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17.01 Inspection of Personnel Files Any bargaining unit member shall have the right to inspect his/her personnel file, except material which may not be disclosed in accordance with Chapter 1347 of the Ohio Revised Code, upon request during normal business hours, Monday through Friday (except holidays). The member has the right to provide written authorization for his/her bargaining agent representative to act for the member in requesting access to the personnel file and in reviewing said file. Anyone inspecting a member's file shall sign indicating he/she has reviewed the file. The member'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. Records of residential and/or familial information for members meeting the ORC 149.43 and ORC 109.71 definitions of peace officer will be excluded from any information request made pursuant to the Ohio Public Records Act and will not be released. Peace officer residential and familial information will encompass the types of information listed in ORC 149.43, (A), (7), (a) through (f). 17.02 Amount of Personnel Files and Documents There shall be only one (1) official personnel file for each employee which shall be maintained in the (Central) personnel office of the Department/Facility. Additional personnel files may be established and maintained provided that no material relating 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 work performance shall be given to the employee at the time of its placement. 17.03 Inaccuracies If a bargaining unit member has reason to believe that there are inaccuracies in documents contained in the personnel file, the member may write a memorandum to the Director/Superintendent explaining the alleged inaccuracy. If the Director/Superintendent or designee concurs with the member's contentions, the Director/Superintendent or designee may either remove the document or attach the member's memorandum to the document in the file and note there on the Director/Superintendent or designee's concurrence with the contents of the memorandum. If the Superintendent or designee does not concur, he/she will attach the member's memorandum to the document. 17.04 Copies Any member, or a representative granted permission in writing by a member, may obtain a copy of material contained in his/her personnel files except the material excluded in Section 17.01 of this Article without cost. In any case in which a reprimand, suspension or dismissal is disaffirmed or otherwise rendered invalid, all documents relating thereto will be removed from all department files. 17.05 Disciplinary Record Removal and Limited Access File Records of verbal and written reprimands will not be utilized by the Employer beyond a twelve (12) month period if no further disciplinary action occurs during the twelve (12) month period. Records of suspensions and demotions will not be utilized by the Employer beyond a twenty-four (24) month period if no further disciplinary action occurs during the twenty-four (24) month period. The retention period shall be extended by a period equal to employee leaves of fourteen (14) consecutive days or longer, except for approved periods of vacation leave and compensatory time. These records of disciplinary actions and all documents related thereto shall be removed from the employee's personnel file and maintained in a limited access file utilized only for administrative purposes such as response and defense to actions filed in any court or administrative agency by the employee or by a third party, but in any case shall not be utilized in relation to any decision regarding disciplines. Section 17.05 applies to all disciplinary records whenever placed in the employee's personnel file. Such limited access files shall be maintained in the respective agency records center or at the central records center of the Department of Administrative Services. |