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Article 5 - Personnel File

A. Each campus shall maintain, for official University purposes, one (1) official personnel file for each unit member. This file shall be kept under conditions that insure its integrity and safekeeping and shall contain copies of personnel forms, official correspondence to and/or from the unit member, written evaluations and other appropriate material relating to the unit member's employment. Unit members shall be informed by the University of the location of the official personnel file. A supervisor's personal notes regarding the employee, equal opportunity complaints including supporting documentation, and records relating to grievances and/or arbitrations, are specifically excluded from the official personnel file except as otherwise provided by Article 15, Paragraph E(4).

Handling of sensitive documents which are prepared for retention in the official personnel files should occur with regard for the subject employee's concern for appropriate privacy and the University's proper interests. No information or material from the official personnel file shall be released to any outside person, organizations or institutions without the prior written permission of the unit member.

Excluded from this requirement is any release of information that is specifically required by statute or governmental regulation, subpoena or other court orders; however, should such information be provided, the bargaining unit member will be timely informed of what specific information is being provided and to whom such information is released, unless such notification is contrary to the statute, regulation, subpoena or court order.

B. Unit members shall be sent a copy of all material henceforth placed in the file at the same time as it is placed in the file. Anonymous, unattributed or inappropriate material shall not be placed in the file. A unit member shall have the right to submit a written response to any material placed in the personnel file. This written response shall then be filed and attached to the appropriate file material. Any correspondence addressed to a unit member that is to be placed in the personnel file shall be sent to the unit member "cc: Personnel File."

C. Unit members shall have the right to examine their file in the presence of the file's custodian, or that individual's designee, during the normal business hours of the office in which the file is kept. A unit member may obtain copies of any material in the personnel file. Access shall be permitted and copying accomplished during the normal business hours of the office in which the file is kept. The unit member may be required to pay five (5) cents per page of copying.

D. Unit members are encouraged to periodically review their file. It shall be the responsibility of each unit
member to annually update the personnel file including any relevant professional accomplishments.

E. A unit member may indicate in writing to the file's custodian those materials which the unit member considers inappropriate to be retained. The materials shall be reviewed by the file's custodian and shall be removed from the file if adequate justification is shown for their removal.

F. In a specific personnel action no use may be made of any material which has not been properly and timely placed in the official personnel file with the exception of recommendations regarding a specific personnel action by reviewing individuals or bodies which shall be placed in the personnel file as soon as a decision is reached in the specific action.

G. The file shall be available to authorized committees and individuals responsible for the review and recommendation of a unit member with respect to, any personnel actions.

H. The Association or duly designated representative shall have access to a unit member's personnel file providing written authorization has been granted by the unit member to the custodian of the files. The Association or the duly designated representative shall be subject to the same rules on access and copying that are applicable to the unit member.

I. The Association agrees to indemnify and hold the Board harmless from and against any liability for any claim of improper, illegal or unauthorized use by the Association, or a duly designated representative, of information contained in the personnel file.

J. If the Association requests material relevant to a grievance that did not accompany the grievance, the University will make a reasonable effort to provide relevant material that is in its possession unless provision of such material is deemed by the University to be violative of its responsibility under 1 MRSA S401-410.

K. Materials relating to a bargaining unit member's evaluation and any other sensitive information pertaining to a unit member's employment shall be treated with appropriate safeguards which respect the employee's privacy. Appropriate safeguards include measures such as envelopes, folders, and secure electronic files.