ARTICLE XIX
EMPLOYEE RIGHTS
19.1.1 The personnel file of each employee shall be maintained at the District's Office of Human Resources and Affirmative Action. Any files kept by an immediate supervisor of any employee shall not contain any material that is not in the main personnel file that would serve as a basis for affecting the status of said employee's continued employment.
19.1.2 Information 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. The employee shall be given an opportunity during normal working hours and without loss of pay to initial and date the material and to prepare a written response to such within ten (10) work days. The allowed release time to prepare the written response shall not exceed two working hours. The written response shall be attached to the material.
19.1.3 An employee shall have the right at any reasonable time, without loss of pay, to examine and/or obtain copies of any material from the employee's personnel file. Such material is not to include ratings, reports, or record which were (1) obtained prior to the employment of the employee involved; (2) were prepared by identifiable screening committee members; or (3) were obtained in connection with a promotional examination.
19.1.4 All personnel files shall be kept in confidence and shall be available for inspection only to other employees of the District when actually necessary in the proper administration of the District's affairs or the supervision of the employee. The District shall keep a log indicating the persons (other than persons whose duty is to maintain the files) 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 examination by the employee or his/her PORAC representative, if authorized in writing by the employee. The log shall be maintained in the employee's personnel file.
19.1.5 Any person who places written material or drafts written material for placement in an employee's file shall sign the material and signify the date on which such material was drafted. Any written materials placed in a personnel file shall indicate the date of such placement.
19.1.6 No disciplinary action shall be taken for any cause which arose prior to the employee's becoming permanent, nor for any cause which arose more than two years preceding the date of the filing of the notice of cause unless such cause was concealed or not disclosed by such employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district. (Education Code 88013, 87031)
19.2.1 No evaluation of any employee shall be place in any personnel file without an opportunity for discussion between the employee and the evaluator. Negative evaluations shall include specific recommendations, when appropriate, for improvement and provisions for assisting the employee in implementing any recommendations if the employee's performance can be remediated.
19.2.2 Every probationary employee shall be evaluated by the employee's immediate supervisor, in writing, before the one-year probationary period has ended:
1. The first written evaluation shall be completed and discussed with every probationary employee at the end of the fourth month of probationary period.
2. The second written evaluation shall be completed and discussed with the employee at the end of the eighth month of the probationary period.
3. The third written evaluation shall be completed and discussed just prior to the twelfth month of the probationary period.
19.2.3 Every permanent Bargaining Unit employee shall be evaluated each year by the employee's immediate supervisor. (If this requires the immediate supervisor to work or observe during unusual hours, then the supervisor shall observe during those hours).
19.2.4 If the employee being evaluated feels that the evaluation is not accurate or fair in its findings and recommendation, the employee may attach a letter of explanation of those items in dispute within ten (10) work days.
19.2.5 Employees are required to sign all formal written evaluations. Employees are not signing that they agree with the evaluation, but rather that they have seen the evaluation. Employees are to receive a copy of their evaluation and the original is to be placed in the employee's personnel file.
San Joaquin Delta College