BCTC MOU Section 38: Personnel Files

38.1        Employee Review  Employees shall have the right to inspect and review any official record relating to their performance as an employee or to a grievance concerning them which is kept or maintained by the County. The contents of such records shall be made available to employees for inspection and review at reasonable intervals during the County’s regular business hours. The employee’s designated representative may also review the personnel file with specific written authorization from the employee.

38.2        Employee Response The County shall provide employees an opportunity to respond in writing or personal interview to any information about which they disagree. Such response shall become a permanent part of the employee’s personnel record. The employee shall be responsible for providing the written responses to be included as part of their permanent personnel record.

38.3        Performance Documents At or before placement, employees shall be given copies of all letters or memoranda concerning the employee’s job performance which are to be placed in the employee’s official personnel file(s).

38.4        Request to Seal Records Employees may request in writing to the Department Head, with a copy to Employee Relations, that letters of reprimand which are two (2) or more years old be sealed and kept separate from the employee’s personnel files. Said letters of reprimand shall be sealed and removed provided the following conditions are met:

  1. The file does not contain subsequent letters of reprimand or records of disciplinary action involving the same type of infraction, in which case the prior letter of reprimand will remain in the employee’s personnel file until the most current related letter of reprimand or record of disciplinary action is two (2) years old.
  2. The employee has not been notified in writing of pending disciplinary action at the time the written request to remove said letters of reprimand is received by the Department Head.

38.5        Records Exempted This Section does not apply to the records of an employee relating to the investigation of a possible criminal offense or to letters of reference, provided.

38.6        Criminal Investigation Records Regarding the investigation of a possible criminal offense, if such investigation leads to neither convic­tion nor disciplinary action, reference to the investigation shall be removed from the employee’s personnel file. If the criminal investigation results in conviction or disciplinary action any reference to the investi­gation which may be in the employee’s personnel file will be retained and will be subject to inspection pursuant to this Section.

Section 39. Workday Reopener

During the term of agreement, upon request from the County, the Union agrees to meet and confer regarding issues within scope of representation related to the implementation of the Workday Human Resources information system.