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April 24, 2014
 Information & NewsDepartmentsPersonnel CommissionClassified Employee HandbookChapter 12   
 

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CHAPTER 12: EMPLOYEE PERSONNEL FILES

 

*BARGAINING UNITS REFER TO CONTRACT*

12.1 PERSONNEL FILES

12.1.1 MAINTENANCE OF FILEPersonnel files will be kept in the Human Resources Office.

12.1.2 INSPECTION OF PERSONNEL FILES BY EMPLOYEEAll personnel information concerning an employee is confidential. An employee shall have the right to inspect his/her personnel file upon request provided that the request is made at a time when the employee is not actually required to render services to the District. An employee shall have access to all material in his/her personnel file, except that such materials subject to inspection shall not include confidential ratings, reports or records which were:

12.1.2.1 Obtained prior to the person's employment.

12.1.2.2 Prepared by identifiable examination committee members.

12.1.2.3 Obtained in connection with a promotional examination.

REFERENCE: Labor Code Section 1198.5; Education Code Sections 45260, 45261, and 44031.

12.1.3 INSPECTION BY OTHERS:  Only those persons with a "need to know" or "right to know" may access an employee's personnel file. An employee may authorize in writing, a representative to review their file.

REFERENCE: Education Code Sections 45260 and 45261

12.1.4 SIGNATURE/DATE REQUIRED:  Written material placed in an employee's personnel file shall be signed and dated by the person originating the document. (See Chapter 13.1.9).

REFERENCE: Education Code Sections 45260 and 45261

12.1.5 PERSONNEL FILE LOG MAINTAINED:  The Human Resources Office shall keep a log indicating the persons who have examined a personnel file as well as the date such examinations were made. Such log and the employee's personnel file shall be available for inspection by the employee or the employee's official representative (with written authorization from the employee). District employees who need access to personnel files in the normal course of their duties shall not be required to log use of files. (Example: Human Resources clerical staff members placing correspondence or completed evaluation forms in an employee's personnel file would not be required to log use of the files).

REFERENCE: Education Code Sections 45260 and 45261

12.1.6 DEROGATORY INFORMATIONInformation 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. Such review shall take place during normal business hours and without loss of pay to the employee. The affected employee shall be furnished with a copy of the proposed material ten (10) days prior to it being placed in that employee's official personnel file. An employee shall have the right to enter, and have attached to any such derogatory statement, his/her own comments. Amended 4/3/07

REFERENCE: Education Code Sections 44031, 45260 and 45261

12.1.7 APPEAL OF PLACEMENT OF MATERIAL IN FILEAn employee may appeal the placement of derogatory information in the personnel file through the Personnel Commission's grievance procedure as outlined in Chapter 18. The timeline for appealing shall coincide with the time limits outlined in Chapter 18. The only cause for appeal shall be a claim that the District has failed to follow procedures set forth in these Rules. Amended 4/3/07

REFERENCE: Education Code Sections 45260 and 45261

12.1.8 REMOVAL OF DEROGATORY MATERIAL If the Commission sustains a grievance the derogatory material shall be removed from the employee's personnel file. In no other instance shall derogatory information be removed from the personnel file. At the point that any grievance is not sustained by the Commission or the time period for filing a grievance related to derogatory information has passed without the filing of a grievance, the derogatory material shall be considered a Permanent Record, and shall not be removed.

REFERENCE: Education Code Sections 45260 and 45261

 

 

  
 
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