Article XIII - Personnel Files

Article I - Agreement
Article II - Recognition
Article III - Definitions
Article IV - Negotiation Procedures
Article V - Non-Discrimination
Article VI - Association Rights
Article VII - Academic Freedom
Article VIII - Professional Dues or Fee & Payroll Deductions
Article IX - Grievance Procedure
Article X - Leaves
Article XI - Employee Rights
Article XII - Working Conditions
Article XIII - Personnel Files
Article XIV - College Calendar
Article XV - Holidays
Article XVI - Appointment of Faculty
Article XVII - Unit Vacancies
Article XVIII - Reassignments
Article XIX - Evaluation of Faculty
Article XX - Due Process
Article XXI - Reduction in Force
Article XXII - Workload
Article XXIII - Salary
Article XXIV - Reduced Workload
Article XXV - Other Duty and Compensation
Article XXVI - Additional Duty Assignment
Article XXVII - Employee Benefits
Article XXVIII - Travel
Article XXIX - Department Chairperson
Article XXX - Retiree Benefits
Article XXXI - Miscellaneous
Article XXXII - Public Charges
Article XXXIII - Unit Stability
Article XXXIV - Statutory Changes
Article XXXV - Savings Clause
Article XXXVI - District Rights
Article XXXVII - No Strike, No Lockout
Article XXXVIII - Completion of Meet and Negotiation
Article XXXIX - Faculty Service Areas
Appendix A - Faculty Salary Schedules
Appendix B - Co-Curricular Activities
Appendix C - Advising, Counselor/Librarian Hours & Stipends
Appendix D - Side Letter - Access to Personnel File
Appendix E - Criteria for Academic Reduction in Force
Appendix F - Family Care Leave
Appendix G - Lecture Equivalancy Hours - Athletics
Appendix H - Retiree Fringe Benefit
Appendix I - Approved Academic Calendar
Exhibit 1 - Non-Contractual Memorandums of Understanding

13.1	Materials in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the inspection of the person involved.

	13.1.1	Such material is not to include ratings, reports, or records which (1) were obtained prior to the employment of the person involved, (2) were prepared by identifiable Examination Committee members, or (3) were obtained in connection with a promotional examination.

	13.1.2	Every employee shall have the right to inspect such materials upon request, provided that the request is made at a time when such person is not actually required to render services to the employing District.

	13.1.3	Information of a derogatory nature, except material mentioned in Section 13.1.1 of this Article shall not be entered or filed unless and until the employee is given notice and an opportunity to review and comment thereon. An employee shall have the right to enter, and have attached to any such derogatory statement, his own comments thereon. Such review shall take place during normal business hours, and the employee shall be released from duty for this purpose without salary reduction.

13.2	There shall be only one (1) official personnel file for each faculty member as opposed to pre-employment, promotional and/or payroll files. This file shall be locked in the Administration offices on the campus. Representatives of the Association shall have access to said personnel file with the faculty members' written authorization. Faculty members' files may be inspected only by those, as specified in a side letter, having an official right for doing so, or those having authorization of the faculty member.

13.3	Any derogatory material placed in a faculty member's file must be dated and signed and a copy shall be given to the faculty member prior to the time of insertion in the personnel file.

13.4	A faculty member shall have the right to file an answer to any material submitted for inclusion in his file and such answer shall be attached to the file copy.

13.5	After five (5) years the employee may request the removal of material from the file. If requested, the material will be removed from the official personnel file and will be maintained in a separate dead file; and will not be utilized for District business or personnel decisions unless relevant to protect the District in legal proceedings. This separate dead file may also be utilized to store pre-employment and promotional documents which are not accessible to the employee -- however, any other material in the dead file will be accessible to the employee if it is withdrawn from the dead file.

13.6	The employee's representative, with the employee's written consent, may review the official personnel file, or the personnel section of the dead file, if it is withdrawn.

13.7	A "side letter of authorization" is made part of this Agreement by Appendix D.


Gavilan College, 5055 Santa Teresa Blvd. Gilroy CA 95020 (408) 848-4888		This page was last updated April 5, 2008.