbitration, pursuant to Article 30; and, (E) other proceedings with the written permission of the member and in addition, the official personnel file for librarians may be used for; (F) appointment, pursuant to Article 20; (G) performance reviews, pursuant to Article 21. 14.07 Upon written request to the Vice-President (Academic), a member and/or an agent authorized in writing by the member shall have the right to examine the contents of his/her official personnel file in the Human Resources office, except for confidential material described in 14.05(A). Such examination shall be in the presence of a person designated by the Director of Human Resources. The member shall not be allowed to remove his/her official personnel file or any part thereof from the Human Resources office. Upon written request the member shall obtain at his/her expense copies of the documents to which he/she has the right of examination. 14.07.01 Upon written request to the Xxxx, Chair/Director, or University Librarian, a member shall have the right to examine the contents of his/her personnel files pursuant to 14.02.01, if such files exist. Such examination shall be in the presence of a person designated by the Xxxx, Chair/Director, or University Librarian. The member shall not be allowed to remove his/her personnel file or any part thereof from the relevant office. Upon written request the member shall obtain at his/her expense copies of the documents to which he/she has the right of examination. 14.08 A member shall have the right to include in his/her official personnel file written comments on the accuracy or meaning of any of the non-confidential contents of the file, and to add to the file any documents that he/she deems relevant. 14.09 No information contained in the official personnel file of a member, in a member's file kept in confidence the Xxxx'x office, or University Librarian's office, or in University payroll records, shall be made available to any other person or institution, except as authorized by this Agreement, by law, by the member in writing, or by the President for internal University administrative purposes. Access required by law shall be granted only to an individual holding a subpoena or a search warrant, and shall be available for inspection granted only by the unit memberVice-President (Academic) or someone designated by him/her in writing. The Vice-President (Academic) shall notify the member concerned immediately, her/his representative of AFT stating the person or persons granted access and the legal reasons for granting this access unless such notification is prohibited by legal statute. 14.10 The Vice President (with Academic) shall advise the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary member in advance if any contents in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall are to be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursdestroyed. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The official A. 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 maintained under normal circumstances based upon material contained or reflected in the permanent personnel file in the Board office, if it is an action or discipline that is cumulative in nature. 1. These files shall be considered confidential files. A copy of all materials placed in the permanent personnel file shall be sent to the member upon placement. 2. The date and name of the person placing material in the permanent personnel file shall be included in 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 choice. D. Those authorized to use files of members shall be limited to the Superintendent, members of the Board of Education, 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. 1. If anyone other than authorized school personnel or Board members request to see a bargaining unit member’s personnel file, the member shall be notified and shall have the right to be present at the District's central Human Resources Officeviewing of his/her 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 Administration will use the above notification process except in an emergency situation, rare or unexpected occasion that is not an everyday event. The Board of Education will comply with 149.43 of the Ohio Revised Code. 4.1.2 A E. Bargaining unit members may challenge the timeliness, relevancy, accuracy or completeness of an item in their personnel file in accordance with the provisions of Section 1347.09 ORC F. No anonymous materials may be placed in a member’s personnel file. The name of the person making the entry and author of the complaint shall be included. G. The bargaining unit member shall have the right during normal business hours of to read all information that is to be placed in the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained file prior to the employment actual placement and shall indicate that the material has been viewed by placing his/her signature and date on the material. The signing of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (material does not indicate agreement with the unit member’s written permission or when accompanied by document, but merely notice that the unit member) and authorized administrative employees of the District when actually necessary document is being placed in the proper administration of file; furthermore, the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond respond, in writing within thirty (30) calendar days writing, to any material that is placed in the file. Said response shall be attached to and shall become a part of the date document that is to be placed in the file. The response shall be included should disbursal of the material or disciplinary letter and to have that response attached to original document be made by the letter. The unit member may forward a copy of her/his rebuttal to Human Resourcesschool district, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon unless the request of is made under Ohio Revised Code 149.43 and the unit member, all materials, except those materials referenced in Section 4requesting party does not want the response.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The official personnel file files of each bargaining unit member shall be maintained at in the District's central Human Resources Office.. Said files will include but not be limited to the following documents: 4.1.2 A unit member shall have the right during normal business hours 1. copies of the District Administrative Offices to examine and/or obtain a copy, at all documents that were generated as part of the unit member’s expensetenure review process; 2. copies of all peer or administrative employment reviews; 3. notices of employment or assignments, etc.; 4. copies of transcripts, degrees, certificates, or other proofs of educational attainment; 5. copies of any material in her/his official personnel file, except those excluded by law, by appointment with sustained disciplinary actions or proceedings against the Human Resources Officemember; 6. Material not available copies of any and all documents pertaining to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission employment that are required by law or when accompanied by the unit member) and authorized administrative employees statute. Information of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, nature shall not be entered placed in a the unit member's personnel file unless and until the unit member is provided a copy. A unit member has been sent a right copy of the material to have be entered into the file accompanied by a written response attached to such derogatory notice of intent declaring that the material and will be placed in her/his official the member's personnel filefile and only as part of an evaluation or sustained disciplinary action conducted according to the procedures enumerated in this agreement. A The unit member has the right to respond in writing within thirty (30) calendar days to the information of the date of the material or disciplinary letter and to have that a derogatory nature. The member's response shall be attached to the letterderogatory 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 when the District's Human Resources Office is open. The District will provide to the unit member may forward copies of the materials in his/her personnel files within five (5) working days of a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 written request. Upon the written request of the unit member, all materialsthe District agrees to remove and destroy any materials in his/her personnel file of a derogatory nature which have remained in the file for five (5) years, except those materials referenced provided that there have been no documented actions of a similar nature to the original sustained disciplinary action in Section 4that five-year period. Any information or material which evolves from the evaluation process and which is considered to be derogatory shall not be subject to removal.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 1. Official personnel files maintained by the Board about Members of the Bargaining Unit are records of the employment history of the Member in the School. Subject to the provisions of this Agreement, the contents and use of the official personnel file are for decisions respecting terms and conditions of the employment of a Member. The purpose of this Article is to ensure that the files are used in an appropriate manner and fairly represent the Member's employment history. 2. There shall be one (1) official personnel file maintained in the office of Human Resources or in such other location designated by the Xxxx for each Member which shall include some or all of the following items: a) pre-employment materials including correspondence associated with the application, curriculum vitae, transcripts, and letters of reference; b) copies of letters relating to Board actions respecting the Member, including initial appointment, annual renewal of appointment, granting of a continuing appointment, tenure, promotion, approved leaves of absence, administrative appointments, etc; c) correspondence related to the Member's employment between the Member and any of the following: the Xxxx, the appropriate Associate Xxxx, the Division Head, the immediate supervisor; d) materials relating to recommendations on salary, tenure, continuing appointment, and promotion save for all materials relevant to decisions of the Peer Review Committees for tenure and promotion which shall be kept in the Office of the Associate Xxxx Faculty Affairs and form an auxiliary personnel file; e) materials respecting professional development and achievement; f) copies of the Member's annual reports. 3. The immediate supervisor may keep a file on a Member, but such files shall not constitute the Member's official personnel file. These files may contain copies of some or all of the material kept in the official personnel file. The official personnel file of each unit member and any other files kept pursuant to paragraph 1 shall be maintained at clearly marked as confidential. All the District's central Human Resources Officerestrictions specified in this Article which apply to the official personnel file apply equally to all files referred to in this Article. 4.1.2 A unit member 4. An inventory sheet shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any material be included in her/his each official personnel file. Each official personnel file shall contain a form indicating the name of anyone who has accessed the file, except those excluded the date and time the file was accessed, and the reason for accessing the file (pursuant to paragraph 7). Such recording shall exclude required access for filing and administrative purposes by law, by appointment Human Resources staff. 5. No anonymous material shall be kept in a Member's official personnel file. 6. Confidential material kept in a Member's official personnel file shall be subject to the following rules of storage: a) confidential material is limited to signed letters of reference solicited with the knowledge of the Member, and any other letter or document transmitted in confidence which the Member, the Member’s immediate supervisor, the Xxxx, the appropriate Associate Xxxx, the Director of Human Resources Office. Material not available Resources, or a Committee solicited pursuant to this Agreement; and, b) a Member shall receive an inventory of the confidential materials in the Member’s official personnel file on request to the unit member includesXxxx, but is not limited to, materials, which were obtained prior such an inventory to include the employment date and general subject matter of the unit memberconfidential material. 4.1.3 7. The official personnel file shall be kept the only source of confidential personal employment information used in confidence and any official School proceeding. The official documents constituting the file shall be available for inspection only by the unit memberpaper originals or, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of event the District's affairs original document is received in facsimile or the supervision of the unit memberelectronic form, an accurate paper copy. Any time the unit member’s official personnel file is accessed by anyone other than: Such material may be used as follows: a) the unit memberrenewal of a probationary appointment, pursuant to Article 2.5; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed tenure, pursuant to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.Article 2.6;

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Personnel Files. 4.1.1 12.1 The University maintains three official personnel file of files for each unit member member, which consist of an "employment record file," an "academic record file" and, when required by law, a confidential "medical record file.". The employment record file shall be maintained at located in the Districthuman resources office of the MAU of the primary assignment. The academic record file shall be located in the unit member's central Human Resources Officexxxx’x office or the academic affairs office on the unit member's campus of their primary assignment. The medical record file shall be kept in the human resources office of the MAU of the primary assignment, separate from other official personnel files. 4.1.2 A 12.2 Other files, in addition to the three official personnel files, containing information regarding unit members may exist. However, information in such files may not be kept for longer than one year, or contain information not in the official personnel files which is more than one year old. The University shall not take action with respect to a unit member based upon information that is not contained in the official personnel files. 12.3 Unit members shall have the right to examine the official personnel files at any time during normal business hours and shall have the right to receive a copy of the District Administrative Offices official personnel files upon submission of advance written request to examine and/or obtain the human resources office of the MAU of the primary assignment or the location where the academic record resides. Unit members may place in these files a copyresponse to adverse information contained therein. 12.4 A United Academics representative, at having written authorization from the unit member’s expensemember concerned, and subject to the University's duty to provide for security of any material in her/his the records, may examine and request a copy of the official personnel filefiles of that unit member. Authorized University personnel or representatives of appropriate governmental agencies may examine official personnel files or may request a copy for routine administrative activity without notification, except those excluded as provided for in Article 12.8. Other persons may have access to the official personnel files only as provided by law, by appointment with the Human Resources Office. Material not available notification to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file 12.5 When a reprimand, disciplinary action, or delinquency in job performance is reduced to writing by a supervisor, the findings and decisions of the supervisor shall be kept filed, in confidence and shall be available for inspection only by writing, in the unit member's academic record file, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; a copy thereof simultaneously given to the unit member shall and to United Academics. No such material may be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered placed in a unit member's personnel academic record file unless without an original signature of the xxxx, or designee, and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the lettermember. The unit member shall sign such material to signify receipt and notification of such action. Such signature shall not be construed as agreement or disagreement with material contents. Material on disciplinary reprimands -shall be removed after two years except for specific formal disciplinary action for sexual harassment, physical assault, discrimination, theft, fraud, scientific misconduct, or substance abuse. Material on disciplinary suspensions and terminations shall be retained in the file. 12.6 The employment record file may forward contain the following: a. Information relating to the unit member's original hire, such as application, job evaluation form or current job description, curriculum vitae, transcripts, and hire documents, including benefit enrollment forms. b. Correspondence relating to the individual's employment. c. Documents showing the history of the unit member's work assignments and compensation, including workers' compensation payment documents and letter(s) of appointment. d. Other documents related to the unit member's employment status at the University. e. Unit member responses to the above, if any. 12.7 The academic record file may contain the following: a. Commendations, awards, honors, current curriculum vitae, official reprimands, including notices of unsatisfactory performance, disciplinary action, and appropriate material relating to the unit member's job performance. b. Correspondence relating to the individual's employment. c. Final grievance awards relating to the unit member's job performance or discipline. d. University authorized performance, peer, and student evaluations. e. Written documentation of faculty workload and evaluations relating to promotion, retention, tenure, and contractual obligations. f. Summaries of submitted proposals, notices of awarded grants and contracts, and summaries of donations or gifts received. g. Other documents relevant to the unit member's academic record at the University. h. All documents included in the promotion and/or tenure file. i. Unit member responses to the above, if any. 12.8 The medical records file shall contain all confidential medical information related to a unit member's employment. Access to and use of information contained in the file shall only be as provided by applicable law. Authorized University personnel may examine or copy this file for routine administrative purposes without notification to the unit member. If a representative of her/his rebuttal an appropriate government agency requests access to Human Resourcesthe medical record file of one or more named individuals, Attn: Employee Relationsthe University shall notify those individuals within ten working days. Other persons may have access to the medical record file only as provided by law, with notification to insure the rebuttal is included unit member. 12.9 The University shall not include material in the unit member’s 's official personnel files unless the source is identified and the material contains the date on which the material was placed in the file. 4.1.5 Upon 12.10 No items may be removed from the request unit member's official personnel files without the expressed written authorization of the unit member, all materials, except those materials referenced in Section 4for brief inspection or copying.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The official personnel file of each unit member shall be maintained at the District's central Human Resources Office. 4.1.2 A unit member shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any material in her/his their official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his their representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his their representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his their official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure ensure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 15.1 The District shall not base disciplinary decisions affecting the assignment, discipline or employment status of bargaining unit members upon materials not contained in or events not referenced in the personnel file. 15.2 The official District personnel file of each unit member shall be confidential and maintained at the District's central Human Resources Officeadministrative office in a secure location. 4.1.2 15.3 A unit member may inspect and make copies of such materials in his/her personnel file with the exception of materials which: 15.3.1 Were obtained prior to employment, 15.3.2 Were prepared by identifiable examination committee members or, 15.3.3 Were obtained in connection with a promotional examination. 15.4 A unit member may inspect such materials in her/his personnel file, with the exception of the above specified items, during the normal business hours of the District Office at times other than when the unit member is required to render service. Such inspection shall take place under the supervision of a District administrator or designee. 15.5 No materials of a derogatory nature, except the above specified Items (Section 15.3.1, 15.3.2 and 15.3.3.), may be placed in a unit member's personnel file without allowing the unit member an opportunity to review and comment thereon. A unit member shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain a copyenter, at the unit member’s expense, of and have attached to any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit membersuch derogatory statement, her/his representative own comments thereon. The review and comment upon materials of AFT (with the unit member’s written permission or a derogatory nature shall take place and at a time when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall can be notified of such access. Said notification shall include spared from duty as determined by the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the lettersupervisor. The unit member may forward shall submit a copy request in advance to the supervisor to leave the normal place of her/his rebuttal work during assigned duty times for such review and comment. 15.6 Upon written authorization of the employee, a representative of the Association shall be permitted to Human Resources, Attn: Employee Relations, to insure the rebuttal is included examine materials in the a unit member’s personnel file, with the exception of items specified in Section 15.7 Materials specified in Section 15.5 shall be dated and signed by the contributor. 4.1.5 Upon 15.8 Materials used in bringing charges against unit members which are found to be without substance following a District investigation, or by any official body having final jurisdiction authority on the request question of such charges, shall be expunged from the unit member, all materials, except those materials referenced in Section 4personnel file.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 24.4.2 For librarians: (a) continuing appointments; (b) review for promotion from Librarian I to II; (c) review for promotion from Librarian II to III; (d) review for promotion from Librarian III to IV; (e) review for promotion from Librarian IV to V. 24.5 The academic administrative official personnel who compiles the basic file shall be responsible for compiling an index of each the material contained therein (including all exhibits) and sending a copy of this index to the bargaining-unit member involved. This index shall be maintained reviewed and updated by the appropriate academic administrative official at each level of administrative review for the District's central Human Resources Officepersonnel actions mentioned in Section 24.4 and a copy of the updated index shall be sent to the bargaining-unit member. In the case of librarians, the administrative official designated by the Xxxx of Libraries shall be the official responsible for compiling the basic file. 4.1.2 A 24.6 Upon the request by any bargaining-unit member, the Administration shall provide a copy of T77-059. 24.7 After reasonable notice, the Union shall have access to the above personnel file(s) of a bargaining-unit member shall have during the right during normal business hours of the District Administrative Offices to examine and/or obtain a copyAdministration, at provided that the Union presents written approval of the bargaining-unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available member to the unit member includes, but is not limited to, materials, which were obtained prior to the employment holder of the unit memberpersonnel file to which access is requested. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the 24.8 A bargaining-unit member shall be notified given an opportunity to voluntarily waive their right to access to letters of such accessrecommendations obtained in connection with personnel actions using the form "Waiver of Right of Access to Letters of Recommendation" (Appendix B). Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein Such waiver shall be construed for a specific personnel action(s) and cannot be retracted. 24.9 The Union agrees to prevent compliance with a valid court order indemnify and hold the Administration and its officials, agents and representatives harmless from and against any and all liability for any improper, illegal or subpoena, although unauthorized use by the Union of information contained in such files. 24.10 It shall be the responsibility of each bargaining-unit member to inform the Administration of any change in name or address. 24.11 No anonymous materials shall be noticed if such a request occurs. 4.1.4 Material derogatory placed in the above personnel files. For purposes of this Article, student evaluations of teaching pursuant to a unit member’s conduct, performance, or character, Articles 12 and 33 shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel fileconsidered anonymous materials. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 3 contracts

Samples: Boston Campus Agreement, Boston Campus Agreement, Campus Agreement

Personnel Files. 4.1.1 12.1 The University maintains three official personnel file of files for each unit member member, which consist of an "employment record file," an "academic record file" and, when required by law, a confidential "medical record file.". The employment record file shall be maintained at located in the Districthuman resources office of the MAU of the primary assignment. The academic record file shall be located in the unit member's central Human Resources Officexxxx’x office or the academic affairs office on the unit member's campus of their primary assignment. The medical record file shall be kept in the human resources office of the MAU of the primary assignment, separate from other official personnel files. 4.1.2 A 12.2 Other files, in addition to the three official personnel files, containing information regarding unit members may exist. However, information in such files may not be kept for longer than one year, or contain information not in the official personnel files which is more than one–year- old. The University shall not take action with respect to a unit member based upon information that is not contained in the official personnel files. 12.3 Unit members shall have the right to examine the official personnel files at any time during normal business hours and shall have the right to receive a copy of the District Administrative Offices official personnel files upon submission of advance written request to examine and/or obtain the human resources office of the MAU of the primary assignment or the location where the academic record resides. Unit members may place in these files a copyresponse to adverse information contained therein. 12.4 A United Academics representative, at having written authorization from the unit member’s expensemember concerned, and subject to the University's duty to provide for security of any material in her/his the records, may examine and request a copy of the official personnel filefiles of that unit member. Authorized University personnel or representatives of appropriate governmental agencies may examine official personnel files or may request a copy for routine administrative activity without notification, except those excluded as provided for in Article 12.8. Other persons may have access to the official personnel files only as provided by law, by appointment with the Human Resources Office. Material not available notification to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file 12.5 When a reprimand, disciplinary action, or delinquency in job performance is reduced to writing by a supervisor, the findings and decisions of the supervisor shall be kept filed, in confidence and shall be available for inspection only by writing, in the unit member's academic record file, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; a copy thereof simultaneously given to the unit member shall and to United Academics. No such material may be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered placed in a unit member's personnel academic record file unless without an original signature of the xxxx, or designee, and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the lettermember. The unit member shall sign such material to signify receipt and notification of such action. Such signature shall not be construed as agreement or disagreement with material contents. Material on disciplinary reprimands -shall be removed after two years except for specific formal disciplinary action for sexual harassment, physical assault, discrimination, theft, fraud, scientific misconduct, or substance abuse. Material on disciplinary suspensions and terminations shall be retained in the file. 12.6 The employment record file may forward contain the following: a. Information relating to the unit member's original hire, such as application, job evaluation form or current job description, curriculum vitae, transcripts, and hire documents, including benefit enrollment forms. b. Correspondence relating to the individual's employment. c. Documents showing the history of the unit member's work assignments and compensation, including workers' compensation payment documents and letter(s) of appointment. d. Other documents related to the unit member's employment status at the University. e. Unit member responses to the above, if any. 12.7 The academic record file may contain the following: a. Commendations, awards, honors, current curriculum vitae, official reprimands, including notices of unsatisfactory performance, disciplinary action, and appropriate material relating to the unit member's job performance. b. Correspondence relating to the individual's employment. c. Final grievance awards relating to the unit member's job performance or discipline. University authorized performance, peer, and student evaluations. d. Written documentation of faculty workload and evaluations relating to promotion, retention, tenure, and contractual obligations. e. Summaries of submitted proposals, notices of awarded grants and contracts, and summaries of donations or gifts received. f. Other documents relevant to the unit member's academic record at the University. All documents included in the promotion and/or tenure file. g. Unit member responses to the above, if any. 12.8 The medical records file shall contain all confidential medical information related to a unit member's employment. Access to and use of information contained in the file shall only be as provided by applicable law. Authorized University personnel may examine or copy this file for routine administrative purposes without notification to the unit member. If a representative of her/his rebuttal an appropriate government agency requests access to Human Resourcesthe medical record file of one or more named individuals, Attn: Employee Relationsthe University shall notify those individuals within ten working days. Other persons may have access to the medical record file only as provided by law, with notification to insure the rebuttal is included unit member. 12.9 The University shall not include material in the unit member’s 's official personnel files unless the source is identified and the material contains the date on which the material was placed in the file. 4.1.5 Upon 12.10 No items may be removed from the request unit member's official personnel files without the expressed written authorization of the unit member, all materials, except those materials referenced in Section 4for brief inspection or copying.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The 21.1.1 There shall be a single official personnel file of for each unit member member. Personnel files shall be maintained at kept in the central administrative office of the District's central Human Resources Office. 4.1.2 A 21.1.2 Materials in the personnel file of a unit member, except as noted below, shall be made available for inspection by the unit member shall have involved. Upon authorization by the right during normal business hours of the District Administrative Offices to examine and/or obtain a copyunit member, at an Association representative may review the unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to file or accompany the unit member includesin his/her review of the file in the District office. Material which may be excluded from inspection shall be limited to ratings, but is not limited toreports, materials, or records which were obtained prior to the employment of the unit membermember involved. Unit members shall have the right to inspect and obtain a copy of personnel file materials, upon request. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member21.1.3 Information of a derogatory nature, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoenaexcept material excluded, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall will not be entered in a unit member's personnel file filed unless and until the unit member is provided a copygiven notice and an opportunity to review and comment thereon. A unit member has a right to shall have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond enter, and have attached to any such derogatory statement, with their own comment thereon. Notice to the employee will be documented by a receipt signed by the employee. Such review, and any preparation of comments in writing within thirty (30) calendar days of the date of response to the material or disciplinary letter and to have that response attached to /or statement, shall take place during normal business hours and the letter. The unit member may forward shall be afforded a copy of her/his rebuttal reasonable release from duty for this purpose without salary reduction. 21.1.4 All material placed in a unit member’s personnel file shall be dated and signed by the person who caused the material to Human Resources, Attn: Employee Relations, be prepared and filed. 21.1.5 Administrator access to insure a unit member’s personnel file shall be legally limited to a “need to know” basis. Access authorization must be obtained from the rebuttal is included in superintendent. Routine filing matters that involve the unit member’s personnel filefile shall normally be limited to the superintendent, confidential secretary, personnel manager, or site administrators. No other District employee shall have access to the personnel file without the express written consent of the individual unit member. 4.1.5 Upon 21.1.6 The contents of all personnel files shall be kept in confidence. The District shall keep a log indicating the persons who have examined a personnel file, as well as the dates said examinations were made. Such logs shall be available for examination by the unit member or their authorized Association representative. 21.1.7 If the unit member wishes to remove an item from his/her personnel file, a written request shall be made to the superintendent. If the superintendent does not concur with the request of to remove or doesn’t respond to the unit member’s request within ten (10) days, all materials, except those materials referenced in Section 4the unit member may submit a grievance through the established grievance procedure.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The official 11.5.1. Official personnel file of each unit member files shall be maintained at kept in the District's central Human Resources District Office. 4.1.2 A 11.5.2. Materials in a unit member member's personnel file shall be made available for his/her inspection upon request. With appropriate authorization from the unit member, an Association representative may review the unit member's file or accompany him/her in the review of the file. 11.5.3. Unit members shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain a copycopy of personnel file materials upon request. 11.5.4. Information of a derogatory nature, at the unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material shall not available to be filed unless the unit member includes, but is not limited to, materials, which were obtained given written notice and an opportunity to review and comment thereon prior to placement of such materials in the employment of the file. 11.5.5. All material placed in a unit member. 4.1.3 The official 's personnel file shall be dated and signed by the person who caused the material to be prepared. Disciplinary documents shall not include references to unrelated documents or events. 11.5.6. The contents of all personnel files shall be kept in confidence strictest confidence. Access to a unit member's personnel file shall be limited to a "need-to-know" basis. A log shall be kept indicating persons other than the District Personnel Officer(s) who have requested to examine a personnel file and the dates such request was made. The log shall be available for inspection only review by the unit member, hermember or his/his representative of AFT (with the unit member’s written permission her authorized Association representative. 11.5.7. No negative or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the Districtderogatory information resulting from a parent or citizen's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member complaint shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered placed in a unit member's personnel file unless and until the following procedures have been followed: A. The information shall be reviewed with the unit member by the immediate supervisor as soon after it is provided received as is possible. B. Upon the unit member's request the immediate supervisor shall attempt to schedule a copy. A conference with the complainant and the unit member has in an attempt to resolve the dispute or concern that gave rise to the information. If the complainant refuses to attend such a right to have a written response attached to such derogatory material meeting and placed the complaint cannot be verified by any other witnesses, no formal record of the information shall be maintained by the District in her/his official the personnel file. A . C. If a meeting is held between the complainant and the unit member has and the matter is not resolved to the satisfaction of the complainant, he/she shall put the information in writing, sign it, and submit it to the supervisor, who shall forward a copy to the unit member as soon as possible. D. In the event the unit member disagrees with the complainant's written statement, the unit member shall have the right to respond attach a written statement which shall be placed in writing within thirty (30) calendar days of the date of unit member's personnel file together with the material complaint. E. Anytime the unit member and the supervisor or Assistant Superintendent agree that the written complaint contains false information, it shall not be placed in the unit member's personnel file and shall not be used in any evaluation or disciplinary letter and to have action against the unit member. 11.5.8. Providing that response attached to the letter. The unit member may forward does not engage in further misconduct of a copy of her/his rebuttal to Human Resourcessimilar nature, Attn: Employee Relations, to insure the rebuttal is included derogatory or disciplinary documentation contained in the unit member’s personnel file. 4.1.5 Upon file shall be removed four (4) years after the request date of the unit member, all materials, except those materials referenced in Section 4initial derogatory or disciplinary documentation.

Appears in 2 contracts

Samples: Certificated Contract, Certificated Contract

Personnel Files. 4.1.1 The official A. Official personnel file of each unit member files shall be maintained for each Faculty Member. Personnel files will be kept and maintained in accordance with Administrative Procedures A9.075 (see R-16 of Reference Section) Personnel Records. Official personnel files shall be maintained in the following places: 1. For the University of Hawaii at Manoa, in the DistrictOffices of the Deans/Directors; 2. For the University of Hawaii at Hilo, in the Offices of the Deans, and the Office of the Director of Libraries; 3. For UH-West Oahu, in the Office of the Xxxx of Faculty; and 4. For the Community Colleges, in the Offices of the Chancellors. The Employer shall inform the Union of the location and name of the custodian of the official Faculty personnel files. The Employer shall also notify the Union whenever the Faculty Member's central Human Resources Officefile is moved to another location. 4.1.2 B. The Faculty Member, upon request, shall be permitted to examine the official personnel files referred to in this Article during normal business hours, in the presence of a representative of the Employer, provided, however, any letters of recommendation solicited in connection with the initial employment, and subsequent statements of reference marked confidential, shall not be available to that Faculty Member. C. A unit member Faculty Member shall have the right during normal business hours of to submit written additions or responses to the District Administrative Offices material contained in the official personnel files. The Faculty Member may submit information relating to examine and/or obtain academic and professional accomplishments for inclusion in the Faculty Member's official personnel files. No anonymous material shall be placed in the official personnel files. D. Derogatory material in the official personnel files concerning a copyFaculty Member shall be destroyed five (5) years after being placed therein. Materials relating to professional performance and employment status shall not be destroyed. E. Upon request, at the unit member’s expense, Faculty Member shall be provided copies of any material in her/his the Faculty Member's official personnel file, except those excluded by law, by appointment files intended for use in connection with a grievance involving the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit memberFaculty Member. 4.1.3 F. The official personnel file Employer shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (provide a Faculty Member with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit membermaterial from another Faculty Member's personnel file unless if it deems that such material would be relevant to the processing of a Faculty Member's grievance and until the unit member is provided a copy. A unit member has a right to have a written response attached to provision of such derogatory material and placed in her/his official would not impair the confidentiality of the personnel file. A unit member has Faculty Member requesting material from such other personnel file shall identify each item with specificity. The Employer shall also require the right to respond in writing within thirty (30) calendar days written approval of the date other Faculty Member as to each item requested prior to releasing copies of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel filesame. 4.1.5 Upon G. A Faculty Member who is furnished material requested from the request Employer shall reimburse the Employer at the rate of $.50 for the unit member, all materials, except those materials referenced in Section 4first five (5) sheets and $.05 per sheet thereafter.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The official 24.1 There shall be a single personnel file for each unit member placed in a District designated office. 24.2 Materials in the personnel file of each a unit member, except as noted below, shall be made available for inspection by the unit member shall be maintained at involved. Upon written authorization by the District's central Human Resources Office. 4.1.2 A unit member shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain a copymember, at an Association representative may review the unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to file or accompany the unit member includesin his/her review of the file. Materials which may be excluded from inspection shall be limited to rating, but is not limited to, materialsreports or records, which were obtained prior to the employment of the unit membermember involved. Unit members shall have the right to obtain a copy of personnel file materials, upon request. 4.1.3 The official personnel file shall be kept 24.3 Information of a derogatory nature, except materials excluded in confidence and shall be available for inspection only by the unit memberaccordance with Section 24.2 above, her/his representative except content of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or characterevaluation, shall not be entered in a unit member's personnel file or filed unless and until the unit member is provided a copygiven notice and an opportunity to review and comment thereon. A unit member has a right to shall have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond enter, and have attached to any such derogatory statement, his/her own comment thereon. Such review, and any preparation of comments in writing within thirty response to the material and/or statement, shall take place during normal business hours, and the unit member shall be released from duty for this purpose without salary reduction at a mutually agreed upon time (30Education Code 44031). If the unit member alleges that the material is false and/or hearsay, a grievance may be initiated to determine the validity of such material. The material shall not be entered or filed unless and until such grievance sustains the material. In the event the District fails to comply with the provision of this section, such material shall not be allowed as evidence in any disciplinary action against the unit member or used by the District in any grievance filed by the unit member. 24.4 All material placed in a unit member’s personnel file shall be dated and signed by the person who caused the material to be prepared. Material in excess of three (3) calendar days years of age may be removed by the date unit member. 24.5 Documents must be signed and dated by the person or persons who draft and/or request placement of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file, excluding routine materials not related to a unit member’s performance. 4.1.5 Upon 24.6 Access to a unit member’s personnel file shall be limited to the request of appropriate administrator(s) and the unit member. The contents of all personnel files shall be kept in strictest confidence. The District shall keep a log indicating the persons who have requested to examine a personnel file, all materialsas well as the date such requests were made. Such log shall be available to examination by the unit member or their authorized Association representative. 24.7 Whenever a personnel file is reviewed, except those materials referenced in Section 4an authorized representative of the District shall be present to monitor the safe keeping of its contents.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 1. There will be established and maintained one (1) official file on all unit members. The official personnel file shall be maintained by the office of each the Superintendent. 2. Personnel files shall be open to inspection by the unit member and/or an authorized representative. 3. Unit members shall be notified of the placement of any material in the file which relates in any manner to the effectiveness of performance and the unit member shall be maintained at given a copy of any material placed in the District's central Human Resources Officeofficial file and delivery of said copy shall constitute notice. 4.1.2 A 4. If and when a unit member and the Superintendent/designee agree that there is adequate evidence that certain material in said unit member's file is irrelevant, inappropriate or false, such material shall be removed from the file or corrected. If the unit member and the Superintendent/designee are unable to reach an agreement and the unit member still believes that the material contained in the file is irrelevant, inappropriate or false, such unit member shall have the right to attach a written statement to the disputed information and to request a determination by the President of the Board and the Association President. 5. Unit members shall have the right to inspect their personnel file at any time as long as such requests are during the normal business working hours of the District Administrative Offices administrative offices. 6. In addition to examine and/or obtain a copy, at the unit member’s expense's personnel file, only one (1) anecdotal file may be maintained by the district. Said file shall be housed by the unit member's principal evaluator, although other evaluators may place anecdotal records in said file. Copies of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available this file shall be given to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel and said file shall be kept subject to the provisions of paragraphs 2, 3, 4 and 5 herein. 7. Unit members may include items in confidence and shall the respective official file pertaining to performance or contributions to the field of education. 8. In order for any person other than the aforementioned people to obtain access to an individual personnel file, that person must notify the Superintendent of the information they wish to see. The unit member will be available notified of the contents of the request for inspection only information by the Superintendent at the time the request is made. A bargaining unit member, her/his representative member will be promptly notified of AFT (with the any public record request to review said unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit memberpersonnel records. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the Said unit member shall be notified of such access. Said notification shall include told the name and title of the administrative official accessing the official file person making said request, if known, and the reason for such access. Nothing herein shall a district employee will be construed to prevent compliance with present whenever a valid court order or subpoena, although the unit member shall be noticed if such person reviews a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon . The unit member or a union representative shall be permitted to be present if possible within the request of time allotted by law to make public records available and someone is available to cover the unit member, all materials, except those materials referenced in Section 4’s teaching and duty responsibilities.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The There shall be one official personnel file for each faculty member and it shall be located in the Office of Human Resources. Each official personnel file shall contain two parts: a privacy folder (a separate file) into which health and disability information, evaluative materials, including any disciplinary actions, sealed materials, and performance-related evaluations concerning the faculty member are placed, and a public record file into which initial credentialing records, salary and benefits records, and other non-evaluative materials are placed. Hereafter, a copy of each unit item placed in the privacy folder will be furnished to the faculty member shall be maintained at the District's central Human Resources Office. 4.1.2 A unit without having to request it. Each faculty member shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain a copy, at and photocopy the unit member’s expense, contents of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The or her own official personnel file at his or her own expense and during Human Resources Department office hours. The faculty member may be accompanied by an Association representative. No anonymous material shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit any faculty member’s personnel file. 4.1.5 Upon . Neither the request Board nor its administrative representatives shall establish any separate personnel file which is not available for the faculty member’s inspection; however, nothing in this section shall preclude the Board or its administrative representatives from establishing private administrative working files. Each faculty member shall have the right to place written comments in his or her personnel file in response to any material. Such comment shall be attached to the material to which response is being made. Anyone who reviews a faculty member’s privacy folder shall first record in the file his or her name and title, the date, and the purpose of the unit member, all materials, except those materials referenced in Section 4review and will sign the entry.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The official A. Official personnel file of each unit member files shall be maintained for each Faculty Member. Personnel files will be kept and maintained in accordance with Administrative Procedures A9.075 (see R-15 of Reference Section) Personnel Records. Official personnel files shall be maintained in the following places: 1. For the University of Hawaii at Manoa, in the DistrictOffices of the Deans/Directors; 2. For the University of Hawaii at Hilo, in the Offices of the Deans, and the Office of the Director of Libraries; 3. For UH-West Oahu, in the Office of the Vice Chancellor for Academic Affairs; and 4. For the Community Colleges, in the Offices of the Chancellors. The Employer shall inform the Union of the location and name of the custodian of the official Faculty personnel files. The Employer shall also notify the Union whenever the Faculty Member's central Human Resources Officefile is moved to another location. 4.1.2 B. The Faculty Member, upon request, shall be permitted to examine the official personnel files referred to in this Article during normal business hours, in the presence of a representative of the Employer, provided, however, any letters of recommendation solicited in connection with the initial employment, and subsequent statements of reference marked confidential, shall not be available to that Faculty Member. C. A unit member Faculty Member shall have the right during normal business hours of to submit written additions or responses to the District Administrative Offices material contained in the official personnel files. The Faculty Member may submit information relating to examine and/or obtain academic and professional accomplishments for inclusion in the Faculty Member's official personnel files. No anonymous material shall be placed in the official personnel files. D. Derogatory material in the official personnel files concerning a copyFaculty Member shall be destroyed five (5) years after being placed therein. Materials relating to professional performance and employment status shall not be destroyed. E. Upon request, at the unit member’s expense, Faculty Member shall be provided copies of any material in her/his the Faculty Member's official personnel file, except those excluded by law, by appointment files intended for use in connection with a grievance involving the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit memberFaculty Member. 4.1.3 F. The official personnel file Employer shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (provide a Faculty Member with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit membermaterial from another Faculty Member's personnel file unless if it deems that such material would be relevant to the processing of a Faculty Member's grievance and until the unit member is provided a copy. A unit member has a right to have a written response attached to provision of such derogatory material and placed in her/his official would not impair the confidentiality of the personnel file. A unit member has Faculty Member requesting material from such other personnel file shall identify each item with specificity. The Employer shall also require the right to respond in writing within thirty (30) calendar days written approval of the date other Faculty Member as to each item requested prior to releasing copies of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel filesame. 4.1.5 Upon G. A Faculty Member who is furnished material requested from the request Employer shall reimburse the Employer at the rate of $.50 for the unit member, all materials, except those materials referenced in Section 4first five (5) sheets and $.05 per sheet thereafter.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 The official A. This Chapter shall supersede Chapter 1347 of the Ohio Revised Code and any other contrary provisions of law. B. An official, personnel file of for each unit member shall will be maintained at in the District's central Human Resources OfficeBoard office. Social Security numbers and any HIPPA information will be redacted. Administrators and Supervisors may maintain their own personal independent files solely for their own use. 4.1.2 A unit member C. Unit members and/or their authorized representatives shall have access to their personnel files upon reasonable request. At the right during normal business hours time of the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; such review the unit member shall be notified entitled to copies of such access. Said notification shall include the name and title of the administrative official accessing the official any materials in his/her file and the reason for such access. Nothing herein at his/her expense. D. Except as may otherwise be required by state law, access to a Bargaining Unit Member’s personnel file shall be construed limited to prevent compliance with a valid court order or subpoenathe Board and/or its counsel, although the unit member shall be noticed if such a request occursSuperintendent, the Treasurer, and other administrators who directly supervise that Bargaining Unit Member. 4.1.4 Material derogatory E. Should anyone not outlined in Section 10(D) of this Article seek access to a the bargaining unit member’s conductpersonnel file, performanceunder state law, the following criteria shall be met: 1. The Superintendent/designee will inform the teacher within two (2) business days that someone has requested review or character, shall not be entered in a unit member's copy of personnel file unless documents and until who the unit member person is, it the identity is provided a copyknown to the administration. 2. A unit member has a right to The cost of duplicating any materials in the file shall be borne by the outside individual opening the file. 3. No outside individual shall have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included place any information in the bargaining unit member’s personnel file. 4.1.5 Upon 4. When a subpoena is served seeking access to a bargaining unit member’s personnel file, reasonable effort will be made to notify the request bargaining unit member. F. A Bargaining Unit Member may attach a written statement of reply to any item that is placed in his/her file. No anonymous material critical of a Bargaining Unit Member of his/her performance shall be placed in a Bargaining Unit Member’s file. G. A Bargaining Unit Member shall be given a copy of any written evaluation or reprimand. The unit member shall sign to acknowledge receipt. One signed copy will be given to the unit member and one shall be retained in his/her official personnel file. The employee’s signature does not necessarily indicate agreement with the contents of the document. H. If a unit member disputes the accuracy, relevance, timeliness or completeness of material in his/her file, or compliance with any provision of this Article, he/she may file a written complaint with the Superintendent, who shall conduct an investigation. The complaint shall specify the reasons why the unit member believes the material lacks one or more of these qualities or is in violation of any of these provisions. 1. If the Superintendent affirms the complaint, the material in dispute shall be modified or removed from the unit member’s file. 2. If the Superintendent denies the complaint or fails to respond, the unit member is entitled to assume the status of a grievant following Step Two of the Grievance Procedure. 3. If, with the Association’s concurrence, the unit member elects to submit the dispute to Step Four of the grievance procedure after receiving the Superintendent’s decision, the arbitrator may not order material removed from the Bargaining Unit Member’s personnel file unless the Bargaining Unit Member demonstrates that the material is factually inaccurate, irrelevant, untimely or incomplete. No grievance or aspect of any grievance that concerns an administrator’s exercise of his/her professional judgment in matters such as evaluation and observation may be taken to Step Four. Moreover, an arbitrator is specifically prohibited from substituting his/her judgment for that of an administrator in matters of professional judgment. I. Material in a personnel file may also be removed upon written mutual agreement of the unit member, all materials, except those materials referenced in Section 4member and the administrator who made the entry or the Superintendent.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Personnel Files. 4.1.1 1. Official personnel files maintained by the Board about Members of the Bargaining Unit are records of the employment history of the Member in the School. Subject to the provisions of this Agreement, the contents and use of the official personnel file are for decisions respecting terms and conditions of the employment of a Member. The purpose of this Article is to ensure that the files are used in an appropriate manner and fairly represent the Member's employment history. 2. There shall be one (1) official personnel file maintained in the office of Human Resources or in such other location designated by the Xxxx for each Member which shall include some or all of the following items: a) pre-employment materials including correspondence associated with the application, curriculum vitae, transcripts, and letters of reference; b) copies of letters relating to Board actions respecting the Member, including initial appointment, annual renewal of appointment, granting of a continuing appointment, tenure, promotion, approved leaves of absence, administrative appointments, etc; c) correspondence related to the Member's employment between the Member and any of the following: the Xxxx, the appropriate Associate Xxxx, the Division Head, the immediate supervisor; d) materials relating to recommendations on salary, tenure, continuing appointment, and promotion save for all materials relevant to decisions of the Peer Review Committees for tenure and promotion which shall be kept in the Office of the Associate Xxxx Faculty Affairs and form an auxiliary personnel file; e) materials respecting professional development and achievement; f) copies of the Member's annual reports. 3. The immediate supervisor may keep a file on a Member, but such files shall not constitute the Member's official personnel file. These files may contain copies of some or all of the material kept in the official personnel file. The official personnel file of each unit member and any other files kept pursuant to paragraph 1 shall be maintained at clearly marked as confidential. All the District's central Human Resources Officerestrictions specified in this Article which apply to the official personnel file apply equally to all files referred to in this Article. 4.1.2 A unit member 4. An inventory sheet shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any material be included in her/his each official personnel file. Each official personnel file shall contain a form indicating the name of anyone who has accessed the file, except those excluded the date and time the file was accessed, and the reason for accessing the file (pursuant to paragraph 7). Such recording shall exclude required access for filing and administrative purposes by law, by appointment Human Resources staff. 5. No anonymous material shall be kept in a Member's official personnel file. 6. Confidential material kept in a Member's official personnel file shall be subject to the following rules of storage: a) confidential material is limited to signed letters of reference solicited with the knowledge of the Member, and any other letter or document transmitted in confidence which the Member, his/her immediate supervisor, the Xxxx, the appropriate Associate Xxxx, the Director of Human Resources Office. Material not available Resources, or a Committee solicited pursuant to this Agreement; and, b) a Member shall receive an inventory of the confidential materials in his/her official personnel file on request to the unit member includesXxxx, but is not limited to, materials, which were obtained prior such an inventory to include the employment date and general subject matter of the unit memberconfidential material. 4.1.3 7. The official personnel file shall be kept the only source of confidential personal employment information used in confidence and any official School proceeding. The official documents constituting the file shall be available for inspection only by the unit memberpaper originals or, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of event the District's affairs original document is received in facsimile or the supervision of the unit memberelectronic form, an accurate paper copy. Any time the unit member’s official personnel file is accessed by anyone other than: Such material may be used as follows: a) the unit memberrenewal of a probationary appointment, pursuant to Article 2.5; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed tenure, pursuant to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.Article 2.6;

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Personnel Files. 4.1.1 The official 3 A. There shall be a single personnel file for each unit member. Personnel files shall be kept 4 in the Central Administrative Office of each the District. 5 1. Every unit member shall be maintained at permitted to review the District's central Human Resources Officematerials in his/her personnel 6 file during non-duty time. 4.1.2 7 2. All material placed in the file shall be dated and signed by the person who caused 8 the material to be placed in the file. 9 3. A unit member may have a representative present when inspecting his/her 10 personnel file. 11 B. Material that may be excluded from inspection shall have the right during normal business hours of the District Administrative Offices be limited to examine and/or obtain a copyratings, at reports or (1) obtained prior to the unit member’s expense, employment; (2) prepared by 13 identifiable examination committee members; or (3) obtained in connection with a 14 promotional examination. 15 C. Information of any material in her/his official personnel filea derogatory nature, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment for material mentioned in Provision B of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or characterthis 16 article, shall not be entered in a unit member's personnel file or filed unless and until the unit member is provided given a copycopy of 17 the material and an opportunity to review and comment thereon. A Such review shall take 18 place during normal business hours, and the unit member has a right to have a written response attached to shall be released from duty for 19 this purpose without salary reduction. In the event this is not done, such derogatory material and placed shall 20 not be allowed as evidence in her/his official any disciplinary action against the unit member or used by 21 the District in any grievance filed by the unit member. 22 D. District administrators who supervise and/or evaluate unit members may maintain 23 separate files on each unit member they supervise and/or evaluate, but any such file shall 24 not be considered the personnel file. A When disciplining or assigning a unit member has member, the 25 District may rely on material in the personnel file, the evaluator’s file, or any other 26 relevant material. 27 E. The District retains the right to respond remove from the files, prior to inspection, items not 28 subject to review as defined in writing within thirty (30) calendar days Provision B of this article. The District also retains the date 29 right to make a listing of items contained in the material or disciplinary letter and to have that response attached file prior to the letterreview by the unit 30 1 member and/or the unit member’s representative. The unit member may forward and/or designee may 3 F. Access to a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon file shall be limited to the request of the unit member, all materials, except those materials referenced in Section 4.Superintendent and/or

Appears in 1 contract

Samples: Contractual Agreement

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Personnel Files. 4.1.1 The official 20.1 There shall be a single personnel file for each Unit Memberemployee. Personnel files shall be kept in the central administrativehHuman rResources office Office of the District. 20.2 Materials in the personnel file of each unit member an Unit Memberemployee, except as noted below, shall be maintained at made available for inspection by the District's central Human Resources Office. 4.1.2 A unit member Unit Memberemployeeinvolved. Unit MembersEmployees shall have the right during normal business hours of the District Administrative Offices to examine and/or inspect and obtain a copycopy of personnel file materials, at upon request. Upon authorization by the unit member’s expenseUnit Memberemployee, of any material in a UnionCEU representative may review the Unit Memberemployee's file or accompany the Unit Memberemployeein her/his official personnel review of the file, except those excluded by law, by appointment with the Human Resources Office. Material not available which may be excluded from inspection shall be limited (California Labor Code Section 1198.5) to the unit member includesratings, but is not limited toreports or records which: • Ratings, materialsreports, which were or records that were: Were obtained prior to the employment of the unit memberUnit Memberemployeeinvolved; Wwere prepared by identifiable examination committee members.; W or were obtained in connection with a promotional examination. 4.1.3 The official personnel file shall be kept 20.3 Information of a derogatory nature, except material excluded in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (accordance with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or charactersection 20.2 above, shall not be entered in a unit member's personnel file or filed unless and until the unit member is provided a copyUnit Memberemployeeis given notice and an opportunity to review and comment thereon. A unit member has a right to An Unit Memberemployeeshall have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond enter, and have attached to any such derogatory statement, her/histheir own comments thereon. Such review, and any preparation of comments in writing within thirty (30) calendar days of the date of response to the material or disciplinary letter and/or statement, shall take place during normal business hours, and the Unit Memberemployeeshall be released from duty for this purpose without salary reduction. This time for review and comment is limited to have that response attached one (1) hour during normal business hours. 20.4 All material placed in an Unit Memberemployee's personnel file shall be dated and signed by the person who prepared the material. Material shall be added in a timely fashion, and an effort will be made to the letteradd any materials within one (1) month. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is No anonymous material shall be included in the any unit membermemberemployee’s personnel file. 4.1.5 Upon 20.5 Access to a Unit Member's personnel file shall be limited to a "need to know" basis. The contents of all personnel files shall be kept in strictest confidence except when law mandates release of certain information. Access authorization by anyone other than the request employee or designee must be obtained from either the Superintendent/President, the employee’s administrator, the employee’s directimmediate supervisor, or their designee. The contents of all personnel files shall be kept in strictest confidence. The District shall keep a log indicating the unit memberpersons who have requested to examine a personnel file, all materials, except those materials referenced in Section 4as well as the dates such requests were made. This log shall be available for examination by the Unit Memberemployeeor her/histheir authorized Union CEU representative.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 ‌‌‌ 7.1 The official personnel file of each unit member County Office shall be maintained at the District's central Human Resources Office. 4.1.2 A unit member shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain a copy, at maintain the unit member’s expensepersonnel files, of any material electronically and/or in her/his official personnel paper format and in cases where necessary, a separate grievance file, except at the County Office’s central office. Any files not kept at the central office, including those excluded individual files kept by lawthe unit principal or team leader at their office site, by appointment with the Human Resources Office. Material shall not available to be used in any actions or proceedings brought against the unit member includes, but by the County Office. 7.2 The contents of all Personnel Files shall be kept in the strictest confidence. 7.3 Such material is not limited toto include ratings, materialsreports, or records which were (a) obtained prior to the employment of the person, (b) prepared by identifiable examination committee members, or (c) were obtained in connection with a promotional examination. 7.4 The unit member shall have the right to inspect such materials upon request, provided that the request is made at a time outside of the unit member’s assigned work day. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only 7.5 Upon written authorization by the unit member, her/his a representative of AFT the Association shall be permitted to examine and/or obtain copies of material in such unit member’s Personnel File. 7.6 Any letter of recommendation or other materials written for a unit member that the unit member wishes to include in their Personnel File shall be placed in the following manner: 7.6.1 Copies of such materials shall be sent to the unit members who shall initial it if they wish to have it included in their Personnel File. 7.6.2 The unit member shall send a copy to the Department Director, who shall initial it and send it to the Human Resource Department within 10 working days. 7.6.3 The Human Resource Services Director shall notify the unit member in writing within five (with 5) working days that the material has been placed in their Personnel File. 7.6.4 The total number of such letters or materials entered into the Personnel File at the unit member’s written permission or when accompanied by the request shall not exceed one (1) each year. 7.7 The original copy of a unit member) and authorized administrative employees of the District when actually necessary ’s evaluation shall be placed in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction Personnel File upon completion of the Vice Chancellor of evaluation process. The Human Resources; Resource Services Department shall notify the unit member shall be notified in writing that the evaluation documents have been placed in their Personnel File within fifteen (15) business days of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursreceipt. 4.1.4 Material 7.8 As provided in Education Code Section 44031: 7.8.1 Information of a derogatory to nature shall not be entered or filed in a unit member’s conductPersonnel File, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A given notice and an opportunity to review and comment on the document. 7.8.2 The unit member’s written comments shall be included in the file and attached upon request. 7.8.3 The unit member has a right shall be given an opportunity during reasonable business hours and without loss of salary to have review such documents and to prepare a written response attached to such derogatory material and material. 7.9 Derogatory documentation must be placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel Personnel File within one (1) month of the date it is written. It must be signed and dated by the originator or the person directing it into the file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 The official personnel file of each unit member shall be maintained at the District's central Human Resources Officeoffice. 4.1.2 A unit member shall have the right during normal business hours of the District Administrative Offices offices to examine and/or obtain a copy, at the unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Officeoffice. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.Section

Appears in 1 contract

Samples: Food Services Agreement

Personnel Files. 4.1.1 Section 9.1 The Employer/University Administration shall maintain one (1) official personnel file file, to be located in the Office of each unit member shall be maintained at the District's central Human Resources Officefor each member of the bargaining unit. 4.1.2 Section 9.2 A bargaining unit member shall have the right to inspect his/her personnel file during normal regular business hours upon advance request, and shall have the right to copy materials at his/her expense. The Union shall have access to inspect a bargaining unit member's personnel file, and to copy materials at Union expense, during regular business hours upon advance request and upon prior written authorization of such bargaining unit member. The file shall be inspected by the bargaining unit member or the Union in the presence of a Human Resources representative. The right to inspect and copy the contents of the District Administrative Offices personnel file shall extend to examine and/or obtain a copyall materials in the file with the sole exception of letters of recommendation to which the individual has waived access at some point and which are therefore treated as confidential in nature. Prior to inspection of the file, at these confidential letters of recommendation shall be removed temporarily from the file in the presence of the bargaining unit member’s expense, or the Union. Section 9.3 The Union agrees to indemnify and hold the Employer/University Administration and its officials, agents, representatives and employees harmless from and against any and all liability for any improper, illegal or unauthorized use by the Union of information contained in such files. Section 9.4 The bargaining unit member may challenge the accuracy or propriety of any material contained in herhis/his her file by filing a written statement in the personnel file. If the Employer/ University Administration and an employee agree that certain factual information in his/her personnel file is inaccurate, such information shall be corrected or expunged. Section 9.5 It shall be the responsibility of each bargaining unit member to inform the Human Resources Office of any change in: name; address; dependents; or beneficiary. Section 9.6 A copy of any item that comes into the Human Resources Office for an individual's official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material and which does not available indicate that a copy was provided to the bargaining unit member includesor contain the bargaining unit member's signature, but is not limited to, materials, which were obtained prior will be sent to the employment of the bargaining unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 The official All reports dealing with disciplinary action or performance evaluation to be placed in a nurse’s personnel folder shall be offered to the nurse for examination and any written comments she/he may wish to add. Any nurse may inspect her/his personnel file upon request and after a reasonable period of each unit member notice to the Human Resources Department during normal Human Resources Department hours. The nurse may be accompanied by a duly authorized business representative of the Association. Inspection of the nurse’s file shall be maintained at made in the District's central presence of a member of the Human Resources OfficeDepartment. Records concerning possible criminal offense and any letters of reference shall be excluded. The nurse may make any notes she/he wishes, but no data may be removed or borrowed from the file. The Human Resources Department will furnish a nurse with a photocopy of her/his personnel record or portions thereof, upon request and with reasonable notice, free of charge. At the request of a duly authorized business representative of the Association, the Hospital will deliver to the Association business representative copies of the materials in a nurse’s personnel file, provided that the parties are at least at a Step 2 grievance and the material is relevant to the Step 2 grievance. The Association agrees that such material shall not be given out to the public; confidential material shall be treated with discretion. The Association shall indemnify and hold harmless the Hospital against any and all claims, demands, suits or other forms of liability which may arise by reason of providing such copies to the Association in complying with the above provisions. 4.1.2 A unit Section 10.1 Bereavement Leave When a nurse is absent because she/he is attending the funeral of a member of her/his immediate family and such absence and its continuation is supported, when requested, by acceptable proof of death, her/his relationship to the deceased, date of funeral, nurse’s actual attendance at such funeral, she/he shall have receive up to a maximum of five days in seven from the right during normal business hours date of death or the following day for spouse, children (including xxxxxx children) and parents and up to a maximum of three days in seven for the death of another member of the District Administrative Offices immediate family provided: (a) A member of her/his immediate family shall mean only father, mother, xxxxxx parents, brother, sister, child, grandchild, xxxxxx children, mother-in-law, father-in-law, grandparents, step-parents, or any person living in the household. In addition to examine and/or obtain the above, one day shall be granted for the day of the funeral for son-in-law, daughter-in-law, brother-in-law and sister-in-law. (b) Notice is given to the Hospital of the purpose of such absence no later than the first full working day of such absence. (c) Payment shall be made for a copyday of absence only if such day is a day on which she/he was previously scheduled to work. (d) Such nurse, at to qualify, must have completed a probationary period. (e) Subject to applicable requirements set forth in this Section 10.1 for full-time nurses, a part- time nurse will receive the unit member’s expense, pay which should have been received had she/he worked on a day when she/he was scheduled to work but attended the funeral of any material a decedent in her/his official personnel file, except those excluded by law, by appointment with immediate family as defined in Section 10.1(a) above. (f) Subject to approval of the Human Resources Office. Material not available Department head and appealable to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor director of Human Resources; the unit member , nurses shall be notified granted a maximum of such access. Said notification shall include one day per year (the name and title nurse may use a sick day, vacation day, holiday, or day without pay) for the day of the administrative official accessing the official file and the reason for such accessfuneral of a “significant other” not mentioned in Section 10.1(a) above. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, Such permission shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel fileunreasonably withheld. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 12.1 The University maintains three official personnel files for each unit UNAC member, which consist of an "employment record file," an "academic record file" and, when required by law, a confidential "medical record file.". The employment record file shall be located inmaintained by the human resources office of the MAU of the primary assignment. The academic record file of each unit the UNAC member shall be maintained at located inmaintained by the Districtunit UNAC member's central Human Resources Officexxxx’x officedean/director or the academic affairs office on the unit UNAC member's campus of their primary assignment. The medical record file shall be kept inmaintained by the human resources office of the MAU of the primary assignment, separate from other official personnel files. 4.1.2 A 12.2 Other files, in addition to the three official personnel files, containing information regarding unit UNAC members may exist. However, information in such files may not be kept for longer than one year, or contain information not in the official personnel files which is more than one year old. The University shall not take action with respect to a unit UNAC member based upon information that is not contained in the official personnel files. 12.3 Unit UNAC members shall have the right to examine the official personnel files at any time during normal business hours and shall have the right to receive a copy of the District Administrative Offices official personnel files upon submission of advance written request to the human resources office of the MAU of the primary assignment or the location where the academic record resides. Unit UNAC members may place in these files a response to adverse information contained therein. 12.4 A United Academics representative, having written authorization from the unit UNAC member concerned, and subject to the University's duty to provide for security of the records, may examine and/or obtain and request a copycopy of the official personnel files of that unit UNAC member. Authorized University personnel or representatives of appropriate governmental agencies may examine official personnel files or may request a copy for routine administrative activity without notification, except as provided for in Article 12.8. Other persons may have access to the official personnel files only as provided by law, with notification to the unit UNAC member. 12.5 When a reprimand, disciplinary action, or delinquency in job performance is reduced to writing by a supervisor, the findings and decisions of the supervisor shall be filed, in writing, in the unit UNAC member's academic record file, and a copy thereof simultaneously given to the unit UNAC member and to United Academics. No such material may be placed in a unit UNAC member's academic record file without an original signature of the xxxx/director, or designee, and the unit UNAC member. The unit UNAC member shall sign such material to signify receipt and notification of such action. Such signature shall not be construed as agreement or disagreement with material contents. Material on disciplinary reprimands -shall be removed after two years except for specific formal disciplinary action for sexual harassment, physical assault, discrimination, theft, fraud, scientific misconduct, or substance abuse. Material on disciplinary suspensions and terminations shall be retained in the file. 12.6 The employment record file may contain the following: a. Information relating to the unit UNAC member's original hire, such as application, job evaluation form or current job description, curriculum vitae, transcripts, and hire documents, including benefit enrollment forms. b. Correspondence relating to the individual's employment. c. Documents showing the history of the unit UNAC member's work assignments and compensation, including workers' compensation payment documents and letter(s) of appointment. d. Other documents related to the unit UNAC member's employment status at the University. e. Unit UNAC member responses to the above, if any. 12.7 The academic record file may contain the following: a. Commendations, awards, honors, current curriculum vitae, official reprimands, including notices of unsatisfactory performance, disciplinary action, and appropriate material relating to the unit member’s expense's job performance. b. Correspondence relating to the individual's employment. c. Final grievance awards relating to the unit UNAC member's job performance or discipline. d. University authorized performance, peer, and student evaluations. e. Written documentation of any material faculty workload and evaluations relating to promotion, retention, tenure, and contractual obligations. f. Summaries of submitted proposals, notices of awarded grants and contracts, and summaries of donations or gifts received. g. Other documents relevant to the unit UNAC member's academic record at the University. h. All documents included in her/his official the promotion and/or tenure file. i. Unit UNAC member responses to the above, if any. 12.8 The medical records file shall contain all confidential medical information related to a unit UNAC member's employment. Access to and use of information contained in the file shall only beas provided by applicable law. Authorized University personnel filemay examine or copy this file for routine administrative purposes without notification to the unit UNAC member. If a representative of an appropriate government agency requests access to the medical record file of one or more named individuals, except the University shall notify those excluded individuals within ten working days. Other persons may have access to the medical record file only as provided by law, by appointment with the Human Resources Office. Material not available notification to the unit member includes, but UNAC member. 12.9 The University shall not include material in the unit UNAC member's official personnel files unless the source is not limited to, materials, identified and the material contains the date on which were obtained prior to the employment material was placed in the file. 12.10 No items may be removed from the unit UNAC member's official personnel files without the expressed written authorization of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit UNAC member, her/his representative of AFT (with the unit member’s written permission except for brief inspection or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurscopying. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 1. The vice president for academic affairs shall maintain the only authorized files on individual full­time faculty members. Authorized files are defined in A. and B. below. A. A pre­employment file. This file will consist of all material requested or received by the university from persons other than the applicant in connection with the faculty member’s initial appointment. Material in this file will not be available to the faculty member, nor will it be made part of the faculty member’s file during promotion and tenure proceedings. B. An official personnel file. This file of each unit will consist of: (1) Biographical data and information relating to the faculty member’s academic and professional accomplishments submitted by the faculty member shall or submitted at his or her request; (2) Official correspondence between the university and the faculty member or pertaining to the faculty member; (3) Written evaluations prepared by the department chairperson, xxxx, vice president for academic affairs, or president in connection with appointment, evaluation, reappointment, tenure, or promotion; (4) Other written appraisals, evaluations and recommendations. Only signed material will be maintained at the District's central Human Resources Officeplaced in this file. 4.1.2 A unit 2. When material, other than that submitted by the faculty member shall have or submitted at his or her request, is placed in the right during normal business hours of the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to vice president for academic affairs will notify the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit faculty member. 4.1.3 3. The official personnel file shall be kept available for the faculty member to examine by appointment at reasonable hours. The faculty member may request copies of material in confidence and his or her file, which shall be available for inspection only by the unit member, her/provided at a reasonable charge. 4. The faculty member may have placed in his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s her official personnel file is accessed by anyone other than: a) material to rebut or explain derogatory information that might be in the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit faculty member has may also request the right material be removed from his or her file. The decision to respond remove or not to remove material shall be made by the vice president for academic affairs. Such information shall be removed if challenged in writing within thirty (30) calendar days a successful grievance. 5. Access to either the pre­employment or official personnel files will not be granted to anyone outside the university without the written consent of the date of faculty member. 6. Nothing in this Article shall limit the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included university in the unit member’s personnel filemaintenance and retention of records dealing with routine matters, including but not limited to payroll, fringe benefits, financial, historical and statistical records. Such records are to be filed in appropriate offices. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 ‌ 1. The official designee/s of the Director shall maintain each faculty member’s personnel files in a manner which will reasonably guarantee their confidentiality. Access to a faculty member’s file of each unit member shall be maintained limited to: a. The faculty member, and, if the faculty member so desires, a representative to accompany him/her. b. The Director c. The designee/s of the Director d. The Director, Human Resources e. The principal or principals under whom the faculty member is working or may be working. f. A designee of the faculty member presenting separate written authorization for each and every specific examination of file requested. 2. If a faculty member, or a designee as described above, requests to see the faculty member’s file: a. The Director, Human Resources shall review its contents. b. Confidential documents from the outside agencies related to the faculty member’s initial employment (e.g., college placement folders) shall be placed in an envelope marked “Not to be opened by the teacher to whom these contents refer.” The teacher, or the designee, shall not have access to the contents of this envelope. c. Evaluative statements written prior to September 1972, shall be dealt with as follows: i. Those from administrators and supervisors who are no longer with the Schools (former Directors, principals, department chairpersons, etc.) will be destroyed, unless said administrator or supervisor has given permission for inclusion of the evaluation in the teacher’s open file. ii. Those from administrators and supervisors who are now in the employ of the Schools will be returned to their authors with the option either to have them destroyed or returned, without change, to the faculty member’s file. d. All documents in the faculty member’s file, except those in the envelope marked “Not to be opened by the teacher to whom these contents refer,” shall be made available for examination by the faculty member, or the designee, upon reasonable and timely request to the Director, Human Resources and in the presence of the Director, Human Resources, or her/his designee. The faculty member may make copies of these documents at the District's central Human Resources Officefaculty member’s own expense. 4.1.2 e. A unit faculty member shall have the right during normal to see the personnel file within seven (7) business hours of days after making a request to see the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, file. 3. A copy of any evaluative material shall be given to the faculty member, and the faculty member shall have the opportunity to respond to it within ten (10) working days of receipt, prior to insertion of material in her/his official personnel the file, except those excluded by law, by appointment with . 4. A faculty member shall have the Human Resources Office. Material not available right to have statements attached to material in the file and to add materials to the unit member includes, but is not limited to, materials, which were obtained prior file. 5. All material relevant to the employment making of evaluative judgments regarding any faculty member and all materials concerning the unit member. 4.1.3 The official personnel file shall be kept in confidence conduct and shall be available for inspection only by the unit member, her/his representative performance of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit a faculty member shall be notified placed in the Director’s faculty member file, which is the subject of such accessthis Section. 6. Said notification shall include If the name faculty member and title of Administration agree that certain material can be removed from the administrative official accessing the official file and the reason for such access. Nothing herein file, it shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursremoved. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 The official personnel file of each unit member shall be maintained at the District's central Human Resources Office. 4.1.2 A unit member shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Assistant Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 Section 9.1 The Employer/University Administration shall maintain one official personnel file for each member of each unit member shall be maintained at the District's central Human Resources Officebargaining unit. 4.1.2 Section 9.2 A bargaining unit member shall have the right to inspect his/her personnel file during normal regular business hours of the District Administrative Offices to examine and/or obtain a copyupon advance request, at the unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by have the unit member, herright to copy materials at his/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit memberher expense. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member The Union shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed have access to prevent compliance with inspect a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a bargaining unit member's personnel file, and to copy materials at Union expense, during regular business hours upon advance request and upon prior written authorization of such bargaining unit member. The file unless and until shall be inspected by the bargaining unit member is provided or the Union in the presence of a copyHuman Resources representative. A The right to inspect and copy the contents of the personnel file shall extend to all materials in the file with the sole exception of letters of recommendation to which the individual has waived access at some point and which are therefore treated as confidential in nature. Prior to inspection of the file, these confidential letters of recommendation shall be removed temporarily from the file in the presence of the bargaining unit member, or the Union. Section 9.3 The Union agrees to indemnify and hold the Employer/University Administration and its officials, agents, representatives and employees harmless from and against any and all liability for any improper, illegal or unauthorized use by the Union of information contained in such files. Section 9.4 The bargaining unit member has a right to have may challenge the accuracy or propriety of any material contained in his/her file by filing a written response attached to such derogatory material and placed statement in her/his official the personnel file. A If the Employer/University Administration and an employee agree that certain factual information in his/her personnel file is inaccurate, such information shall be corrected or expunged. Section 9.5 It shall be the responsibility of each bargaining unit member has to inform the right campus Human Resources Office of any change in: name; address; dependents; beneficiary, or marital status. The University will notify bargaining unit members if it requires any additional information in order to respond in writing within thirty (30) calendar days determine benefit eligibility. Section 9.6 A copy of any item that comes into the date of the material or disciplinary letter campus Human Resources Office for an individual's official personnel file and to have which does not indicate that response attached a copy was provided to the letter. The bargaining unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure or contain the rebuttal is included in the bargaining unit member’s personnel file. 4.1.5 Upon 's signature, will be sent to the request of the bargaining unit member, all materials, except those materials referenced in Section 4.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 15.1 The District shall not base disciplinary decisions affecting the assignment, discipline or employment status of bargaining unit members upon materials not contained in or events not referenced in the personnel file. 15.2 The official District personnel file of each unit member shall be confidential and maintained at the District's central Human Resources Officeadministrative office in a secure location. 4.1.2 15.3 A unit member may inspect and make copies of such materials in his/her personnel file with the exception of materials which: 15.3.1 Were obtained prior to employment, 15.3.2 Were prepared by identifiable examination committee members or, 15.3.3 Were obtained in connection with a promotional examination. 15.4 A unit member may inspect such materials in her/his personnel file, with the exception of the above specified items, during the normal business hours of the District Office at times other than when the unit member is required to render service. Such inspection shall take place under the supervision of a District administrator or designee. 15.5 No materials of a derogatory nature, except the above specified Items (Section 15.3.1, 15.3.2 and 15.3.3.), may be placed in a unit member's personnel file without allowing the unit member an opportunity to review and comment thereon. A unit member shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain a copyenter, at the unit member’s expense, of and have attached to any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit membersuch derogatory statement, her/his representative own comments thereon. The review and comment upon materials of AFT (with the unit member’s written permission or a derogatory nature shall take place and at a time when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall can be notified of such access. Said notification shall include spared from duty as determined by the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the lettersupervisor. The unit member may forward shall submit a copy request in advance to the supervisor to leave the normal place of her/his rebuttal work during assigned duty times for such review and comment. 15.6 Upon written authorization of the employee, a representative of the Association shall be permitted to Human Resources, Attn: Employee Relations, to insure the rebuttal is included examine materials in the a unit member’s personnel file, with the exception of items specified in Section 15.3. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced 15.7 Materials specified in Section 415.5 shall be dated and signed by the contributor. 15.8 Materials used in bringing charges against unit members which are found to be without substance following a District investigation, or by any official body having final jurisdiction authority on the question of such charges, shall be expunged from the personnel file.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 A. The official personnel file of for each unit faculty member shall be maintained at in the District's central Human Resources Office. 4.1.2 A unit member shall have the right during normal business hours office of the District Administrative Offices to examine and/or obtain a copyappropriate xxxx or director or in the office of the Vice President for Information Services and University Librarian. The contents of this file, at the sole discretion of the University except as otherwise provided in this Article, may include the types of material listed below, as well as other materials: 1. Documents submitted by the faculty member or placed in his/her file at his/her request. 2. Documents concerning the individual's employment history at the University and all records of personnel decisions affecting his/her compensation or employment status. 3. Materials assembled in accordance with University Regulations, practices and policies, or the terms of this Agreement concerning the evaluation, reappointment, promotion, or tenure of each faculty member, with the exception of outside confidential letters of recommendation. B. Any member of the bargaining unit member’s expense, of any material may have access to all documents in herhis/his her official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available including internal evaluations related to the unit member includesindividual, but is not limited to, materials, which were obtained prior and may add to those records such materials as the employment individual believes necessary to give a reasonable representation of the unit memberindividual’s record. 4.1.3 C. The official personnel file shall be kept in confidence and available for examination by the bargaining unit member who shall be available for inspection only by the unit member, her/his representative entitled to review it at reasonable hours upon written request and to purchase copies of AFT (with the unit member’s written permission any or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copyall materials contained therein. A unit member may have his/her union representative present during such review/examination. D. When a personnel action has been initiated by a right department or other appropriate body, access to the promotion forms related to that action will not be available to the faculty member until that personnel action has been completed. E. No material may be added to the official personnel file more than one year after its receipt by the academic officer to whom the material is originally directed except according to the procedure outlined below: 1. The academic officer who wishes to add material more than one year after its receipt shall provide an accompanying written explanation for the addition of the material. 2. The faculty member shall have the opportunity to appeal to the xxxx or the Vice President for Information Services and University Librarian the addition of material added to his/her official personnel file more than one year after its receipt. 3. The faculty member may appeal the decision of the xxxx or the Vice President for Information Services and University Librarian to the chancellor. F. If a written response attached bargaining unit member believes that material necessary to such derogatory give a reasonable representation of his/her record exists elsewhere, the bargaining unit member may apply in writing to his/her Chancellor, requesting access to the material. This request must specify, to the best of the faculty member's knowledge, the nature of the material and placed its location within the University. Within 15 working days of such request, the Chancellor, or his/her designee shall respond by either: 1. Producing the material requested, or 2. Certifying in herwriting that to the best of his/his her knowledge the alleged material does not exist, or that it exists but does not belong in the faculty member's official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included Such certification shall be placed in the unit member’s official personnel filefile and shall serve to preclude the use of such material in any personnel action. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 A. The official personnel file of each bargaining unit member shall be confidential and shall be maintained in the office of the Superintendent. B. A bargaining unit member shall have access to his/her personnel file upon request. A representative of a bargaining unit member shall have access to said unit member's personnel file when said unit member requests such access in writing to the Superintendent of his/her designee. C. Public access to a bargaining unit member's personnel file shall be as follows: 1. The party must direct said request for access to the Superintendent or his/her designee. The Superintendent or his/her designee shall arrange a conference with the requesting party to determine the reason for said request. 2. The Superintendent or his/her designee shall notify the school district's statutory legal advisor for guidance and direction relative to said request. 3. Upon authorization by the school district's statutory legal advisor to provide access, the bargaining unit member or, in his/her absence, the Association President, shall be notified of said request. 4. The bargaining unit member and/or his/her representative may (at the District's central Human Resources Officemember’s option) be present at the time the personnel file is opened to a member of the public. Copies of all material provided to a member of the public shall also be provided to the effected member. 4.1.2 5. Copies of the contents of said personnel file may be removed from central office only by official legal authorization. 6. A bargaining unit member shall be notified as soon as possible when there is a request to review his/her personnel file by a member of the public. The bargaining unit member will be provided a copy of the request made and any copies or materials that were provided to the requesting person. X. Xxxxxxxxxx outlined in "C" above shall be waived for Board Members, Central Office Personnel, immediate building principal, administrators directly supervising the affected bargaining unit member, other administrators considering that unit member for possible transfer or promotion, or the designee of the unit member. E. A bargaining unit member shall be entitled to a copy of any specific material(s) in his/her file upon written request. F. Letters or materials anonymous to the bargaining unit member or reports partially or entirely based on sources anonymous to the unit member shall not be placed in a bargaining unit member's personnel file. G. Each member of the bargaining unit shall have the right to indicate those documents and/or other materials in his/her personnel file which he/she believes to be obsolete, untimely, inappropriate, and/or inaccurate. The unit member shall have the right during normal business hours to request that the obsolete, untimely, inappropriate, and/or inaccurate materials be removed from the file and destroyed. Such request shall be reviewed by the Superintendent. If the Superintendent does not agree to remove the materials, the bargaining unit member shall have the right to initiate a grievance at Level III. H. All entries, other than routine, (see Item 3. below) placed in the individual’s file shall include the following: 1. Prior to official document placement in the file, the individual shall be shown the document, and as proof thereof, shall be given the opportunity to initial and date (the day when shown the document) each document the employer decides to place in the file. The administrator who places the document in the file shall also initial and date each such document being so placed. Failure to abide by this disclosure process shall render any improperly placed documents in the file (and/or documents which have not been disclosed to the individual as described herein) null and void for purposes of the District Administrative Offices to examine and/or obtain administering this Master Agreement and applicable policies and statutes. The purpose of a copy, at the bargaining unit member’s expensesignature on an entry into the file is to verify that each document was inspected by such individual, of any material in her/his official personnel file, except those excluded by law, by appointment and not concurrence with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment content of the unit membersaid document. 4.1.3 2. The official personnel file shall be kept in confidence and shall be available for inspection only by date the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary item was placed in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursfile. 4.1.4 Material derogatory to a unit member’s conduct3. Routine items include such items as: transcripts and grade sheets, performance, or character, and properly executed individual contracts and evaluations. 4. Individuals shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond submit written responses to items entered in writing within thirty (30) calendar days his/her file as well as submit letters of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel filemerit. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 Section 9.1 The Employer/University Administration shall maintain one official personnel file for each member of each unit member shall be maintained at the District's central Human Resources Officebargaining unit. 4.1.2 Section 9.2 A bargaining unit member shall have the right to inspect his/her personnel file during normal regular business hours upon advance request, and shall have the right to copy materials at his/her expense. The Union shall have access to inspect a bargaining unit member's personnel file, and to copy materials at Union expense, during regular business hours upon advance request and upon prior written authorization of such bargaining unit member. The file shall be inspected by the bargaining unit member or the Union in the presence of a Human Resources representative. The right to inspect and copy the contents of the District Administrative Offices personnel file shall extend to examine and/or obtain a copyall materials in the file with the sole exception of letters of recommendation to which the individual has waived access at some point and which are therefore treated as confidential in nature. DocuSign Envelope ID: AEE5CD1D-7681-4F1A-9937-C0D4107B31DD DocuSign Envelope ID: 7D2F41D7-6349-4FE3-A65E-5FE0671CF261 Prior to inspection of the file, at these confidential letters of recommendation shall be removed temporarily from the file in the presence of the bargaining unit member’s expense, or the Union. Section 9.3 The Union agrees to indemnify and hold the Employer/University Administration and its officials, agents, representatives and employees harmless from and against any and all liability for any improper, illegal or unauthorized use by the Union of information contained in such files. Section 9.4 The bargaining unit member may challenge the accuracy or propriety of any material contained in herhis/his her file by filing a written statement in the personnel file. If the Employer/University Administration and an employee agree that certain factual information in his/her personnel file is inaccurate, such information shall be corrected or expunged. Section 9.5 It shall be the responsibility of each bargaining unit member to inform the campus Human Resources Office of any change in: name; address; dependents; beneficiary, or marital status. The University will notify bargaining unit members if it requires any additional information in order to determine benefit eligibility. Section 9.6 A copy of any item that comes into the campus Human Resources Office for an individual's official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material file and which does not available indicate that a copy was provided to the bargaining unit member includes, but is not limited to, materials, which were obtained prior or contain the bargaining unit member's signature will be sent to the employment of the bargaining unit member. 4.1.3 Section 9.7 Upon request of the employee, negative material shall be removed from the employee’s Personnel File unless the Contract Administrator determines it shall not be removed. In making a decision as to whether material will be removed, the Administrator shall consider the time which has elapsed since the material was placed in the employee’s file, the employment record of that employee, and the importance of the material to maintaining necessary information about an employee’s University service. The official personnel decision of the Administrator as to whether material will be removed from the file shall be kept issued in confidence and writing with reasons. In the case of material that is more than two years old, the decision of the Administrator shall be available subject to review through the grievance arbitration procedure as to whether the decision to not remove material was unreasonable. The parties agree to use an expedited process with the Board of Conciliation and Arbitration for inspection only those decisions by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied Administrator that are challenged by the unit member) and authorized administrative employees Union in arbitration pursuant to this Section. The parties recognize that letters of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves suspensions are considered negative material under the direction terms of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursthis Section. 4.1.4 Material derogatory to a unit memberSection 9.8 The University’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copycurrent Fair Information Reporting Practices are incorporated into this agreement. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, AttnDocuSign Envelope ID: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.AEE5CD1D-7681-4F1A-9937-C0D4107B31DD DocuSign Envelope ID: 7D2F41D7-6349-4FE3-A65E-5FE0671CF261

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 3.3.1 The official District shall establish and maintain a personnel file of for each unit member shall be maintained at the District's central Human Resources Office. 4.1.2 pursuant to applicable employment laws. A unit member or their authorized designee with written consent shall have the right to examine the personnel file, except for confidential placement-related and examination items, at the District Office, at and for reasonable times during normal business their working hours without loss of pay, in the presence of a representative of the District Administrative Offices District, within the provisions of the law. CSEA shall have the right to examine and/or obtain review and receive a copy, at copy of the unit member’s expensepersonnel file when accompanied by the member or with their written authorization. The District shall provide a digital or hard copy of the personnel file within two (2) business days of the request. 3.3.2 Among the types of material expected to be placed in a unit member's personnel file are evaluations, observations, health clearances, record of any material in her/his official personnel fileassignments and letters of outstanding service and of unsatisfactory service. 3.3.3 Confidential placement-related and examination items, except those excluded by lawas referred to above, by appointment with the Human Resources Office. Material which are not available subject to the unit member includesinspection, but is not limited toinclude ratings, materials, reports and records which were obtained prior to the employment by the District of the unit memberperson involved or were prepared by identifiable examination committee members. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the 3.3.4 A unit member shall be notified provided with copies of such accessany written material placed in his/her personnel file except those items excluded in 3. 2.1. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the The unit member shall be noticed if given a reasonable opportunity to prepare a written response to such a request occurs. 4.1.4 Material derogatory material on release time without loss of pay. Unit members, however, are encouraged to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until write rebuttals on non-work time. If the unit member is provided believes he/she needs work time to prepare a copy. A response, the unit member has a may request release time from the Assistant or Deputy Superintendent, Human Resources. The Assistant or Deputy Superintendent, Human Resources, will grant such time as he/she deems appropriate. If the unit member does not agree that the designated time is reasonable, the unit member will be notified of his/her right to have a contact CSEA for further discussions on this subject. 3.3.5 Any written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response shall be attached to the letter. The unit member may forward a copy top of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included written material placed in the unit memberemployee’s personnel file. 4.1.5 Upon 3.3.6 No information of an anonymous nature shall be placed in the request official personnel file of a unit member. 3.3.7 Written matter, other than standard District forms (e.g., purchasing, work order, time and attendance, accident, workers' compensation and inspection reports), that is not placed in the official personnel file of a unit member may not be used as supporting or corroborating evidence in any disciplinary action. Any written materials placed in the official personnel file shall indicate the date of such placement and bear the signature of the unit memberperson who placed it there. 3.3.8 A Personnel File Review Record shall be attached to the official personnel file. This record shall indicate each time that the file was reviewed and bear legible signatures of reviewers excluding Human Resources Staff. 3.3.9 If information of a derogatory nature is subsequently proven to be invalid by decision of the Superintendent, all materialshis/her designee or by judicial decision, such information shall be placed in a sealed file and may not be reviewed thereafter except those materials referenced in Section 4by order of a judicial body.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 a. The official personnel file of each unit member employee shall be maintained at the District's central Human Resources OfficeDistrict administrative office and stored electronically. 4.1.2 A unit member b. An employee, while on duty, shall have the right to inspect and review any official record(s) relating to their performance as an employee or to a grievance concerning the employee which is kept or maintained by the District in the employee's personnel file in the Human Resources Office. The contents of such records shall be made available to the employee for inspection and review during normal the regular business hours of the District Administrative Offices department or school. c. An employee may also authorize in writing the Union representative to examine and/or obtain a copyalso inspect their personnel file. Such reviews shall be reasonable in number, at reasonable intervals, at a reasonable time and in the unit member’s expense, presence of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit a member includes, but is not limited to, materials, which were obtained prior to the employment of the unit memberadministrative staff or their designee. 4.1.3 The official d. All personnel file files shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) to other employees and authorized administrative employees members of the District governing board when actually necessary in the proper administration of the District's affairs District or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursemployee. 4.1.4 Material e. Information of a derogatory to a unit member’s conductnature, performance, except material excluded from inspection by the Education Code or characterState Law, shall not be entered in a unit member's personnel file or filed unless and until the unit member employee is given notice (twenty [20] days if personally received by the employee and emailed to the employee or thirty [30] days if mailed to the employee) and an opportunity to review and comment thereon. Such review shall take place during normal business hours, and the employee shall be released from duty for this purpose without salary deduction. An affected employee shall be provided a copy. A unit member has a right to have a written response attached to such copy of derogatory material and materials placed in her/his their official personnel file. A An employee shall have the right to enter and have attached to any derogatory statement, their comments thereon. f. Upon written request by a unit member, the District will remove derogatory material, other than the member's regular evaluations, which was entered in their file more than two (2) calendar years prior to the date of the request, and place the derogatory material in a confidential folder in the member's electronic personnel file within 20 calendar days of the employee’s request. The confidential folder may be opened and the specific contents referred to at the request or with the permission of the member. The member or their designee has the right to respond in writing within thirty (30) calendar days request to be present at any opening of the date confidential folder. Further, the contents of the material confidential folder may be opened and utilized by the District in any proceeding relevant to current disciplinary action or disciplinary letter and to have that response attached to the letterwhere dismissal is being considered. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request contents of the unit member, all materials, except those materials referenced in Section 4confidential folder will also be produced by the District as required by law.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 The 16:01 There shall be one official personnel file of for each unit member shall be maintained at the District's central Human Resources Office. 4.1.2 A unit member shall have the right during normal business hours of the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file shall be kept in confidence and the Office of the Academic Xxxx. This official file shall be available for inspection the only by file used in decisions respecting any and all terms and conditions of employment of a member. The official documents constituting the unit memberfile shall be the paper originals or, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of event the District's affairs original document is received in facsimile or the supervision of the unit memberelectronic form, an accurate paper copy. Any time the unit member’s The official personnel file and copies thereof shall be clearly marked as confidential. All the restrictions specified in this article which apply to the official personnel file apply equally to all copies of the files. 16:02 The personnel file of each member shall contain only material pertaining to the employment of the member. The material in the personnel file may include, but shall not be limited to, the member's curriculum vitae, university transcripts, letters of application, references, salary and work history, evaluations, disciplinary material, decisions and recommendations together with the reasons arising from personnel decisions involving the member, and copies of material reflecting professional development and achievement. Any material not added to the personnel file shall not be used in any process to the disadvantage of the member. Members have the right to update files at any time. Any files created for assessment purposes shall be deemed to be part of the official personnel file. As new documents are created or obtained in the assessment process, they shall be added to the file. 16:03 An Association part-time member shall have the right to examine his/her personnel file during normal business hours in the presence of someone in authority. Letters and assessments, including the authorship, shall be placed upon receipt in the personnel file of the member, which the member shall have the right to copy at the member’s expense. 16:04 Information contained in the file shall not be made available to third parties except (a) in official university administrative purposes; (b) in the grievance procedure; (c) when authorized by the member concerned; (d) as provided by law; (e) as required by any Article contained in this Agreement. 16:05 It is a member's responsibility to verify the content of their personnel file on an annual basis. Members shall have the right to have all of their files supplemented or corrected in the event of error or inadequacy. In the event of alleged distortion, members shall have the right to submit additional material for inclusion in their personnel files. 16:06 A sign-off sheet shall be included in each individual personnel file. The sign-off sheet shall indicate the name of each person who accesses the file, the date and time the file is accessed, the segment of the file that is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such accessaccessing the file. Nothing herein Such recording shall exclude required access for filing and administrative purposes by the President, Xxxx and Human Resources staff. 16:07 Letters of reference shall be construed made available in their entirety to prevent compliance the appropriate committees dealing with a valid court order or subpoenaappointments, although the unit member promotions, dismissal and grievance, as applicable. The members of such committees shall treat such letters and assessments as confidential. 16:08 The only anonymous material that shall be noticed if such kept concerning a request occursmember is the numerical portion of Student Evaluations of Teaching. Members can advise the Xxxx’x office that the commentary portion should also be retained in the member’s file. The introduction of any other anonymous material into a proceeding shall be sufficient in and of itself to invalidate the proceeding. 4.1.4 Material derogatory 16:09 All medical records will be maintained in the office of Human Resources. 16:10 The member will be notified by email of anything added to a unit member’s conduct, performance, or character, shall not be entered in a unit member's their personnel file unless and until that was not already corresponded to the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days by the Office of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel fileAcademic Xxxx. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 1 contract

Samples: Collective Agreement

Personnel Files. 4.1.1 1. The official designee/s of the Director shall maintain each faculty member’s personnel files in a manner which will reasonably guarantee their confidentiality. Access to a faculty member’s file of each unit member shall be maintained limited to: a. The faculty member , and, if the faculty member so desires, a representative to accompany him/her. b. The Director c. The designee/s of the Director d. The Director, Human Resources e. The principal or principals under whom the faculty member is working or may be working f. A designee of the faculty member presenting separate written authorization for each and every specific examination of file requested. 2. If a faculty member, or a designee as described above, requests to see the faculty member’s file: a. The Director, Human Resources shall review its contents b. Confidential documents from the outside agencies related to the faculty member’s initial employment (e.g., college placement folders) shall be placed in an envelope marked "Not to be opened by the teacher to whom these contents refer." The teacher, or the designee, shall not have access to the contents of this envelope c. Evaluative statements written prior to September 1972, shall be dealt with as follows: i. Those from administrators and supervisors who are no longer with the Schools (former Directors, principals, department chairpersons, etc.) will be destroyed, unless said administrator or supervisor has given permission for inclusion of the evaluation in the teacher's open file. ii. Those from administrators and supervisors who are now in the employ of the Schools will be returned to their authors with the option either to have them destroyed or returned, without change, to the faculty member’s file. d. All documents in the faculty member’s file, except those in the envelope marked "Not to be opened by the teacher to whom these contents refer," shall be made available for examination by the faculty member, or the designee, upon reasonable and timely request to the Director, Human Resources and in the presence of the Director, Human Resources, or her/his designee. The faculty member may make copies of these documents at the District's central Human Resources Officefaculty member’s own expense. 4.1.2 e. A unit faculty member shall have the right during normal to see the personnel file within seven (7) business hours of days after making a request to see the District Administrative Offices to examine and/or obtain a copy, at the unit member’s expense, file. 3. A copy of any evaluative material shall be given to the faculty member, and the faculty member shall have the opportunity to respond to it within ten (10) working days of receipt, prior to insertion of material in her/his official personnel the file, except those excluded by law, by appointment with . 4. A faculty member shall have the Human Resources Office. Material not available right to have statements attached to material in the file and to add materials to the unit member includes, but is not limited to, materials, which were obtained prior file. 5. All material relevant to the employment making of evaluative judgments regarding any faculty member and all materials concerning the unit member. 4.1.3 The official personnel file shall be kept in confidence conduct and shall be available for inspection only by the unit member, her/his representative performance of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit a faculty member shall be notified placed in the Director's faculty member file, which is the subject of such accessthis Section. 6. Said notification shall include If the name faculty member and title of Administration agree that certain material can be removed from the administrative official accessing the official file and the reason for such access. Nothing herein file, it shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursremoved. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 A. There will be established and maintained one (1) official file on all unit members. The official personnel file shall be maintained by the Superintendent's office. B. Personnel files shall be open to inspection by the unit member and/or his/her authorized representative with reasonable notice and with an administrator or designee present. C. Unit members shall be notified of each the placement of any material in the file which relates in any manner to the effectiveness of his/her performance and the unit member shall be maintained at the District's central Human Resources Officegiven a copy of any material placed in his/her official file and delivery of said copy shall constitute notice. 4.1.2 D. If and when a unit member and the Superintendent agree that there is adequate evidence that certain material in said unit member's file is irrelevant, inappropriate or false, such material shall be removed from the file or corrected. If the unit member and the Superintendent are unable to reach an agreement and the unit member still believes that the material contained in the file is irrelevant, inappropriate or false, such unit member shall have the right to attach a written statement to the disputed information and to request a determination by the President of the Board and the Association Co-Presidents. E. A unit member shall have the right to inspect his/her personnel file at any time as long as such request is during the normal business working hours of the District Administrative Offices administrative offices. Unit members shall not inspect their files during teaching time unless authorized by their supervisor. F. In addition to examine and/or obtain a copy, at the unit member’s expense's personnel file, only one anecdotal file may be maintained by the District. Said file shall be housed by the unit member's principal evaluator, although other evaluators may place anecdotal records in said file. Copies of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available this file shall be given to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel and said file shall be kept subject to the provisions of paragraphs B, C, D and E herein. G. Unit members may include items in confidence and shall be available for inspection only by the unit member, herhis/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the her respective official file and pertaining to his/her performance or contributions to the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursfield of education. 4.1.4 Material derogatory H. In order for any person other than the aforementioned people to a unit member’s conduct, performance, or character, shall not be entered in obtain access to a unit member's personnel file unless and until file, that person must notify the Superintendent of the information they wish to see. 1. The administrator will notify the unit member by telephone of the request for information at the time the request is made. If the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in herunavailable by telephone, he/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel fileshe will be informed by email. 4.1.5 Upon 2. Said information will be released within a reasonable time after the request of the unit member, all materials, except those materials referenced in Section 4is made.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 a. The official personnel file of each unit member employee shall be maintained at the District's central Human Resources OfficeDistrict administrative office and stored electronically. 4.1.2 A unit member b. An employee, while on duty, shall have the right to inspect and review any official record(s) relating to his/her performance as an employee or to a grievance concerning the employee which is kept or maintained by the District in the employee's personnel file in the Human Resources Office. The contents of such records shall be made available to the employee for inspection and review during normal the regular business hours of the District Administrative Offices department or school. c. An employee may also authorize in writing the Union representative to examine and/or obtain a copyalso inspect his/her personnel file. Such reviews shall be reasonable in number, at reasonable intervals, at a reasonable time and in the unit member’s expense, presence of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Office. Material not available to the unit a member includes, but is not limited to, materials, which were obtained prior to the employment of the unit memberadministrative staff or his/her designee. 4.1.3 The official d. All personnel file files shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) to other employees and authorized administrative employees members of the District governing board when actually necessary in the proper administration of the District's affairs District or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occursemployee. 4.1.4 Material e. Information of a derogatory to a unit member’s conductnature, performance, except material excluded from inspection by the Education Code or characterState Law, shall not be entered in a unit member's personnel file or filed unless and until the unit member employee is given notice (twenty [20] days if personally received by the employee and emailed to the employee or thirty [30] days if mailed to the employee) and an opportunity to review and comment thereon. Such review shall take place during normal business hours, and the employee shall be released from duty for this purpose without salary deduction. An affected employee shall be provided a copy. A unit member has a right to have a written response attached to such copy of derogatory material and materials placed in herhis/his her official personnel file. A An employee shall have the right to enter and have attached to any derogatory statement, his/her comments thereon. f. Upon written request by a unit member, the District will remove derogatory material, other than the member's regular evaluations, which was entered in his/her file more than two (2) calendar years prior to the date of the request, and place the derogatory material in a confidential folder in the member's electronic personnel file within 20 calendar days of the employee’s request. The confidential folder may be opened and the specific contents referred to at the request or with the permission of the member. The member or his/her designee has the right to respond in writing within thirty (30) calendar days request to be present at any opening of the date confidential folder. Further, the contents of the material confidential folder may be opened and utilized by the District in any proceeding relevant to current disciplinary action or disciplinary letter and to have that response attached to the letterwhere dismissal is being considered. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request contents of the unit member, all materials, except those materials referenced in Section 4confidential folder will also be produced by the District as required by law.

Appears in 1 contract

Samples: Contractual Agreement

Personnel Files. 4.1.1 12.1 The University maintains three (3) official personnel file of files for each unit member member, which consist of an "employment record file,” an "academic record file" and, when required by law, a confidential "medical record file.". The employment record file shall be maintained at located in the Districtcampus academic administration or human resources office and the academic record file shall be located in the unit member's central Human Resources Officexxxx’x office on the unit member's campus of their primary assignment. The medical record file shall be kept in either the campus academic administration office or human resources office, separate from other official personnel files. 4.1.2 A 12.2 Other files, in addition to the three (3) official personnel files, containing information regarding unit members may exist. However, information in such files may not be kept for longer than one (1) year, or contain information not in the official personnel files which is more than one year old. The University shall not take action with respect to a unit member based upon information that is not contained in the official personnel files. 12.3 Unit members shall have the right to examine the official personnel files at any time during normal business hours and shall have the right to receive a copy of the District Administrative Offices official personnel files upon submission of advance written request to examine and/or obtain a copy, at the campus academic administration or human resources office or the unit member’s expense's xxxx. Unit members may place in these files a response to adverse information contained therein. 12.4 A United Academics representative, having written authorization from the unit member concerned, and subject to the University's duty to provide for security of any material in her/his the records, may examine and copy the official personnel filefiles of that unit member. Authorized University personnel or representatives of appropriate governmental agencies may examine official personnel files or copy for routine administrative activity without notification, except those excluded as provided for in Article 12.8. Other persons may have access to the official personnel files only as provided by law, by appointment with the Human Resources Office. Material not available notification to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file 12.5 When a reprimand, disciplinary action, or delinquency in job performance is reduced to writing by a supervisor, the findings and decisions of the supervisor shall be kept filed, in confidence and shall be available for inspection only by writing, in the unit member's academic record file, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; a copy thereof simultaneously given to the unit member shall and to United Academics. No such material may be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered placed in a unit member's personnel academic record file unless without an original signature of the xxxx, or designee, and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the lettermember. The unit member shall sign such material to signify receipt and notification of such action. Such signature shall not be construed as agreement or disagreement with material contents. Material on disciplinary reprimands shall be removed after two (2) years except for specific formal disciplinary action for sexual harassment, physical assault, discrimination, theft, fraud, scientific misconduct, or substance abuse. Material on disciplinary suspensions and terminations shall be retained in the file. 12.6 The employment record file may forward contain the following: a. Information relating to the unit member's original hire, such as application, job evaluation form or current job description, curriculum vitae, transcripts, and hire documents, including benefit enrollment forms. b. Correspondence relating to the individual's employment. c. Documents showing the history of the unit member's work assignments and compensation, including workers' compensation payment documents and letter(s) of appointment. d. Other documents related to the unit member's employment status at the University. e. Unit member responses to the above, if any. 12.7 The academic record file may contain the following: a. Commendations, awards, honors, current curriculum vitae, official reprimands, including notices of unsatisfactory performance, disciplinary action, and appropriate material relating to the unit member's job performance. b. Correspondence relating to the individual's employment. c. Final grievance awards relating to the unit member's job performance or discipline. d. University authorized performance, peer, and student evaluations. e. Written documentation of faculty workload and evaluations relating to promotion, retention, tenure, and contractual obligations. f. Summaries of submitted proposals, notices of awarded grants and contracts, and summaries of donations or gifts received. g. Other documents relevant to the unit member's academic record at the University. h. All documents included in the promotion and/or tenure file. i. Unit member responses to the above, if any. 12.8 The medical records file shall contain all confidential medical information related to a unit member's employment. Access to and use of information contained in the file shall only be as provided by applicable law. Authorized University personnel may examine or copy this file for routine administrative purposes without notification to the unit member. If a representative of her/his rebuttal an appropriate government agency requests access to Human Resourcesthe medical record file of one or more named individuals, Attn: Employee Relationsthe University shall notify those individuals within ten (10) working days. Other persons may have access to the medical record file only as provided by law, with notification to insure the rebuttal is included unit member. 12.9 The University shall not include material in the unit member’s 's official personnel files unless the source is identified and the material contains the date on which the material was placed in the file. 4.1.5 Upon 12.10 No items may be removed from the request unit member's official personnel files without the expressed written authorization of the unit member, all materials, except those materials referenced in Section 4for brief inspection or copying.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personnel Files. 4.1.1 The official personnel file of each unit member shall be maintained at the District's central Human Resources Officeoffice. 4.1.2 A unit member shall have the right during normal business hours of the District Administrative Offices offices to examine and/or obtain a copy, at the unit member’s expense, of any material in her/his official personnel file, except those excluded by law, by appointment with the Human Resources Officeoffice. Material not available to the unit member includes, but is not limited to, materials, which were obtained prior to the employment of the unit member. 4.1.3 The official personnel file shall be kept in confidence and shall be available for inspection only by the unit member, her/his representative of AFT (with the unit member’s written permission or when accompanied by the unit member) and authorized administrative employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the unit member. Any time the unit member’s official personnel file is accessed by anyone other than: a) the unit member; b) her/his representative; or c) an authorized District employee conducting routine District business who serves under the direction of the Vice Chancellor of Human Resources; the unit member shall be notified of such access. Said notification shall include the name and title of the administrative official accessing the official file and the reason for such access. Nothing herein shall be construed to prevent compliance with a valid court order or subpoena, although the unit member shall be noticed if such a request occurs. 4.1.4 Material derogatory to a unit member’s conduct, performance, or character, shall not be entered in a unit member's personnel file unless and until the unit member is provided a copy. A unit member has a right to have a written response attached to such derogatory material and placed in her/his official personnel file. A unit member has the right to respond in writing within thirty (30) calendar days of the date of the material or disciplinary letter and to have that response attached to the letter. The unit member may forward a copy of her/his rebuttal to Human Resources, Attn: Employee Relations, to insure the rebuttal is included in the unit member’s personnel file. 4.1.5 Upon the request of the unit member, all materials, except those materials referenced in Section 4.

Appears in 1 contract

Samples: Food Services Agreement

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