Section 40. Personnel Files
40.1 Employee Review
Each employee shall have the right to inspect and review any official record relating to his/her performance as an employee or to a grievance concerning the employee which is kept or maintained by the County. The contents of such records shall be made available to the employee for inspection and review at reasonable intervals during the regular business hours of the County. The employee’s designated representative may also review the personnel file with specific written authorization from the employee.
40.2 Employee Response
The County shall provide an opportunity for the employee 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 the employee’s permanent personnel record.
40.3 Performance Documents
At or before time of 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).
40.4 Request to Seal Records
Employees may request in writing to the Department Head with a copy to the Human Resources Director 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:
- 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.
- 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.
40.5 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, however, that pre‑employment reference materials obtained in confidence shall be removed from official personnel files after one (1) year of continuous County employment.
40.6 Criminal Investigation Records
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 employee’s personnel file. If the criminal investigation results in conviction and/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.