Section One. An employee’s "personnel file" or "personnel record" is defined as that which is maintained at the agency level, exclusive of any other file or record, provided, however, in certain agencies which do not maintain personnel files or records at the agency level, the defined file or record shall be that which is maintained at the institution level.

Section Two. An employee covered hereunder shall, on his/her request, be permitted to examine and copy, at his/her expense, any and all materials in his/her personnel file, other than preemployment material or any other material that is confidential or privileged under law. The State employer reserves the right to require its designee to be present while such file is being inspected or copied. The Union may have access to

any employee’s records upon presentation of written authorization by the appropriate employee.

Section Three. No new material derogatory to an employee shall be placed in his/her personnel file unless he/she or the Union steward had an opportunity to sign it (indicating receipt of such material) and has received a copy of such material. Notices of proven and/or accepted discipline and stipulated agreements while containing possible negative inferences are not deemed derogatory material for purposes of this Article and shall be included in the personnel file.

Within thirty (30) days of receipt, an employee may file a written rebuttal to such materials or request that such material not subsequently merged in any service rating be voided from the record. For purposes of this Section VOIDED SHALL BE DEFINED AS: 1) the document has been removed and placed in another non-personnel file, 2) no negative presumption can be drawn from the document, and 3) the document is not usable in the future as a reference or a document.

Section Four. This Article shall not be deemed to prohibit supervisors from maintaining written notes or records of Employee’s performance for the purpose of preparing service ratings. However, such written notes or records shall not be admissible in any appeal unless the material has been included in the Employee’s personnel file in a manner consistent with this Article.

Section Five. When an employee seeks access to his personnel file, the employer shall provide time off, charged as work time to travel to the Agency Office to examine the file or have the file or copies of its contents transferred to the Employee’s work site for inspection in accordance with Section Two.

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