Discipline Records. An employee who goes for a period of twenty-four (24) working months without any disciplinary action shall be considered to have a clear record for the purpose of substantiating future disciplinary action or for use in arbitration hearings. At the written request of an employee, any report in his/her personnel file, excluding assessments or observations, that may be considered or construed by the employee to be reprimanding, disciplinary or derogatory will be placed in an envelope and labeled “not relevant for disciplinary purposes” and returned to the personnel file. This would be done only after two consecutive years (24 months) with no disciplinary action. Any record of disciplinary action or derogatory report which has been in the file longer than two years, or any reference in the file to an incident that occurred more than two years ago, may not be used as evidence or testimony against the employee. Cases of disciplinary action which was the result of moral turpitude (gross violation of standards of moral conduct, vileness—an act involving moral turpitude is considered intentionally evil, making the act a crime) or a pattern of allegations of child endangerment that results in disciplinary action by the district are exempted from the two year moratorium.
Discipline Records. (1) Records of disciplinary actions, excluding informal discipline or oral warnings, will be retained in the employee’s official personnel file for a one (1) year period.
(a) If one year has passed without any further disciplinary action and the document is not the subject of a pending investigation, the disciplinary record will be removed from the personnel file upon written request of the employee to the Human Resources Director.
(b) The Human Resources Director will respond to the employee’s request to remove the discipline record within thirty (30) days.
(c) Performance evaluations are exempt from this Article.
(d) The employee shall have access to their personnel file, along with the employee’s representative. An employee may insert into their personnel file a rebuttal statement in response to written reprimands or negative commentary in the file.
(e) Any written record of discipline not previously provided to the employee will not be used as a basis for subsequent progressive discipline.
Discipline Records. In imposing discipline on bargaining unit employees, the City will not rely upon previous discipline that is more than two (2) years old, unless a suspension was involved. In the event that a prior discipline involved a suspension, the City may rely upon that discipline in imposing future discipline for a period of up to, but not exceeding four (4) years.
Discipline Records. During former negotiations processes, the Union expressed concern over the application of discipline. Both parties agreed to review current practices and agreed to work together to resolve issues in a fair and reasonable manner. As a measure of good faith during the bargaining process for the July 10, 2010 – July 10, 2013 Collective Bargaining Agreement, the Company agreed to remove the most recent discipline issued to all employees with the exception of discipline issued for Health and Safety violations.
Discipline Records. Employees shall be informed whenever formal notification of discipline is entered into their personnel records.
Discipline Records. In any case in which an oral reprimand, written reprimand, suspension, or dismissal is overturned on appeal or otherwise rendered invalid, all documents relating thereto will be removed from the personnel file of the member. All such records removed from the personnel file for the reasons outlined above shall not be considered in future disciplinary action or promotional considerations. All removal of records shall be in accordance with Ohio law. Every member shall be allowed to review his personnel file at any reasonable time upon written request to the Employer and in the presence of the Employer or his designated representatives. The City shall abide by and follow provisions of Ohio Revised Code Chapter 1347 and O.R.C. Section 149.43. If, upon examining his personnel file, any bargaining unit member has reason to believe that there are inaccuracies in documents contained therein, he may write a memorandum to the Employer explaining the alleged inaccuracy. If the Employer concurs with the member’s contentions, he shall remove the faulty document from the personnel file or otherwise append to such document any statements or materials which would serve to correct or modify such document. If he does not concur with the contentions of the member, he will attach the member’s written memorandum to the document in the file.
Discipline Records. A copy of any record of disciplinary action, which has been placed in the employee’s file, shall be provided to the employee at the time of placement. In the event that there is no intervening discipline issued to the employee, the following shall apply:
a. Documented oral reprimands will cease to have force and effect after twelve months;
b. Written warnings will cease to have force and effect after twelve months;
c. Records of suspensions will cease to have force and effect after twenty-four months. Once discipline has ceased to have force and effect, the original copy of the action will be placed in a “dead file” and kept on record with the Employer as required by the Ohio Revised Code.
Discipline Records. A continuous record of student discipline cases will be maintained in a place available for staff use as a basis for recommendations for suspension and intelligent administering of penalties for misdemeanors.
Discipline Records. An employee who goes for a period of twenty-four (24) working months without any disciplinary action shall be considered to have a clear record for the purpose of substantiating future disciplinary action or for use in arbitration hearings. At the written request of an employee, any report in his/her personnel file, excluding assessments or observations, that may be considered or construed by the employee to be reprimanding, disciplinary or derogatory will be placed in an envelope and labeled “not relevant for disciplinary purposes” and returned to the personnel file. This would be done only after two consecutive years (24 months) with no disciplinary action. Any record of disciplinary action or derogatory report which has been in the file longer than two years, or any reference in the file to an incident that occurred more than two years ago, may not be used as evidence or testimony against the employee. Cases of disciplinary action which was the result of moral turpitude (gross violation of standards of moral conduct, vileness –-an act involving moral turpitude is considered intentionally evil, making the act a crime) or a pattern of allegations of child endangerment that results in disciplinary action (suspensions or recommendations for terminations) by the District are exempted from the two-year moratorium.
