Common use of Corrective Action and Records Clause in Contracts

Corrective Action and Records. The Sheriff or his designee may file charges and administer discipline. A. The Sheriff (or staff officers) will not discipline a non-probationary employee without just cause. The principles of progressive discipline below will be followed. The Sheriff may determine that higher levels of discipline are required at times. However, any discipline issued is subject to review in the Grievance Procedure. 1. Verbal counseling will be defined as “an exchange between the supervisor and an employee where the intent is to give adequate notice to any employee whose actions are improper and/or inadequate so that the employee may improve his or her performance to acceptable standards.” Verbal counseling will not be considered discipline and does not implicate Sections 7(A), (B), and/or (E). The failure of an immediate supervisor to issue appropriate disciplinary action shall not preclude any higher supervisory authority from initiating a timely investigation and issuing appropriate discipline. 2. A minor reprimand is a written order stating that an employee’s behavior or job performance is unacceptable or unsatisfactory. Unacceptable behavior or job performance may result in corrective action being taken. Upon request of the bargaining unit member, minor reprimands will be removed from the employee’s file one (1) year from the date of receipt provided that no further discipline of the same or similar nature is imposed within the retention period. 3. A formal reprimand is a written statement to an employee outlining his unacceptable or unsatisfactory behavior or job performance and noting that as a matter of discipline his activity is being documented for future employer evaluations of him. If a supervisor initiates discipline and reasonably believes no discipline greater than a formal reprimand may result, Section 7(E) shall not apply and discipline may be issued without opening a formal investigation. Upon request of the bargaining unit member, formal reprimands will be removed from the employee’s file after two (2) years providing that no further discipline of the same or similar nature is imposed within the retention period. 4. A suspension is a written statement to an employee outlining his unacceptable or unsatisfactory behavior or job performance and ordering him to suspend his work performance for a specified number of work days without pay. A suspended employee may use comp time, holiday time, vacation or personal days in lieu of suspension time being taken without pay, at the discretion of the sheriff. If the use of such paid leave in lieu of suspension is approved by the Sheriff, the employee shall actually work the suspension time being paid by a deduction from the above accrued leave(s). Upon request of the bargaining unit member, suspensions shall be removed from the employee’s file after two (2) years provided that no further discipline of the same or similar nature is imposed within the retention period. 5. A discharge is a written notification to an employee outlining his unacceptable or unsatisfactory behavior or job performance and terminating the existing employment relationship. A discharged employee must return all property issued to him. Discharges remain in an employee’s file indefinitely. B. Review of Personnel Files - Any member shall be allowed, upon request, to review his personnel file between 8:30 a.m. and 4:30 p.m., Monday through Friday. Review of personnel files shall be made to human resources (and not the Sheriff directly) and review may (at the Sheriff’s discretion) be made in the presence of human resources or his/her designated representative at a time of mutual convenience; an email delivery / review may also be allowed at human resources’ or the Sheriff’s discretion. Release of personnel information to the public shall be in accordance with State and Federal laws. Upon request, any member may copy documents in his file, or at human resources’ or the Sheriff’s discretion an email delivery / review may be made in lieu of a member copying documents in the file. The Administration may levy a charge for such copying, which charge shall bear a reasonable relationship to actual cost. As to personnel file review and removal issues, generally, it is the responsibility of member to make such request. If a member of the public makes a public records request for an employee’s personnel file, the Employer shall notify the employee that such a request has been made and, if known, identify the requestor. The employee may request a meeting to review the personnel file prior to release to the member of the public. The parties agree that, absent extenuating circumstances, the Employer shall not be obligated to delay its reply to the requesting party. If copies of the file are provided to the requestor, the bargaining unit member shall be provided a copy or inventory of the items supplied. The Employer shall not disclose any information contained within the personnel files which is exempt from public records release under the Ohio Public Records Act. C. Inaccurate Documents - Should any member have reason to believe that there are inaccuracies in documents contained in his file, he may write a memorandum to the Sheriff explaining the alleged inaccuracy. The Sheriff shall either remove the inaccurate document or attach the member’s memorandum to the document in his file. D. The Sheriff will keep only (1) set of personnel files on any bargaining unit member. This will not include records kept on matters of payroll. This set of files will be kept at the office of the Delaware County Sheriff.