Common use of Unit Member Files Clause in Contracts

Unit Member Files. 1. The District shall maintain only one personnel file for each certificated unit member. Only materials in this file shall be used in any disciplinary or dismissal proceeding. 2. If derogatory materials are deemed serious enough for further action (e.g., placement in personnel file, disciplinary or dismissal proceedings), the following procedures shall be utilized: a. The material shall be submitted to the appropriate site administrator for review. The administrator shall send a copy of the derogatory material to the unit member within two (2) days of the receipt of the materials. b. The unit member may request a meeting with the site administrator to review the material and establish whether or not a factual basis for the material exists. The unit member may have a representative at this meeting. c. If any derogatory material is placed in the file, factual substantiation of that material must be included, and the unit member shall be notified of the intended entry by certified mail or hand delivery. After receiving copies of the notice and the intended entry, the unit member shall have the right to respond within fifteen (15) working days. The response shall be attached to the material and placed in the unit member's personnel file. If no response is received, the material will be placed in the unit member's personnel file upon expiration of the fifteen (15) day period. 3. A unit member shall be permitted to place in his/her file any material that he/she feels is pertinent to his/her professional career, performance, and qualifications. 4. Upon request, a unit member shall have the right to see and reproduce all documents not prohibited by statute in his/her personnel file. A copy of materials used by the District in any disciplinary, dismissal or grievance proceedings will be provided at no cost. A unit member may, upon his/her written authorization, designate a representative to review the file in the presence or the absence of the unit member. 5. All reviews shall be done in the presence of a management unit member or designee who shall be positioned in a manner ensuring confidentiality to the parties and security of the file. 6. Access to the official District personnel files shall be limited to the superintendent or properly authorized staff. The District will keep a log indicating the persons who have examined a personnel file, as well as the dates such examinations were made. Such log will be available for review by the unit member or his/her authorized Federation representative. 7. If a unit member wishes removal, deletion, or correction of material placed or being placed in his/her file, the unit member shall do the following: a. Prepare in writing, within fifteen (15) days of receipt of material, the reasons why such material in question should be removed, deleted or corrected. b. Send or deliver this explanation, along with a request for review of the matter, to the Assistant Superintendent. c. Based upon the facts presented in the explanation, the Assistant Superintendent shall respond in writing within ten (10) working days as to his/her decision. d. If the decision is not acceptable to the unit member, within ten 10 working days following receipt, an appeal in writing, including the written appeal to the Assistant Superintendent and his/her response, may be filed with the Superintendent. e. Either the unit member or the Superintendent may request a personal conference, which shall be held, where possible, within ten 10 working days of filing the appeal. f. The Superintendent shall communicate his/her decision in writing, within ten 10 days of initial receipt of the appeal or ten 10 days subsequent to the conference held between the parties, whichever is the longer period. g. Failure to comply with the time limits at any step shall forfeit all rights to further processing. District failure to respond within time limits entitles the petitioner to proceed to the next step. Time limits and steps may be waived by mutual agreement. h. The unit member is entitled to representation during this procedure, but he/she may waive this right. 8. Personnel files will not leave the District Office.