Removal of Records. Records of disciplinary actions, reprimands, or less than satisfactory service ratings shall be removed from an employee’s file twenty-four (24) months following the date on which the action was taken or the rating issued, provided that the employee has not received a less than satisfactory service rating or has not been the subject of disciplinary action for the same or similar reasons during such twenty-four (24) month period. Counseling memoranda shall similarly be removed twelve (12) months following the date of issuance, provided that the employee has not received a less than satisfactory service rating, been the subject of disciplinary action, or received further formal counseling for the same or similar reasons during such twelve (12) month period. These provisions shall not prohibit the Employer from maintaining records of disciplinary action arising out of violations of prohibited practices as defined in Civil Service Rules and regulations. Nothing in these provisions is intended to prohibit the Employer from retaining and using records, even if “outdated,” as evidence in defending against claims of unlawful discrimination by the Employer, the State, or its Departments/Agencies. Any outdated material improperly placed or not removed timely shall not be used subsequently in any proceeding or in a selection process concerning the employee. Within ninety (90) days of the effective date of this Agreement, the parties agree to establish the procedures for the removal and storage of outdated official personnel records.
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Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
