SEIU 40: Personnel Files

40.1 Inspection and Review
Each worker shall have the right to inspect and review any official record relating to his/her performance as a worker or to a grievance concerning the worker which is kept or maintained by the County. The contents of such records shall be made available to the worker for inspection and review at reasonable intervals during the regular business hours of the County. The worker’s designated representative may also review the personnel file with specific written authorization from the worker.

The County shall provide an opportunity for the worker to respond in writing, or personal interview, to any information about which he/she disagrees. Such response shall become a permanent part of the worker’s personnel record. The worker shall be responsible for providing the written responses to be included as part of the worker’s permanent personnel record.

At or before time of placement, workers shall be given copies of all letters or memoranda concerning the worker’s job performance which are to be placed in the worker’s official personnel file(s).

 

40.2 Letters of Reprimand
Workers may request in writing to the Department Head with a copy to Employee Relations that letters of reprimand which are 2 or more years old be sealed and kept separate from the worker’s personnel files. Said letters of reprimand shall be sealed and removed provided the following conditions are met:

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 worker’s personnel file until the most current related letter of reprimand or record of disciplinary action is 2¬†years old.

The worker 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.

 

40.3 Criminal Investigation
This Section does not apply to the records of a worker relating to the investigation of a possible criminal offense or to letters of reference; provided, however, that pre-employment reference materials obtained in confidence shall be removed from official personnel files after one year of continuous County employment.

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