Common use of Evaluation and the Use of Personnel Files Clause in Contracts

Evaluation and the Use of Personnel Files. 10.5.1 Except as specifically provided for in this evaluation article, the District shall not base any adverse action against a bargaining unit member upon materials which are not contained in the bargaining unit member's personnel file or made available to the bargaining unit member in the course of an investigation by the District for the purpose of evaluating the bargaining unit member in determining whether any disciplinary action should be taken against the bargaining unit member. Furthermore, should the District wish to place material of a derogatory nature in a bargaining unit member's file such material shall be entered into the file within five (5) days after discovery, except as specified below. The bargaining unit member shall have the right to enter and have attached to such derogatory statement or statements his/her own comments thereon. Materials of a derogatory nature that arise from the evaluation process outlined in 10.3 to 10.5 shall not be entered into the personnel file until that process has been exhausted. 10.5.2 Information of a derogatory nature shall not be entered or filed unless and until the bargaining unit member is given notice and opportunity to review and comment thereon. An employee shall have the right to enter, and have attached to such derogatory statement his/her own comments thereon. Such review shall take place during normal business hours, and the employee shall be released from duty for this purpose without salary reduction. 10.5.3 For the purpose of these evaluation procedures, the bargaining unit member shall have the right to authorize a representative to examine his/her personnel file to the extent such examination is permitted by law. The representative seeking to review the personnel file must present the District with a written release by the bargaining unit member granting permission to review the personnel file consistent with the purposes set forth in this article. 10.5.4 Evaluation material entered in a bargaining unit member's file shall identify the source of the material including where appropriate, the identity of the person or persons who drafted the material. However, nothing in this section shall be interpreted as granting bargaining unit members any rights greater than those already provided in Section 44031 of the Education Code. 10.5.5 Materials in a bargaining unit member's file shall not be used for evaluation purposes, within the purview of this article, after remaining in the file for a period of four (4) years or more.