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Effective July 1, 2014 through June 30, 2017

This contract is an agreement between Association of College Educators, AFT Local 6554 and West Valley-Mission Community College District.

Article 106 Associate Member Personnel Files

106.1

An associate member’s official personnel file shall be maintained by the District Human Resources Department and contain the official employment record of the individual.

106.2

Associate members shall have the right to examine all material (except those obtained prior to employment) contained within the official personnel file.  When the business hours of the Human Resources Department will not permit the member to inspect their personnel files during non-working hours, the member may contact the Associate Vice-Chancellor of Human Resources, who shall arrange for a time when the member may review the file.

106.3

Upon written request, Associate members from Mission College may request that a confidential employee from the Human Resources Department coming from West Valley College deliver the requester’s personnel file to Mission College.  The Associate member may then review the personnel file in the presence of a confidential employee.

106.4

Information from the official personnel file shall not be released without the Associate member’s consent unless compelled by law, judicial order, or subpoena or, authorized District or public agency officials having legitimate business that justifies such inspection in the sole discretion of the Associate Vice-Chancellor of Human Resources.

106.5

Associate members may, in writing, authorize a representative to have access to, and to review their official personnel file. In so authorizing, the Associate member agrees to indemnify and hold harmless the District from any and all claims, demands, suits or any other actions arising from such access or review.

106.6

The District shall retain as confidential all pre-employment materials or other data as exempted by law, e.g., materials obtained or prepared prior to employment.  Such materials include, but are not limited to, recommendation letters and pre-employment interview materials.

106.7

Anonymous materials shall not be placed in the personnel file.

106.8

Information of a derogatory nature shall not be entered or filed unless or until the Associate member is given notice and an opportunity to review.  The Associate member shall have the right to enter, and have attached to any such derogatory statement, the Associate member’s written comments.

106.9

Where an Associate member believes any record or portion is inaccurate, not relevant, timely or complete, the Associate member may request correction of the material. Requests for correction of materials shall be in writing and include a justification.  The written request shall, at the option of the Associate member, be included in the official personnel file. Materials involving performance appraisal and official procedures shall not be deleted, may, where justified, be corrected.

106.10

The District shall retain after resignation, retirement or dismissal only those records required by law.

Reference: Education Code §87031