Common use of EVALUATIONS AND PERSONNEL FILES Clause in Contracts

EVALUATIONS AND PERSONNEL FILES. Evaluations A. For the purposes of this Article, the term "evaluation" shall refer to a written report of an employee's job performance. 1. Each employee shall be notified of the name of his or her evaluator not later than October 1 of each school year. The notice shall be placed in the employee's mailbox. B. An evaluation shall be completed at least once each year for probationary employees and at least once every other year for permanent employees; and at least every five years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, if those personnel occupy positions that are required to be filled by a highly qualified professional by the Federal No Child Left Behind Act of 2001 (20 U.S.C. SEC. 6301, et seq.), as defined in 20 U.S.C. SEC. 7801, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree. The certificated employee or the evaluator may withdraw consent at any time. An employee may request an evaluation at any time. 1. No later than November 1, the evaluator and the employee shall meet to review the basis for the evaluation. The evaluation of employee competence shall not include the use of publisher's norms established by standardized tests. 2. The evaluation process shall include two classroom observations, one of which will be mutually arranged. 3. Nothing in this Article shall be construed to limit the presence of an administrator in the classroom for any purpose. 4. Evaluations may be made during the school year on any employee. C. All evaluations shall be in writing and shall be given to an employee during a formal conference. No evaluation shall be placed in an employee's file without the knowledge of the employee. 1. The formal, written evaluation shall be transmitted to the employee not later than 30 days before the last school day scheduled on the school calendar. 2. Any statement concerning instructional competency from a person other than the evaluator shall be verified by the evaluator prior to inclusion in the evaluation. 3. No evaluation shall be placed in an employee's file until 10 days after the employee has received a written copy of the evaluation. During this time, the employee may initiate a written response to the evaluation with said response becoming a permanent attachment to the evaluation. 4. The employee's District personnel file shall be available for inspection by the employee. D. In the event the formal written evaluation indicates that the employee “needs improvement" or is "unsatisfactory," the evaluator shall describe the specific areas of unsatisfactory performance either in the evaluation or in a separate document. 1. As a part of the remediation process after the formal written evaluation, the evaluator shall meet with the employee and make specific recommendations as to areas of improvement needed in the employee's performance and endeavor to assist in the improvement of such performance. The recommendations shall be transmitted to the employee in written form within three days of the meeting. 2. The employee shall, after the meeting with the evaluator, develop a written proposal which is designed to alleviate unsatisfactory performance. 3. As a part of the remediation process, the evaluator may provide, or the employee may request, further periodic observations, conferences, and written suggestions for improvement. 4. When subsequent remedial actions on the part of the employee sufficiently modify the employee's performance and identified deficiencies to the satisfaction of the evaluator, a notification to that effect shall be attached to the evaluation. 5. Employees shall not be required to participate in self-evaluation or in the evaluation of other employees. E. The contents of evaluations are not subject to the grievance procedure. F. Any evaluation documents shall be mutually developed and agreed to by the District and the Association. G. Materials in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the inspection of the person involved. Such materials are not to include ratings, reports, or records which: 1. Were obtained prior to the employment of the person involved. 2. Were prepared by identifiable examination committee members; or, 3. Were obtained in connection with a promotional examination. H. Each employee shall have the right to inspect such materials upon request, provided that the request and inspection is made at a time when such person is not actually required to render service to the employing District. I. Information of a derogatory nature shall not be entered or filed unless and until the employee is given notice and an opportunity to review and comment thereon. An employee shall have the right to enter, and have attached to any such derogatory statement, his own comments. Such review shall take place during normal business hours. The employee shall be released from duty for this purpose without salary reduction. J. Complaints against employees which are written and signed shall be brought to the employee's attention as soon as possible and considered by management for inclusion in the employee's personnel file. 1. As part of the consideration on placement in the file, management shall investigate the basis for the complaint. 2. If management determines to include the written complaint in the employee's personnel file, the employee shall be notified of the pending placement in the personnel file and shall be allowed to file a response as provided in paragraph I above. Further, management shall attempt to establish a meeting between the employee and the complaining party. 3. If the complaining party refuses to meet with the employee, the written complaint shall not be placed in the personnel file until the investigation is complete. The investigator is encouraged to have all parties present during an investigatory meeting. The District will continue to investigate the matter, however, and may meet separately with the complaining party, other persons who have pertinent information, and the employee. a. At the conclusion of the investigation, management shall meet with the employee to discuss the results of the investigation and any response the employee wishes to make. b. The written conclusion of management may then be placed in the file, and the employee may file a response as provided in paragraph I above. 4. Complaints which are withdrawn, shown to be false, or are not sustained by the grievance procedure shall neither be placed in the employee's personnel file nor utilized in any evaluation or disciplinary action against the employee.

Appears in 1 contract

Sources: Collective Bargaining Agreement

EVALUATIONS AND PERSONNEL FILES. Evaluations A. For the purposes of this Article, the term "evaluation" shall refer to a written report of an employee's job performance.Departmental Evaluations‌ 1. Each employee shall Employees will be notified evaluated in writing at the end of the name probationary period (and at the end of his or her evaluator not later than October 1 any extension of each school year. The notice shall be placed in the employee's mailbox. B. An evaluation shall be completed probationary period) and thereafter, at least once each per year for probationary employees and at least once every other year for permanent employees; and at least every five years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, if those personnel occupy positions that are required to be filled by a highly qualified professional by the Federal No Child Left Behind Act of 2001 (20 U.S.C. SEC. 6301, et seq.), as defined in 20 U.S.C. SEC. 7801, and whose previous evaluation rated the employee as meeting their immediate supervisor or exceeding standards, if the evaluator and certificated employee being evaluated agreedepartmental designee. The certificated employee next higher level supervisor or the evaluator may withdraw consent at any time. An employee may request an evaluation at any time. 1. No later than November 1, the evaluator and the employee shall meet to departmental designee will review the basis for the evaluation. The evaluation of Evaluations are for constructive employee competence development and shall be based on objective job-related criteria. Evaluations shall not include be used in place of discipline, but may be used in conjunction with the use of publisher's norms established by standardized testsdisciplinary process. 2. The evaluating supervisor or department designee shall give the employee a reasonable advance notice of the time for the evaluation process and shall include two classroom observations, one schedule sufficient time for the evaluation process. The evaluating supervisor or department designee shall discuss the evaluation with the employee. The employee shall have an opportunity to read the evaluation at that time and to attach any relevant comments to the evaluation prior to its placement in the employee's personnel file. The employee shall sign the evaluation upon completion and that signature shall only indicate that the employee has read the evaluation. The employee shall receive a copy of which will be mutually arrangedthe signed evaluation and of any attachments. 3. Nothing in this Article The supervisor or department designee shall provide timely and ongoing feedback pertaining to any job-related skills or behavior that fails to meet the minimum standards established for the employee's job category. A plan for improvement shall be construed to limit worked out between the presence of an administrator in the classroom for any purpose. 4. Evaluations may be made during the school year on any employee. C. All evaluations shall be in writing supervisor and shall be given to an employee during a formal conference. No evaluation shall be placed in an employee's file without the knowledge of the employee. B. Personnel Files‌ 1. The formalEmployer shall maintain one (1) official personnel file and one (1) supervisory file for each employee. These files shall include records pertinent to their employment such as performance evaluations, written evaluation shall be transmitted to the employee not later than 30 days before the last school day scheduled on the school calendardisciplinary notices, Leave of Absence forms, Personnel Action Forms, commendations and awards, and state or national registry, certification or licensure. 2. Any statement concerning instructional competency from a person other than the evaluator shall be verified by the evaluator prior to inclusion in the evaluation. 3. No evaluation shall be placed in an employee's file until 10 days after the employee has received a written copy of the evaluation. During this time, the employee may initiate a written response to the evaluation with said response becoming a permanent attachment to the evaluation. 4. The employee's District personnel file shall be available for inspection by the employee. D. In the event the formal written evaluation indicates that the employee “needs improvement" or is "unsatisfactory," the evaluator shall describe the specific areas of unsatisfactory performance either in the evaluation or in a separate document. 1. As a part of the remediation process after the formal written evaluation, the evaluator shall meet with the employee and make specific recommendations as to areas of improvement needed in the employee's performance and endeavor to assist in the improvement of such performance. The recommendations shall be transmitted to the employee in written form within three days of the meeting. 2. The employee shall, after the meeting with the evaluator, develop a written proposal which is designed to alleviate unsatisfactory performance. 3. As a part of the remediation process, the evaluator may provide, or the employee may request, further periodic observations, conferences, and written suggestions for improvement. 4. When subsequent remedial actions on the part of the employee sufficiently modify the employee's performance and identified deficiencies to the satisfaction of the evaluator, a notification to that effect shall be attached to the evaluation. 5. Employees shall not be required to participate in self-evaluation or in the evaluation of other employees. E. The contents of evaluations are not subject to the grievance procedure. F. Any evaluation documents shall be mutually developed and agreed to by the District and the Association. G. Materials in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the inspection of the person involved. Such materials are not to include ratings, reports, or records which: 1. Were obtained prior to the employment of the person involved. 2. Were prepared by identifiable examination committee members; or, 3. Were obtained in connection with a promotional examination. H. Each employee shall have the right to inspect such materials review the contents of their personnel file and supervisory file upon request, provided that the request and inspection is made at a time when such person is not actually required to render service to the employing District. I. Information of a derogatory nature shall not be entered or filed unless and until the employee is given notice and an opportunity to review and comment thereon. An employee shall have the right to enter, and have attached to any such derogatory statement, his own comments. Such review shall take place during normal business hours. The employee shall be released from duty for this purpose without salary reduction. J. Complaints against employees which are written and signed shall be brought allowed to the employee's attention as soon as possible and considered by management for inclusion in the employee's personnel file. 1bring a Union representative. As part of the consideration on placement in the fileThe Employer shall, management shall investigate the basis upon request, provide copies for the complaint. 2. If management determines to include the written complaint employee of any information in the employee's personnel file, the employee shall be notified of the pending placement in the personnel file and shall be allowed to file a response as provided in paragraph I above. Further, management shall attempt to establish a meeting between the employee and the complaining partytheir files. 3. All disciplinary notices and documentation of counseling sessions shall become invalid and shall be removed from the employee's supervisory files after one (1) year from the date of issue provided that no new material of the same or related nature has been entered into the file during the one (1) year period. 4. If there is any discipline or personnel action, which is grieved, and the complaining party refuses Union has been denied the right of inspection of any material related to meet with the discipline, these materials shall not be utilized in any step of the grievance procedure. 5. All access to personnel files shall be controlled by Human Resources. All access to supervisory files shall be controlled by the supervisor or authorized designee. All personnel and supervisory files shall be kept under lock and key. 6. Access to the personnel and supervisory files shall be limited to the employee, the employee's immediate supervisor, manager, bona fide Human Resources personnel, or clerical personnel responsible for maintaining the files. Any exception to the above access restrictions must have prior written complaint shall not be placed in the personnel file until the investigation is complete. The investigator is encouraged to have all parties present during an investigatory meeting. The District will continue to investigate the matter, however, and may meet separately with the complaining party, other persons who have pertinent information, and authorization by the employee. a. At the conclusion of the investigation, management shall meet with the employee to discuss the results of the investigation and any response the employee wishes to make. b. The written conclusion of management may then be placed in the file, and the employee may file a response as provided in paragraph I above. 4. Complaints which are withdrawn, shown to be false, or are not sustained by the grievance procedure shall neither be placed in the employee's personnel file nor utilized in any evaluation or disciplinary action against the employee.

Appears in 1 contract

Sources: Collective Bargaining Agreement

EVALUATIONS AND PERSONNEL FILES. Evaluations A. For 22.01 The parties to this Collective Agreement recognize the purposes desirability of this Article, the term "evaluation" shall refer to a written report of an employee's job performance. 1Employee evaluations. Each employee shall be notified of the name of his or her evaluator not later than October 1 of each school year. The notice shall be placed in the employee's mailbox. B. An Such evaluation shall be completed at least once each year for probationary employees conducted on a regular basis, and at least a minimum once every other year for permanent employees; and at least every five two (2) years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, if those personnel occupy positions that are required to be filled by a highly qualified professional or when requested by the Federal No Child Left Behind Act Employee. Evaluations shall be for the constructive review of 2001 (20 U.S.C. SEC. 6301, et seq.), as defined in 20 U.S.C. SEC. 7801, and whose previous evaluation rated the employee as meeting or exceeding standards, if performance of the evaluator and certificated employee being evaluated agree. The certificated employee or the evaluator may withdraw consent at any time. An employee may request an evaluation at any timeEmployee. 1. No later than November 1, the evaluator and the employee shall meet to review the basis for the evaluation. The evaluation of employee competence shall not include the use of publisher's norms established by standardized tests. 2. The evaluation process shall include two classroom observations, one of which will be mutually arranged. 3. Nothing in this Article shall be construed to limit the presence of an administrator in the classroom for any purpose. 4. Evaluations may be made during the school year on any employee. C. 22.02 All such evaluations shall be in writing and writing. 22.03 Meetings for the purpose of the evaluation interview shall be scheduled by the Employer with at least forty-eight (48) hours’ notice. The Employee may review their personnel file prior to the interview if requested. The Employee may sign their evaluation for the purpose of indicating that they are aware of its contents. The Employee shall be given to an employee during a formal conference. No copy of their evaluation shall be placed in an employee's file without the knowledge of the employee. 1document. The formal, written evaluation shall be transmitted to the employee not later than 30 days before the last school day scheduled on the school calendar. 2. Any statement concerning instructional competency from a person other than the evaluator shall be verified by the evaluator prior to inclusion in the evaluation. 3. No evaluation shall be placed in an employee's file until 10 days after the employee has received a written copy of the evaluation. During this time, the employee may initiate a written response to the evaluation with said response becoming a permanent attachment to the evaluation. 4. The employee's District personnel file shall be available for inspection by the employee. D. In the event the formal written evaluation indicates that the employee “needs improvement" or is "unsatisfactory," the evaluator shall describe the specific areas of unsatisfactory performance either in the evaluation or in a separate document. 1. As a part of the remediation process after the formal written evaluation, the evaluator shall meet with the employee and make specific recommendations as to areas of improvement needed in the employee's performance and endeavor to assist in the improvement of such performance. The recommendations shall be transmitted to the employee in written form within three days of the meeting. 2. The employee shall, after the meeting with the evaluator, develop a written proposal which is designed to alleviate unsatisfactory performance. 3. As a part of the remediation process, the evaluator may provide, or the employee may request, further periodic observations, conferences, and written suggestions for improvement. 4. When subsequent remedial actions on the part of the employee sufficiently modify the employee's performance and identified deficiencies to the satisfaction of the evaluator, a notification to that effect shall be attached to the evaluation. 5. Employees shall not be required to participate in self-evaluation or in the evaluation of other employees. E. The contents of evaluations are not subject to the grievance procedure. F. Any evaluation documents shall be mutually developed and agreed to by the District and the Association. G. Materials in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the inspection of the person involved. Such materials are not to include ratings, reports, or records which: 1. Were obtained prior to the employment of the person involved. 2. Were prepared by identifiable examination committee members; or, 3. Were obtained in connection with a promotional examination. H. Each employee Employee shall have the right to inspect such materials upon requestrespond, provided that in writing, within seven (7) calendar days of the request interview and inspection is made at a time when such person is not actually required to render service to the employing District. I. Information of a derogatory nature shall not be entered or filed unless and until the employee is given notice and an opportunity to review and comment thereon. An employee shall have the right to enter, and have attached to any such derogatory statement, his own comments. Such review shall take place during normal business hours. The employee their reply shall be released from duty for this purpose without salary reduction. J. Complaints against employees which are written and signed shall be brought to the employee's attention as soon as possible and considered by management for inclusion placed in the employee's their personnel file. 1. As part of the consideration on placement in the file, management shall investigate the basis for the complaint. 2. If management determines to include the written complaint in the employee's personnel file, the employee 22.04 An Employee’s evaluation shall be notified of the pending placement in the personnel file considered confidential and shall be allowed to file a response as provided in paragraph I above. Further, management shall attempt to establish a meeting between the employee and the complaining party. 3. If the complaining party refuses to meet with the employee, the written complaint shall not be released by the Employer to any person, except a Board of Arbitration, the Employer’s counsel or as required by privacy legislation, without the written consent of the Employee. 22.05 Notwithstanding Article 22.03, by appointment made in writing at least one (1) working day in advance, an Employee may view their personnel file. An Employee shall be entitled to be accompanied by a Union representative when viewing their personnel file. 22.06 The Employee shall be given a copy of requested documents from their file provided that they first pay the Employer a reasonable fee to cover the cost of copying, which fee shall be established by the Employer. (a) A Letter of Expectation issued to an Employee shall be placed in on the Employee’s personnel file. The Letter of Expectation shall indicate that it is not disciplinary action. A copy of the Letter of Expectation shall be sent to the Union within five (5) working days. (b) During the Employee’s next performance evaluation any Letter(s) of Expectation on the Employee’s personnel file until shall be reviewed and the investigation matters addressed incorporated into the written evaluation. After the evaluation is complete. The investigator is encouraged to have all parties present during an investigatory meeting. The District will continue to investigate , the matter, however, and may meet separately with the complaining party, other persons who have pertinent information, and the employeeLetter(s) of Expectation shall be removed. a. At the conclusion of the investigation, management shall meet with the employee to discuss the results of the investigation and any response the employee wishes to make. b. The written conclusion of management may then be placed in the file, and the employee may file a response as provided in paragraph I above. 4. Complaints which are withdrawn, shown to be false, or are not sustained by the grievance procedure shall neither be placed in the employee's personnel file nor utilized in any evaluation or disciplinary action against the employee.

Appears in 1 contract

Sources: Collective Agreement

EVALUATIONS AND PERSONNEL FILES. A. Departmental Evaluations A. For the purposes of this Article, the term "evaluation" shall refer to a written report of an employee's job performance. 1. Each Employees will be evaluated in writing at the end of the probationary period (and at the end of any extension of the probationary period) and thereafter, at least once per year by their immediate supervisor or departmental designee. The next higher level supervisor or departmental designee will review the evaluation. Evaluations are for constructive employee development and shall be based on objective job-related criteria. Evaluations shall not be used in place of discipline, but may be used in conjunction with the disciplinary process.‌ 2. The evaluating supervisor or department designee shall give the employee a reasonable advance notice of the time for the evaluation and shall schedule sufficient time for the evaluation process. The evaluating supervisor or department designee shall discuss the evaluation with the employee. The employee shall be notified of have an opportunity to read the name of his or her evaluator not later than October 1 of each school year. The notice shall be placed evaluation at that time and to attach any relevant comments to the evaluation prior to its placement in the employee's mailbox. B. An personnel file. The employee shall sign the evaluation upon completion and that signature shall be completed at least once each year for probationary employees and at least once every other year for permanent employees; and at least every five years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, if those personnel occupy positions only indicate that are required to be filled by a highly qualified professional by the Federal No Child Left Behind Act of 2001 (20 U.S.C. SEC. 6301, et seq.), as defined in 20 U.S.C. SEC. 7801, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree. The certificated employee or the evaluator may withdraw consent at any time. An employee may request an evaluation at any time. 1. No later than November 1, the evaluator and the employee shall meet to review the basis for has read the evaluation. The employee shall receive a copy of the signed evaluation and of employee competence any attachments. 3. The supervisor or department designee shall not provide timely and ongoing feedback pertaining to any job-related skills or behavior that fails to meet the minimum standards established for the employee's job category. A plan for improvement shall be worked out between the supervisor and the employee. B. Personnel Files 1. The Employer shall maintain one (1) official personnel file and one (1) supervisory file for each employee. These files shall include the use records pertinent to their employment such as performance evaluations, written disciplinary notices, Leave of publisher's norms established by standardized testsAbsence forms, Personnel Action Forms, commendations and awards, and state or national registry, certification or licensure. 2. The evaluation process shall include two classroom observations, one of which will be mutually arranged. 3. Nothing in this Article shall be construed to limit the presence of an administrator in the classroom for any purpose. 4. Evaluations may be made during the school year on any employee. C. All evaluations shall be in writing and shall be given to an employee during a formal conference. No evaluation shall be placed in an employee's file without the knowledge of the employee. 1. The formal, written evaluation shall be transmitted to the employee not later than 30 days before the last school day scheduled on the school calendar. 2. Any statement concerning instructional competency from a person other than the evaluator shall be verified by the evaluator prior to inclusion in the evaluation. 3. No evaluation shall be placed in an employee's file until 10 days after the employee has received a written copy of the evaluation. During this time, the employee may initiate a written response to the evaluation with said response becoming a permanent attachment to the evaluation. 4. The employee's District personnel file shall be available for inspection by the employee. D. In the event the formal written evaluation indicates that the employee “needs improvement" or is "unsatisfactory," the evaluator shall describe the specific areas of unsatisfactory performance either in the evaluation or in a separate document. 1. As a part of the remediation process after the formal written evaluation, the evaluator shall meet with the employee and make specific recommendations as to areas of improvement needed in the employee's performance and endeavor to assist in the improvement of such performance. The recommendations shall be transmitted to the employee in written form within three days of the meeting. 2. The employee shall, after the meeting with the evaluator, develop a written proposal which is designed to alleviate unsatisfactory performance. 3. As a part of the remediation process, the evaluator may provide, or the employee may request, further periodic observations, conferences, and written suggestions for improvement. 4. When subsequent remedial actions on the part of the employee sufficiently modify the employee's performance and identified deficiencies to the satisfaction of the evaluator, a notification to that effect shall be attached to the evaluation. 5. Employees shall not be required to participate in self-evaluation or in the evaluation of other employees. E. The contents of evaluations are not subject to the grievance procedure. F. Any evaluation documents shall be mutually developed and agreed to by the District and the Association. G. Materials in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the inspection of the person involved. Such materials are not to include ratings, reports, or records which: 1. Were obtained prior to the employment of the person involved. 2. Were prepared by identifiable examination committee members; or, 3. Were obtained in connection with a promotional examination. H. Each employee shall have the right to inspect such materials review the contents of their personnel file and supervisory file upon request, provided that the request and inspection is made at a time when such person is not actually required to render service to the employing District. I. Information of a derogatory nature shall not be entered or filed unless and until the employee is given notice and an opportunity to review and comment thereon. An employee shall have the right to enter, and have attached to any such derogatory statement, his own comments. Such review shall take place during normal business hours. The employee shall be released from duty for this purpose without salary reduction. J. Complaints against employees which are written and signed shall be brought allowed to the employee's attention as soon as possible and considered by management for inclusion in the employee's personnel file. 1bring a Union representative. As part of the consideration on placement in the fileThe Employer shall, management shall investigate the basis upon request, provide copies for the complaint. 2. If management determines to include the written complaint employee of any information in the employee's personnel file, the employee shall be notified of the pending placement in the personnel file and shall be allowed to file a response as provided in paragraph I above. Further, management shall attempt to establish a meeting between the employee and the complaining partytheir files. 3. All disciplinary notices and documentation of counseling sessions shall become invalid and shall be removed from the employee's supervisory files after one (1) year from the date of issue provided that no new material of the same or related nature has been entered into the file during the one (1) year period. 4. If there is any discipline or personnel action, which is grieved, and the complaining party refuses Union has been denied the right of inspection of any material related to meet with the discipline, these materials shall not be utilized in any step of the grievance procedure. 5. All access to personnel files shall be controlled by Human Resources. All access to supervisory files shall be controlled by the supervisor or authorized designee. All personnel and supervisory files shall be kept under lock and key. 6. Access to the personnel and supervisory files shall be limited to the employee, the employee's immediate supervisor, manager, bona fide Human Resources personnel, or clerical personnel responsible for maintaining the files. Any exception to the above access restrictions must have prior written complaint shall not be placed in the personnel file until the investigation is complete. The investigator is encouraged to have all parties present during an investigatory meeting. The District will continue to investigate the matter, however, and may meet separately with the complaining party, other persons who have pertinent information, and authorization by the employee. a. At the conclusion of the investigation, management shall meet with the employee to discuss the results of the investigation and any response the employee wishes to make. b. The written conclusion of management may then be placed in the file, and the employee may file a response as provided in paragraph I above. 4. Complaints which are withdrawn, shown to be false, or are not sustained by the grievance procedure shall neither be placed in the employee's personnel file nor utilized in any evaluation or disciplinary action against the employee.

Appears in 1 contract

Sources: Collective Bargaining Agreement

EVALUATIONS AND PERSONNEL FILES. Evaluations13.1 All new employees will serve a ninety (90) working day probationary period during which the employee serves at the will of the Board. If, during the probationary period, an employee is dismissed, such action shall not be made the object of a grievance under this agreement. A. For 13.2 The purpose of evaluation is to maintain a competent and qualified staff and to promote its continuing development. Supervision should be ongoing and constructive feedback given whenever it is needed to help the purposes ESP perform to the best of this Articlethat person’s ability. 13.3 A written evaluation process and any subsequent changes will be developed for each job category, which may be adjusted as needed. The evaluation process will be developed by administration in collaboration with the term "evaluation" shall refer Association and representatives from the employees who are employed in the individual job categories. 13.4 Employees will be given a copy of any evaluation or work performance report prepared by their supervisor(s) and will, within ten (10) days of receiving documentation, be entitled to a written conference to discuss said report. No such report of an employee's job performance. 1. Each employee shall be notified of the name of his or her evaluator not later than October 1 of each school year. The notice shall will be placed in the employee's mailbox’s personnel file or otherwise acted upon without prior conference, if requested. No employee will be required to sign a blank or incomplete evaluation form. Employees will be informed of any changes in the instrument used to evaluate their job performance at least six (6) weeks prior to the use of the instrument. B. An evaluation shall be completed at least once each year for probationary employees and at least once every other year for permanent employees; and at least every five years for 13.5 Employees will have the right, upon request, to review the contents of their personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, if those personnel occupy positions that are required to be filled by a highly qualified professional by the Federal No Child Left Behind Act of 2001 (20 U.S.C. SEC. 6301, et seq.), as defined in 20 U.S.C. SEC. 7801file excluding references, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree. The certificated employee or the evaluator they may withdraw consent at receive one (1) copy of any timedocuments reviewed. An employee will be entitled to have a representative of the Association accompany him/her during such review. No materials may request an evaluation at be placed in the employee’s personnel file without the employee’s knowledge as acknowledged by the employee’s signing and dating the material prior to inclusion. Correspondence between the administration and employee maybe placed in the personnel file. The employee has a right to submit a written response to any timedocument in the personnel file. 1. No later than November 1, 13.6 Any complaint regarding any employee made to a member of the evaluator and the employee shall meet to review administration which becomes the basis for an intended disciplinary action will be called to the evaluationattention of the employee in a timely fashion and prior to any action(s) being taken. The evaluation of employee competence shall not include administration will identify the use of publisher's norms established by standardized tests. 2. The evaluation process shall include two classroom observations, one of which will be mutually arranged. 3. Nothing in this Article shall be construed to limit the presence of an administrator in the classroom for any purpose. 4. Evaluations may be made during the school year on any employee. C. All evaluations shall be in writing and shall be given to an employee during a formal conference. No evaluation shall be placed in an employee's file without the knowledge of the employee. 1. The formal, written evaluation shall be transmitted complainant to the employee not later than 30 days before the last school day scheduled on the school calendar. 2. Any statement concerning instructional competency from a person other than the evaluator shall be verified by the evaluator prior to inclusion in the evaluation. 3. No evaluation shall be placed in an employee's file until 10 days after the employee has received and provide a written copy of the evaluationcomplaint. During this timeThe employee will be given an opportunity to respond to and/or rebut such complaint. Except in cases of emergency, the employee may initiate will be given at least 24 hours’ notice of any meetings involving complaints or possible disciplinary action. Said notice will include a written response to the evaluation with said response becoming a permanent attachment to the evaluation. 4. The employee's District personnel file shall be available for inspection by reminder of the employee. D. In the event the formal written evaluation indicates that the employee “needs improvement" or is "unsatisfactory," the evaluator shall describe the specific areas of unsatisfactory performance either in the evaluation or in a separate document. 1. As a part of the remediation process after the formal written evaluation’s ▇▇▇▇▇▇▇▇▇▇ Rights, the evaluator shall meet with the employee and make specific recommendations as to areas of improvement needed in the employee's performance and endeavor to assist in the improvement of such performance. The recommendations shall be transmitted to the employee in written form within three days of the meeting. 2. The employee shall, after the meeting with the evaluator, develop a written proposal which is designed to alleviate unsatisfactory performance. 3. As a part of the remediation process, the evaluator may provide, or the employee may request, further periodic observations, conferences, and written suggestions for improvement. 4. When subsequent remedial actions on the part of the employee sufficiently modify the employee's performance and identified deficiencies to the satisfaction of the evaluator, a notification to that effect shall be attached to the evaluation. 5. Employees shall not be required to participate in self-evaluation or in the evaluation of other employees. E. The contents of evaluations are not subject to the grievance procedure. F. Any evaluation documents shall be mutually developed and agreed to by the District and the Association. G. Materials in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the inspection of the person involved. Such materials are not to include ratings, reports, or records which: 1. Were obtained prior to the employment of the person involved. 2. Were prepared by identifiable examination committee members; or, 3. Were obtained in connection with a promotional examination. H. Each employee shall have the including right to inspect such materials upon request, provided representation at any meeting that the request and inspection is made at a time when such person is not actually required may lead to render service to the employing Districtpossible disciplinary action. I. Information of a derogatory nature shall not be entered or filed unless and until the employee is given notice and an opportunity to review and comment thereon. An employee shall have the right to enter, and have attached to any such derogatory statement, his own comments. Such review shall take place during normal business hours. The employee shall be released from duty for this purpose without salary reduction. J. Complaints against employees which are written and signed shall be brought to the employee's attention as soon as possible and considered by management for inclusion in the employee's personnel file. 1. As part of the consideration on placement in the file, management shall investigate the basis for the complaint. 2. If management determines to include the written complaint in the employee's personnel file, the employee shall be notified of the pending placement in the personnel file and shall be allowed to file a response as provided in paragraph I above. Further, management shall attempt to establish a meeting between the employee and the complaining party. 3. If the complaining party refuses to meet with the employee, the written complaint shall not be placed in the personnel file until the investigation is complete. The investigator is encouraged to have all parties present during an investigatory meeting. The District will continue to investigate the matter, however, and may meet separately with the complaining party, other persons who have pertinent information, and the employee. a. At the conclusion of the investigation, management shall meet with the employee to discuss the results of the investigation and any response the employee wishes to make. b. The written conclusion of management may then be placed in the file, and the employee may file a response as provided in paragraph I above. 4. Complaints which are withdrawn, shown to be false, or are not sustained by the grievance procedure shall neither be placed in the employee's personnel file nor utilized in any evaluation or disciplinary action against the employee.

Appears in 1 contract

Sources: Master Contractual Agreement

EVALUATIONS AND PERSONNEL FILES. A. Evaluations A. For the purposes of this Article, the term "evaluation" shall refer to a written report of an employee's job performance. 1. Each employee shall Employees will be notified evaluated, in writing, at the end of the name probationary period (and at the end of his or her evaluator not later than October 1 any extension of each school year. The notice shall be placed in the employee's mailbox. B. An evaluation shall be completed probationary period) and thereafter, at least once each per year for probationary employees and at least once every other year for permanent employees; and at least every five years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, if those personnel occupy positions that are required to be filled by a highly qualified professional by the Federal No Child Left Behind Act of 2001 (20 U.S.C. SEC. 6301, et seq.), as defined in 20 U.S.C. SEC. 7801, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree. The certificated employee or the evaluator may withdraw consent at any time. An employee may request an evaluation at any time. 1. No later than November 1, the evaluator and the employee shall meet to review the basis for the evaluationtheir immediate supervisor. The evaluation of will be reviewed by the next higher level supervisor. Evaluations are for constructive employee competence development and shall be based on objective job-related criteria. Evaluations shall not include be used in place of discipline, but may be used in conjunction with the use of publisher's norms established by standardized testsdisciplinary process. 2. The evaluating supervisor shall give the employee a reasonable advance notice of the time for the evaluation process and shall include two classroom observations, one schedule sufficient time for the evaluation process. The evaluating supervisor shall discuss the evaluation with the employee. The employee shall have an opportunity to read the evaluation at that time and to attach any relevant comments to the evaluation prior to is placement in the employee’s personnel file. The employee shall sign the evaluation upon completion and that signature shall only indicate that the employee has read the evaluation. The employee shall receive a copy of which will be mutually arrangedthe signed evaluation and of any attachments. 3. Nothing in this Article The supervisor shall provide timely and ongoing feedback pertaining to any job- related skills or behavior which fail to meet the minimum standards established for the employee’s job category. A plan for improvement shall be construed to limit worked out between the presence of an administrator in the classroom for any purpose. 4. Evaluations may be made during the school year on any employee. C. All evaluations shall be in writing supervisor and shall be given to an employee during a formal conference. No evaluation shall be placed in an employee's file without the knowledge of the employee. B. Personnel Files 1. The formalEmployer shall maintain one (1) official personnel file and one (1) supervisory file for each employee. These files shall include records pertinent to their employment such as performance evaluations, written evaluation shall be transmitted to the employee not later than 30 days before the last school day scheduled on the school calendardisciplinary notices, Leave of Absence forms, Personnel Action Forms, commendations and awards, and state or national registry, certification or licensure. 2. Any statement concerning instructional competency from a person other than the evaluator shall be verified by the evaluator prior to inclusion in the evaluation. 3. No evaluation shall be placed in an employee's file until 10 days after the employee has received a written copy of the evaluation. During this time, the employee may initiate a written response to the evaluation with said response becoming a permanent attachment to the evaluation. 4. The employee's District personnel file shall be available for inspection by the employee. D. In the event the formal written evaluation indicates that the employee “needs improvement" or is "unsatisfactory," the evaluator shall describe the specific areas of unsatisfactory performance either in the evaluation or in a separate document. 1. As a part of the remediation process after the formal written evaluation, the evaluator shall meet with the employee and make specific recommendations as to areas of improvement needed in the employee's performance and endeavor to assist in the improvement of such performance. The recommendations shall be transmitted to the employee in written form within three days of the meeting. 2. The employee shall, after the meeting with the evaluator, develop a written proposal which is designed to alleviate unsatisfactory performance. 3. As a part of the remediation process, the evaluator may provide, or the employee may request, further periodic observations, conferences, and written suggestions for improvement. 4. When subsequent remedial actions on the part of the employee sufficiently modify the employee's performance and identified deficiencies to the satisfaction of the evaluator, a notification to that effect shall be attached to the evaluation. 5. Employees shall not be required to participate in self-evaluation or in the evaluation of other employees. E. The contents of evaluations are not subject to the grievance procedure. F. Any evaluation documents shall be mutually developed and agreed to by the District and the Association. G. Materials in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the inspection of the person involved. Such materials are not to include ratings, reports, or records which: 1. Were obtained prior to the employment of the person involved. 2. Were prepared by identifiable examination committee members; or, 3. Were obtained in connection with a promotional examination. H. Each employee shall have the right to inspect such materials review the contents of their personnel file and supervisory file upon request, provided that the request and inspection is made at a time when such person is not actually required to render service to the employing District. I. Information of a derogatory nature shall not be entered or filed unless and until the employee is given notice and an opportunity to review and comment thereon. An employee shall have the right to enter, and have attached to any such derogatory statement, his own comments. Such review shall take place during normal business hours. The employee shall be released from duty for this purpose without salary reduction. J. Complaints against employees which are written and signed shall be brought allowed to the employee's attention as soon as possible and considered by management for inclusion in the employee's personnel file. 1bring a Union representative. As part of the consideration on placement in the fileThe Employer shall, management shall investigate the basis upon request, provide copies for the complaint. 2. If management determines to include the written complaint employee of any information in the employee's personnel file, the employee shall be notified of the pending placement in the personnel file and shall be allowed to file a response as provided in paragraph I above. Further, management shall attempt to establish a meeting between the employee and the complaining partytheir files. 3. All disciplinary notices and documentation of counseling sessions shall become invalid and shall be removed from the employee’s supervisory files after one (1) year from the date of issue provided that no new material of the same or related nature has been entered into the file during the one (1) year period. 4. If there is any discipline or personnel action, which is grieved, and the complaining party refuses Union has been denied the right of inspection of any material related to meet with the discipline, these materials shall not be utilized in any step of the grievance procedure. 5. All access to personnel files shall be controlled by Human Resources. All access to supervisory files shall be controlled by the supervisor or authorized designee. All personnel and supervisory files shall be kept under lock and key. 6. Access to the personnel and supervisory files shall be limited to the employee, the employee’s immediate supervisor, manager, bona fide Human Resources personnel, or clerical personnel responsible for maintaining the files. Any exception to the above access restrictions must have prior written complaint shall not be placed in the personnel file until the investigation is complete. The investigator is encouraged to have all parties present during an investigatory meeting. The District will continue to investigate the matter, however, and may meet separately with the complaining party, other persons who have pertinent information, and authorization by the employee. a. At the conclusion of the investigation, management shall meet with the employee to discuss the results of the investigation and any response the employee wishes to make. b. The written conclusion of management may then be placed in the file, and the employee may file a response as provided in paragraph I above. 4. Complaints which are withdrawn, shown to be false, or are not sustained by the grievance procedure shall neither be placed in the employee's personnel file nor utilized in any evaluation or disciplinary action against the employee.

Appears in 1 contract

Sources: Collective Bargaining Agreement

EVALUATIONS AND PERSONNEL FILES. Evaluations(Revised 2022-2023) 1. For probationary unit members, the immediate administrator shall conduct a formal evaluation (Appendix C) during the third and sixth months of employment, and for permanent unit members, once every other year. Permanent unit members who have served in their current capacity for three years or more and who receive fully satisfactory on all three previous evaluations (no indication of unsatisfactory performance in any area) shall be evaluated once every three years. A. For The evaluation process may include a goal setting process providing the purposes goals are not inconsistent with the classification description of this Article, the term "evaluation" shall refer to a written report of an employee's job performance. 1B. Employees may be evaluated every year at the discretion of their evaluator. C. These evaluations will be completed in order to keep the employees informed of their effectiveness in performing their work assignment. Each employee shall be notified receive a copy of the name evaluation. 2. It is the policy of his or her evaluator not later than October 1 the District that no evaluation of each school year. The notice any employee shall be placed in the employee's mailboxpersonnel file without an opportunity for discussion between the employee and the evaluator. B. An evaluation shall be completed at least once each year for probationary employees and at least once every other year for permanent employees; and at least every five years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, if those personnel occupy positions that are required to be filled by a highly qualified professional by the Federal No Child Left Behind Act of 2001 (20 U.S.C. SEC. 6301, et seq.), as defined in 20 U.S.C. SEC. 7801, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree. The certificated employee or the evaluator may withdraw consent at any time. An employee may request an evaluation at any time. 1. No later than November 1, the evaluator and the employee shall meet to review the basis for the evaluation. The evaluation of employee competence shall not include the use of publisher's norms established by standardized tests. 2. The evaluation process shall include two classroom observations, one of which will be mutually arranged. 3. Nothing in this Article shall be construed to limit the presence of an administrator in the classroom for any purpose. 4. Evaluations may be made during the school year on any employee. C. All evaluations shall be in writing and shall be given to an employee during a formal conference. A. No evaluation shall be placed made based upon statements that have no basis in an employee's file without the knowledge of the employeefact. 1. The formal, written evaluation shall be transmitted to the employee not later than 30 days before the last school day scheduled on the school calendar. 2. Any statement concerning instructional competency from a person other than the evaluator shall be verified by the evaluator prior to inclusion in the evaluation. 3. No evaluation shall be placed in an employee's file until 10 days after the employee has received a written copy B. On ratings of the evaluation. During this time, the employee may initiate a written response to the evaluation with said response becoming a permanent attachment to the evaluation. 4. The employee's District personnel file shall be available for inspection by the employee. D. In the event the formal written evaluation indicates that the employee needs improvement" Requires Improvement” or is "unsatisfactory," the evaluator shall describe the specific areas of unsatisfactory performance either in the evaluation or in a separate document. 1. As a part of the remediation process after the formal written evaluation“Unsatisfactory”, the evaluator shall meet with the employee and make include specific recommendations as to areas of for improvement needed in the employee's performance and endeavor to assist in the improvement of such performance. The recommendations shall be transmitted to provisions for assisting the employee in written form within three days of the meetingimplementing any recommendations made. 2. C. The employee shall, after the meeting with the evaluator, develop a written proposal which is designed to alleviate unsatisfactory performance. 3. As a part of the remediation process, the evaluator may provide, or the employee may request, further periodic observations, conferences, and written suggestions for improvement. 4. When subsequent remedial actions on the part of the employee sufficiently modify the employee's performance and identified deficiencies to the satisfaction of the evaluator, a notification to that effect shall be attached to the evaluation. 5. Employees shall not be required to participate in self-evaluation or in the evaluation of other employees. E. The contents of evaluations are not subject to the grievance procedure. F. Any evaluation documents shall be mutually developed and agreed to by the District and the Association. G. Materials in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the inspection of the person involved. Such materials are not to include ratings, reports, or records which: 1. Were obtained prior to the employment of the person involved. 2. Were prepared by identifiable examination committee members; or, 3. Were obtained in connection with a promotional examination. H. Each employee shall have the right to inspect such materials upon request, provided that the request review and inspection is made at a time when such person is not actually required respond in writing to render service to the employing Districtany evaluation. I. Information of a derogatory nature D. Evaluations shall not be entered used as a disciplinary tool. E. If a permanent employee receives a “Requires Improvement” or filed unless and until “Unsatisfactory” rating, the evaluating administrator may require the employee is given notice and an opportunity to review and comment thereon. An employee shall have remain on the right to enter, and have attached to any such derogatory statement, his own comments. Such review shall take place during normal business hours. The employee shall be released from duty for this purpose without salary reduction. J. Complaints against employees which are written and signed shall be brought to the employee's attention as soon as possible and considered by management for inclusion in the employee's personnel file. 1. As part of the consideration on placement in the file, management shall investigate the basis evaluation cycle for the complaint. 2. If management determines to include the written complaint in the employee's personnel file, the employee shall be notified of the pending placement in the personnel file and shall be allowed to file a response as provided in paragraph I above. Further, management shall attempt to establish a meeting between the employee and the complaining partyfollowing year. 3. If Employees shall have access to their personnel files during working hours so long as it does not interrupt the complaining party refuses to meet employee’s work assignment and with the employee, the written complaint shall not be placed in the personnel file until the investigation is complete. The investigator is encouraged to have all parties present during an investigatory meeting. The District will continue to investigate the matter, however, and may meet separately with the complaining party, other persons who have pertinent information, and the employee. a. At the conclusion of the investigation, management shall meet with the employee to discuss the results of the investigation and any response the employee wishes to make. b. The written conclusion of management may then be placed in the file, and the employee may file a response as provided in paragraph I abovesupervisor’s approval. 4. Complaints Derogatory written warning and written reprimand documents which are withdrawn, shown to not current (older than 24 months) and not relevant (concerning a behavior or infraction which has not been repeated or is not ongoing) shall be false, or are not sustained by the grievance procedure shall neither be placed in the employee's removed from an employees’ personnel file nor utilized in any evaluation or disciplinary action against the employeeupon request.

Appears in 1 contract

Sources: Collective Bargaining Agreement