Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts
©2018 (c) Liebert Cassidy Whitmore
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Under no circumstances is the employee or the employee’s designee permitted to add or
remove any document or other item from the employee’s personnel file during the
inspection. However, if after the inspection of the employee’s personnel file the
employee believes that any portion of the material contained in the personnel file has
been mistakenly or unlawfully placed in the personnel file, the employee may request, in
writing, that the mistaken or unlawful portion be corrected or deleted. This request must
also state all reasons supporting the request for corrections or deletions. Within 30
calendar days of receipt of this request, the District will notify the employee in writing of
its decision whether to grant or deny the employee’s request for corrections or deletions.
In the event the District denies the employee’s request in whole or in part, the District’s
written response shall state the reasons for the denial of the request. The request and
statement of reasons supporting the request will become part of the employee’s personnel
file whether or not the District agrees with the employee’s requested corrections or
deletions. Similarly, the District’s written response granting or denying the request shall
be placed in the employee’s personnel file.
6)
No officer shall have any comment adverse to his or her interest entered into his
personnel file without the officer having first read and signed the document containing
the adverse comment indicating that he or she is aware of such comment, except that such
entry may be made if after reading such document the officer refuses to sign it. Should
the officer refuse to sign the document that fact shall be noted on the document and
signed or initialed by such officer.
7)
An officer shall have 30 days in which to file a written response to any adverse comments
entered into his or her personnel file. Such a written response shall be attached to, and
shall accompany, the adverse comment.