2023 - 2026 SCPDIA Memorandum of Understanding: Article 6: Employee Rights

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• 6.1 Personnel Files
• 6.2 Safety Program

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An employee shall have the right to inspect and review any personnel file or record relating to their performance as an employee which is kept or maintained by the County.  The County shall provide an opportunity for the employee to respond in writing to any information contained therein with which they disagree.  Such response shall become a permanent part of the employee's personnel file.  The employee shall be responsible for providing the written responses to be included as part of the employee's personnel file.  At their request, an employee shall be provided one copy of any document placed in the employee's personnel file.  No employee shall have any comment adverse to their interest entered in their personnel file without the employee having first read and signed the document containing the adverse comment, except that such entry may be made if after reading the document the employee refuses to sign it.  Should an employee refuse to sign, the fact shall be noted on the document. The County and Association agree that Personnel files and records are confidential. It is further understood and agreed that reference letters and background investigations are exempt from review by the employee or the Association.  Should an employee wish to have Association or a non‑Association representative review their personnel file and/or records in the employee's absence, they will provide Association or non‑Association representative with a signed letter indicating the employee's consent to have their file and/or records reviewed. The Association or non‑Association representative shall present said consent letter to the employee's Department Head or their designee prior to reviewing said employee's file and/or records.  All personnel files and records are and remain the property of the County. Each Department Head shall keep one personnel file for each employee in the Bargaining Units covered by this Memorandum of Understanding.  Time for inspection and review of such files and/or records shall be available to the employee at any reasonable time during the regular business hours of the County.

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The County has developed and the Board of Supervisors approved on February 26, 2008 (Resolution #08-0157) an Occupational Safety and Health Program in accordance with Sonoma County Administrative Policy 6-4 Safety Management Program. All hazard reports, actions and appeals shall follow the process contained in the County of Sonoma Safety Management Policy, Administrative Policy 6-4, and Sonoma County Safety Management Program, and shall not be the subject of a grievance through this MOU.

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