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ratings or appraisals concerning the employee prepared in accordance with
the Performance Rating Rules. Except for routine personnel transactions
and letters of recommendation obtained in connection with the employee’s
initial employment by the State, a copy of any document placed in an
employee’s personal history folder shall be sent to the employee at the time
of such placement.
§18.2 An employee shall have the opportunity to review his/her personal
history folder in the presence of an appropriate official of the department
or agency and his/her union representative within three working days’
notice; provided, however, where the employee’s personal history folder is
kept at a location other than the employee’s place of work, five working
days’ notice shall be required. With the employee’s written permission,
his/her union representative may conduct such review without the
employee’s presence.
§18.3 During any review of his/her personal history folder, an employee
may examine the entire content of such folder; provided, however, he/she
may not review letters of recommendation obtained in connection with
his/her initial employment by the State. An employee shall have the
opportunity to place in his/her personal history folder a written response of
reasonable length to anything contained therein which is available for
his/her review under the terms of this Article and which he/she deems to
be adverse. Such written response shall be attached to the document to
which it pertains.
§18.4 Derogatory materials determined to be unsubstantiated or not
factual by civil court action, grievance procedure determination at the level
responsible for the maintenance of the personal history folder, or other
formal hearing procedure, shall be removed from the personal history
folder at such time as the employer is formally notified of such
determination by the affected employee.
§18.5 With the exception of disciplinary actions, personnel transactions
and work performance ratings, any material in the personal history folder
of an adverse nature over two years old shall, upon the employee’s written
request, be removed from the personal history folder. Any material may be
removed from the employee’s personal history folder upon mutual
agreement of the employee and the official designated by the agency.
§18.6 Upon a grievance determination that the content of a formal written
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