Common use of PERSONNEL PROVISIONS Clause in Contracts

PERSONNEL PROVISIONS. (Applies to SB1, SC1, SD1 and SI1 as designated by subsection) 14.1 Personnel File (Applies to SB1, SC1, SD1 and SI1 as designated) The official personnel file of the member is the file that is maintained at Department of Human Resource Management (DHRM). It is agreed that unit members will be given a copy of entries of a derogatory nature when they are placed in their official personnel files. Derogatory entries in a SB1, SC1, or SD1 unit member’s official personnel file are evaluated in terms of the seriousness of the action(s) or incident(s) described and the proximity and repetitiveness of such action(s) or incident(s) for use I disciplinary proceedings. Entries describing action(s) or incident(s), which are of minor significance and/or that are not recent and/or that have not been repetitive, will receive more limited consideration in disciplinary proceedings. Materials relating to formal notices of counseling or written reprimand(s) in the employee’s personnel file which have been in the file for three (3) years or more shall not be relied upon, unless the actions are related to gross misconduct. At the request of the employee, materials relating to formal notices of counseling or reprimands which are three (3) or more years old shall be removed provided there has been no disciplinary action for the same three (3) year period and the employee has maintained a fully effective performance evaluation. Performance evaluations are excluded from this provision. No action to impose discipline against an employee shall be initiated more than ninety (90) days from the date of the conclusion of a timely formal investigation except for conduct which would constitute the commission of a crime. Initiation of discipline for the purposes of this provision is the date of the charging letter or notice. The discipline imposed may take into account conduct which is documented in the employee’s personnel file or was the subject of a prior disciplinary action. Entries of a derogatory nature to be used in any disciplinary proceeding against a SB1, SC1, or SD1 unit member shall include only materials of that the unit member has received a copy of, and were previously placed in the unit member’s official personnel file, or which will be placed currently in the unit member’s official personnel file in connection with current action(s) or incident(s) resulting in disciplinary proceedings.