Common use of Final and Conclusive Clause in Contracts

Final and Conclusive. The recommended decision of the Hearing Officer, when ratified by the Governing Board, shall be final and conclusive. 1. The ability to inspect his/her personnel file upon request and appointment during normal business hours with the Human Resources Department. The review shall take place during normal business hours and the employee shall be released from duties for this purpose without salary reduction. 2. Information of a derogatory nature shall not be entered into an employee’s personnel records unless and until the employee is given notice and an opportunity to review and comment on that information. Materials entered into a personnel file shall not contain information that is hearsay, information, nor that which is unsubstantiated. No adverse action of any kind shall be taken against an employee based upon material that is not in the personnel file, nor upon material which may be in the personnel file, unless such materials had been placed in the file at the time of incident, following proper notice to the employee. The employee shall have the right to enter, and have attached to any derogatory statement, his or her own comments, within thirty (30) calendar days. 3. A non-credentialed employee shall have access to his or her numerical scores obtained as a result of a written examination. 4. Except as provided in paragraph (3), nothing in this section shall entitle an employee to review ratings, reports, or records that: (a) Were obtained prior to the employment of the person involved, (b) Were prepared by identifiable examination committee members, or (c) Were obtained in connection with a promotional examination. 5. The employee may give written authorization for the union president, the SSA/IFPTE LOCAL 21 Executive Director or designated Executive Board members of SSA/IFPTE LOCAL 21 to review his/her personnel files. 6. All personnel files are kept in confidence in the Human Resources Department. 7. All derogatory material placed in an employee’s file shall be signed and dated by the drafter and the employee on the day on which it was reviewed. Any written material placed in a personnel file shall indicate the date received in the District Human Resources office. Materials or events beyond two years from the date in the personnel file are not eligible for disciplinary proceedings. An employee may request Human Resources to remove any negative material at the end of two years if there has been no recurrence of disciplinary action. This shall not apply to evaluations. 8. Beginning January 1, 2013, anyone reviewing an employee’s personnel file shall be required to sign and date a form after reviewing the file. 9. Employees may request letters of recommendation, commendations, awards, certificates of achievement or coursework be placed in their personnel file.