ARTICLE 12 - PERSONNEL FILES
The language in this Appendix continues unchanged from the previous Agreement except for minor housekeeping changes.
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PLEASE NOTE:
Language that is in bold typeface and underlined was added with this Agreement. Language that is Language in Italics are annotations added by the Office of Collective Bargaining. |
Each employee shall have the right to inspect the content of his/her personnel file upon request except material which may not be disclosed in accordance with Chapter 1347 of the Ohio Revised Code during normal business hours, Monday through Friday, excluding holidays. Access to the employee's personnel file shall also be granted to the employee's designated representative upon written authorization by the employee. Any person inspecting an employee's file shall sign indicating he/she has reviewed the file.
The employee's personnel file shall not be made available to any person or organization other than the Employer without the employee's express written authorization unless pursuant to court order, subpoena or written request made pursuant to the Ohio Public Records Act.
There shall be only one (1) official personnel file for each employee. The official file shall be maintained at a location designated by the Employer, who shall advise the Association of such locations within sixty (60) days of the opening of any new facility and within ten (10) days of any location change. Additional personnel files may be established and maintained provided that no material relative to conduct, discipline or job performance shall be maintained in any file that is not also maintained in the official file. A copy of all documents relating to conduct, discipline or job performance shall be given to the employee at the time of its placement in the official file.
An employee who wishes to dispute the accuracy, relevance, timeliness or completeness of materials contained in his/her personnel file shall have the right to submit a memorandum to the Appointing Authority requesting that the documents in question be reviewed.
The Appointing Authority shall within ninety (90) days of receipt of the request inform the employee of the action to be taken. The Appointing Authority shall delete any information which cannot be verified or is found to be inaccurate.
The employee shall have a right to submit a written statement noting his/her objections to the material in question to be placed in the file within thirty (30) days of notification of the employing agency's action.
Records of oral and written reprimands and all documents
related thereto there to shall
be removed from the personnel file one (1) year after the effective date of
the reprimand providing there are no intervening disciplinary actions during
the one (1) year period.
Records of suspension and all documents related thereto shall be removed from the personnel file two (2) years after the effective date of the suspension providing there are no intervening disciplinary actions during the two (2) year period.
In any case in which a written reprimand, suspension or dismissal is disaffirmed or otherwise rendered invalid, all documents relating thereto will be removed from the personnel file.
12.05 - Department of Administrative Services' Files
The Department of Administrative Services shall continue to retain such documents as necessary to support payroll and personnel actions.