Between CCFT & the Cabrillo Community College District
July 1, 2007 through June 30, 2010
- 19.1 Personnel records will be kept for each bargaining unit member in
compliance with the California Education Code. Such records shall pertain
directly to the employment relationship between the unit member and the District.
Each personnel record shall be identified by the unit member's name and Social
Security number. The personnel file of each unit member shall be maintained
at the District's Personnel Office in compliance with the California Education
- 19.1.1 As provided by Section 12.3.2, all documents dealing with the
processing of a grievance shall be filed separately from the personnel
files of any
- 19.2 Only the appropriate administrator may place derogatory materials
in a unit member's personnel file. A unit member shall be provided with copies
of any derogatory material nine (9) work days before it is placed in her/his
personnel file. The unit member shall be given an opportunity during the
regular business hours of the Personnel Office and without loss of pay to
review and initial the material. If a unit member is unable to be present
during the regular business hours of the Personnel Office, the District will
make a reasonable accommodation for such review. Any written response prepared
by the unit member, or her/his designee, shall be attached to the material
and placed in the personnel file.
- 19.2.1 The appropriate administrator shall determine whether or not
to retain the derogatory material within five days after the unit member
a written response. If, after review of the unit member's written response,
the appropriate administrator decides not to retain the derogatory material,
it shall be destroyed in the presence of the unit member. If the appropriate
administrator decides to retain the derogatory material, the unit member
may request in writing within five days that the appropriate Vice President
review the materials and decide whether the derogatory materials should
be retained. The Vice President may designate another administrator,
the administrator who wrote the derogatory material, to conduct the review.
As part of the review, the Vice President or designee may request further
information from the unit member or the administrator that wrote the
derogatory material. The unit member and CCFT shall be informed of the
results of the
review within 20 days of submitting the request. If the Vice President
or designee decides not to retain the derogatory material, it shall be
in the presence of the unit member.
- 19.2.2 A unit member or the District may place in the personnel file
any material information relevant to her/his career or advancement.
- 19.2.3 Any material placed in a unit member's file shall be signed
and dated and shall also indicate the date of such placement.
- 19.2.4 Complaints from students, parents, citizens or non-supervisory
or non-management employees of the District, shall be investigated by
an appropriate administrator. Should the appropriate administrator find
to the complaint, and should the appropriate administrator feel that
the complaint should become a part of the unit member's personnel file,
the appropriate administrator shall reduce the complaint to writing and
follow the procedures of this Article to place the derogatory material
in the unit
member's personnel file.
- 19.3 A unit member shall have the right at any reasonable time and without
loss of pay, to examine and/or obtain copies of any material from the unit
member's personnel file, with the exception of material that includes ratings,
reports, or records which were obtained prior to the employment of the unit
member involved. Such preemployment materials shall be sealed and filed in
the personnel file.
- 19.4 All personnel files shall be kept in confidence and shall be available
for inspection only by the appropriate administrator of the District. The
District shall keep a log indicating the persons who have examined a personnel
file as well as the date such examinations were made. Such log and the unit
member's personnel file shall be available for examination by the unit member,
or her/his CCFT representative if authorized by the unit member. The log
shall be maintained in the unit member's personnel file. The custodians of
the personnel files engaged in routine filing of documents, shall not be
required to enter their names on such logs.
- 19.5 Each unit member shall provide the personnel office with their mailing
address which must be different from that of the college, and phone number
when available. Each unit member shall inform the personnel office of any
changes in her/his name, mailing address or phone number.
- 19.6 The District will only release information to creditors or other persons
upon proper identification of the inquirer and acceptable reasons for the
inquiry. Information then given from personnel files shall be limited to
verification of employment, length of employment and verification and disclosure
of salary range information. Release of more specific information may be
authorized in writing by the unit member.
- 19.7 Except as provided for in the California Education Code, and except
for egregious matters which do not require progressive discipline, no adverse
action of any kind shall be taken against an employee based upon materials
which are not in her/his personnel file.
- 19.8 Derogatory material which has been placed in the file, shall be sealed
after four (4) years, and thereafter shall not be used in any adverse action
against the unit member.
- 19.9 The District shall require a unit member to acknowledge the entry
of any document into her/his personnel file. This acknowledgment in no way
indicates that the unit member agrees with or admits to the material being
entered, rather it merely signifies that the unit member has had the opportunity
to review the material.