Access and Response to Critical Material in Personnel Files Sample Clauses

The 'Access and Response to Critical Material in Personnel Files' clause establishes an employee's right to review and respond to significant documents or information placed in their personnel records. Typically, this clause allows employees to access materials such as disciplinary notices, performance evaluations, or complaints, and to submit written responses or corrections that become part of the file. Its core function is to ensure transparency and fairness in personnel record-keeping, giving employees an opportunity to address or clarify potentially adverse information.
Access and Response to Critical Material in Personnel Files. When the District receives a letter or other written material which contains allegations critical of an employee's performance or character, or which charges commission of an unlawful or immoral act, the following conditions shall apply: a. If the document came from a member of the public, the matter shall first be investigated. Except in compelling circumstances, the employee shall be furnished a copy within 30 days of the District's receipt of the document. The document shall not be either placed in the personnel file or retained by the District unless it is reasonably determined that the allegations have some substance or plausibility. In any event, if the document is either retained and/or placed in the employee's personnel file, the employee shall be given a reasonable opportunity to attach a reply. b. If the document came from within District personnel, the investigation required by paragraph a. may not be necessary or appropriate, but the remainder of the protections required by paragraph a, including the notice to the employee, shall be applicable. 1.1 Exempt from disclosure to the employee are documents which (1) are references obtained from outside the District or prior to employment, (2) were prepared by identifiable examination committee members as part of the examination procedure, or (3) were obtained in connection with a promotional examination.
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Access and Response to Critical Material in Personnel Files. 7.10.1 There shall be a single official personnel file for each unit member. This file shall be kept in the central administrative office of the employer. 7.10.2 Unit members shall have the right to inspect and obtain a copy of personnel file materials, upon request and as permitted by law. Upon authorization by the unit member, an Association representative may review the unit member’s file or accompany the unit member in their review of the file. 7.10.3 All material relating to discipline placed in a unit member’s personnel file shall be dated and shall identify the person who caused the material to be prepared. 7.10.4 Information of a derogatory or disciplinary nature shall not be entered or filed unless and until the unit member is given notice and an opportunity to review and comment thereon. A unit member shall have the right to enter, and have attached to any such derogatory or disciplinary statement, their own comments. Such review shall take place during normal business hours, and the unit member shall be released from duty for this purpose without salary reduction. 7.10.5 When DCP receives a written complaint from a parent, student or another DCP employee, the following conditions shall apply: 7.10.5.1 The complainants shall be asked to attempt to informally resolve such complaints with the involved unit member unless in the opinion of DCP the meeting should not take place (such as for safety or legal concerns). 7.10.5.2 If the complaint is not resolved informally and DCP determines that further action is necessary, DCP shall investigate the complaint further. At the discretion of DCP based upon relevant circumstances, the unit member may be furnished a summary of material allegations contained in any complaint prior to being interviewed by DCP. Any document resulting from a complaint (e.g., findings, discipline, etc.), shall not be placed in the personnel file unless the unit member is provided a copy of all documents to be entered into the personnel file and the unit member is provided a reasonable opportunity to attach a reply. 7.10.5.3 If the complaint results in disciplinary action, the processes required in this Article shall apply. 7.10.6 Unit members shall be given copies of any conference memos, written reprimands, and any material placed in their personnel file. 7.10.7 All disciplinary documents shall be removed from the unit member’s personnel file after the passage of three (3) years without a recurrence of the same or similar conduct...
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Access and Response to Critical Material in Personnel Files a. There shall be a single official personnel file for each unit member. This file shall be kept in the central administrative office of the employer. b. Unit members shall have the right to inspect and obtain a reasonable number of copies of personnel file materials, upon request and as permitted by law. Upon authorization by the unit member, an Association representative may review the unit member’s file or accompany the unit member in their review of the file. Access to personnel files will be provided as promptly as feasible, provided that the request is made at a time when the unit member is not required to render service. c. All material placed in a unit member’s personnel file shall be dated and signed by the person who caused the material to be prepared. d. Employees will be given copies of any conference memos, written reprimands, or other material of a derogatory or disciplinary nature at the same time as such materials are placed in their personnel file. A unit member shall have the right within five (5) days of first being provided a copy of any such derogatory or disciplinary statement to enter, and have attached thereto, their own comments. Any such comments shall be signed and dated by their author. e. When the employer receives a letter or other written material which contains allegations critical of an employee's performance or character, or which charges the employee with committing an unlawful or immoral act, or violation of any school policy, the provisions of the Civicorps Complaint Policy (Appendix C) shall apply. f. All disciplinary documents may be requested to be removed from the unit member’s personnel file after the passage of five (5) years without a recurrence of the same or similar conduct. Such requests will not be unreasonably denied.
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Related to Access and Response to Critical Material in Personnel Files

  • Access to Personnel Files All employees shall be allowed access to their personnel files during normal working hours for inspection and/or copies of documents which will be provided by the Employer. Such inspection shall be made subject to prior arrangement with the Employer.

  • Access to Personnel File Each employee shall have reasonable access to his/her personnel file for the purpose of reviewing any evaluations or formal disciplinary notations contained therein, in the presence of the Director of Personnel or designate. An employee has the right to request copies of any evaluations in this file.

  • Personnel File An employee, or the President of the Union, or his/her designate, with the written authority of the employee, shall be entitled to review the employee's personnel file(s), both paper and, if applicable, electronic, in the office in which the file is normally kept, in order to facilitate the investigation of a grievance. The employee or the President, as the case may be, shall give the Employer adequate notice prior to having access to such file(s).

  • Review Systems; Personnel It will maintain business process management and/or other systems necessary to ensure that it can perform each Test and, on execution of this Agreement, will load each Test into these systems. The Asset Representations Reviewer will ensure that these systems allow for each Review Receivable and the related Review Materials to be individually tracked and stored as contemplated by this Agreement. The Asset Representations Reviewer will maintain adequate staff that is properly trained to conduct Reviews as required by this Agreement.

  • Personnel Files ‌ An employee, or his/her certified representative with the written consent of the employee, may inspect that employee's personnel file with the exception of all material obtained from other employers and agencies at the time that employee was hired. An employee shall be advised of, and entitled to read, any written statement by the employee's supervisor or departmental Management regarding his/her work performance or conduct if such statement is to be placed in his/her personnel file. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the copy to be filed, with the understanding that such signature merely signifies that he/she has read the material to be filed but does not necessarily indicate agreement with its content. If the employee refuses to sign, the supervisor shall note his/her refusal on the copy to be filed along with the supervisor's signature and the signature of a witness to the employee's refusal to sign. The employee may file a grievance regarding any such document within the prescribed time limits of the grievance procedure. If the employee fails to file a grievance within the designated time limits, the document becomes part of the official file. If the employee does file a grievance within the designated time limits, said document shall not be placed in the official file nor referenced in any Performance Evaluation or Appraisal of Promotability until the grievance procedure or civil service appeal rights have been exhausted. Grievances filed under this provision shall not be subject to the Arbitration provisions of the Grievance Procedure unless they involve violation of a specific provision of this agreement. Management agrees that no properly used full paid sick leave used in the twelve months immediately prior to an Appraisal of Promotability or a Performance Evaluation will be referenced on such forms. The employee may attach his/her statement to any document within twenty (20) business days if he/she chooses not to file a grievance regarding such document or within ten (10) business days following final determination if he/she has filed a grievance regarding such document. On reviewing his/her personnel file, an employee may request and have any written warnings issued more than one year prior placed in an envelope and sealed in his/her personnel file except as such may be a part of an official permanent record. On the face of the sealed envelope it shall read "The contents herein shall be disclosed only upon written consent of the subject employee or by subpoena or other legal process from a public body of competent jurisdiction." The date the contents of the sealed envelope will be destroyed shall also appear on the face of envelope. That date shall be two (2) years from the date of issue of the documents in the sealed envelope. An employee on reviewing his/her personnel file, may request and have any written warnings or reprimand(s) issued more than two (2) years prior removed from his/her personnel file except as such may be a part of an official permanent record. All departments employing peace officers covered by the Peace Officers Bill of Rights shall comply with its provisions.