Common use of Removal of Records Clause in Contracts

Removal of Records. 3 Records of disciplinary actions, reprimands, or less than satisfactory service 4 ratings shall be removed from an employee’s file twenty-four (24) months following the 5 date on which the action was taken or the rating issued, provided that the employee has 6 not received a less than satisfactory service rating or has not been the subject of 7 disciplinary action for the same or similar reasons during such twenty-four (24) month 8 period. Counseling memoranda shall similarly be removed twelve (12) months following 9 the date of issuance, provided that the employee has not received a less than 10 satisfactory service rating, been the subject of disciplinary action, or received further 11 formal counseling for the same or similar reasons during such twelve (12) month period. 13 These provisions shall not prohibit the Employer from maintaining records of 14 disciplinary action arising out of violations of prohibited practices as defined in Civil 15 Service Rules and regulations. Nothing in these provisions is intended to prohibit the 16 Employer from retaining and using records, even if “outdated,” as evidence in defending 17 against claims of unlawful discrimination by the Employer, the State, or its 18 Departments/Agencies. 20 Any outdated material improperly placed or not removed timely shall not be used 21 subsequently in any proceeding or in a selection process concerning the employee. 23 Within ninety (90) days of the effective date of this Agreement, the parties agree to 24 establish the procedures for the removal and storage of outdated official personnel 25 records.

Removal of Records. 3 13 Records of disciplinary actions, reprimands, or less than satisfactory service 4 ratings 14 shall be removed from an employee’s file twenty-four (24) months following the 5 date on 15 which the action was taken or the rating issued, provided that the employee has 6 not 16 received a less than satisfactory service rating or has not been the subject of 7 17 disciplinary action for the same or similar reasons during such twenty-four (24) month 8 18 period. Counseling memoranda shall similarly be removed twelve (12) months following 9 19 the date of issuance, provided that the employee has not received a less than 10 20 satisfactory service rating, been the subject of disciplinary action, or received further 11 21 formal counseling for the same or similar reasons during such twelve (12) month period. 13 23 These provisions shall not prohibit the Employer from maintaining records of 14 disciplinary 24 action arising out of violations of prohibited practices as defined in Civil 15 Service Rules 25 and regulations. Nothing in these provisions is intended to prohibit the 16 Employer from 26 retaining and using records, even if “outdated,” as evidence in defending 17 against claims 27 of unlawful discrimination by the Employer, the State, or its 18 Departments/Agencies. 20 29 Any outdated material improperly placed or not removed timely shall not be used 21 30 subsequently in any proceeding or in a selection process concerning the employee. 23 32 Within ninety (90) days of the effective date of this Agreement, the parties agree to 24 33 establish the procedures for the removal and storage of outdated official personnel 25 34 records.

Removal of Records. 3 41 42 Records of disciplinary actions, reprimands, or less than satisfactory service 4 43 ratings shall be removed from an employee’s file twenty-four (24) months 44 following the 5 date on which the action was taken or the rating issued, provided 45 that the employee has 6 not received a less than satisfactory service rating or has 46 not been the subject of 7 disciplinary action for the same or similar reasons during 1 such twenty-four (24) month 8 period. Counseling memoranda shall similarly be 2 removed twelve (12) months following 9 the date of issuance, provided that the 3 employee has not received a less than 10 satisfactory service rating, been the 4 subject of disciplinary action, or received further 11 formal counseling for the same 5 or similar reasons during such twelve (12) month period. 13 7 These provisions shall not prohibit the Employer from maintaining records of 14 8 disciplinary action arising out of violations of prohibited practices as defined in 9 Civil 15 Service Rules and regulations. Nothing in these provisions is intended to 10 prohibit the 16 Employer from retaining and using records, even if “outdated,” as 11 evidence in defending 17 against claims of unlawful discrimination by the Employer, 12 the State, or its 18 Departments/Agencies. 20 14 Any outdated material improperly placed or not removed timely shall not be 15 used 21 subsequently in any proceeding or in a selection process concerning the 16 employee. 23 18 Within ninety (90) days of the effective date of this Agreement, the parties 19 agree to 24 establish the procedures for the removal and storage of outdated official 20 personnel 25 records.