YOUR PERSONNEL FOLDER

On August 15, 2012, in EAA NEWS, by Engineers & Architects Association
As everyone should know, from the day you enter City service there is a “Personnel Folder” established for you; that Folder becomes the repository for your employment documents – including all “evaluatory and disciplinary documents”. Pursuant to Article 4.2 of our EAA MOU’s [Article 15 in MOU 31], “no evaluatory or disciplinary document may be placed in an employee’s personnel file without his / her review”. You are also entitled to a copy of any such document for your own personal records. While you are required to acknowledge your review of any such document (assuming that it is provided to you), you are NOT required to agree with the content or conclusion of the document – and you have a right to file a grievance if you wish to dispute the content and / or conclusion. In recent months, a number of instances have come to light where some of our members have become aware of the presence of “disciplinary” documents in their Personnel Folders which were never presented to nor discussed with them. It is advisable for ALL City employees to review his or her Personnel Folder at least once per year. Your right to review your Personnel Folder is explicitly established in MOU Article 4.2. Please exercise that right. If in the course of that review you find a document which you feel should not be there, immediately contact your EAA Labor Representative to discuss appropriate action.

And on a related note: if you are facing some form of disciplinary action – of any kind – do NOT sign any “voluntary” acknowledgement of conduct and/or performance subject to discipline unless / until you have consulted with your EAA Labor Representative. Such “voluntary” acknowledgements (of “guilt”) remain in your Personnel Folder indefinitely, and may be used against you in any future disputes over evaluations or discipline. The desire to quickly “get past” a difficult moment must not be allowed to jeopardize future career prospects, or the fair adjudication of any future dispute.

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