13.1 Definitions

13.1.1 Evaluator – A person designated by the District Superintendent as primarily responsible as the official evaluator. The evaluator shall not be a member of any bargaining unit.

13.1.2 Reviewer – The immediate supervisor of the evaluator or a person designated by the District Superintendent. The reviewer shall not be a member of the bargaining unit.

13.1.3 Probationary Unit Member – A new unit member who is appointed for a trial period of twelve (12) months.

13.1.4 Permanent Unit Member – A unit member who has met the requirements of a probationary trial period.

13.1.5 Days – For purposes of this Article days are days when the employee is scheduled to work.

13.2 Timing

The District management shall evaluate all bargaining unit members no less than once every other work year.

13.2.1 Probationary Unit Members

Probationary unit members will be evaluated within sixty (60) days and again within six (6) working months of the date of employment.

13.2.1.1 A unit member who receives a promotion to a new classification will be evaluated during the first six (6) working months of the new assignment as a probationary unit member in that assignment. This shall not be interpreted to affect a unit member’s permanent status in the District.

13.2.1.2 All probationary unit members will be evaluated at least three (3) times before the first anniversary of the date of their employment.

13.2.2 Permanent Unit Members

All permanent unit members will be evaluated using the formal District evaluation document at least every other year, to be completed no later than June 1. Ongoing evaluative communications concerning performance appraisals and annual evaluations are permissible at any time.

13.2.3 Evaluation Document

A copy of the completed evaluation, signed by the evaluatee and evaluator, shall be placed in the unit member’s file at the District Office.

13.2.4 Consultation/Forms

The District will not change evaluation forms without first consulting with the Association. The formal evaluation document is attached as Appendix C.

13.3 The Review Process

13.3.1 A unit member who receives an overall unsatisfactory performance evaluation may request that the evaluation be reviewed. Such a request must be made 39

within ten (10) days of the date that the unit member receives the evaluation. The request must be made in writing and state the reasons for the review on each rating.

13.3.2 The reviewer shall investigate and discuss the evaluation with both the unit member and the evaluator.

13.3.3 The reviewer shall attach a statement indicating “agreement” or “disagreement” with the evaluation. Copies will be sent to the unit member, the evaluator, and the Human Resources Office.

13.3.4 If the reviewer disagrees with the evaluation, the rating may be changed. A written statement shall be attached to the evaluation by the reviewer indicating the area(s) of disagreement.

13.3.5 Insofar as the evaluation rating is concerned, the decision of the reviewer to alter or not to alter, shall be conclusive.

13.4 Final Evaluation

An evaluation shall be final and binding and not subject to the grievance procedure. Evaluations are to be objective and based on specific and ascertainable facts. A failure to follow evaluation procedures as set forth in this Article is, however, grievable.

13.5 Right of Rebuttal

The evaluatee has the right to submit a written reaction or response to the evaluation within fifteen (15) days of the date the unit member received such evaluation. Such response shall become a permanent attachment to the copy of the evaluation in the unit member’s personnel file. If such response is filed within fifteen (15) days of the written evaluation, the evaluation document may be modified or corrected accordingly. This process may alter the final document before it is inserted in the personnel file.

13.6 Association Role

Nothing in this Article will prevent a unit member from receiving advice and counsel from the exclusive bargaining representative concerning evaluation procedures.

13.6.1 A participating consultant for the evaluatee and/or the evaluator may be present during a review of the evaluation.

13.7 Personnel Files

Personnel files of all unit members shall be maintained at the District's Central Administrative Office. Files kept by a unit member's supervisor shall not contain permanent material.

13.7.1 Inspection of Files

13.7.1.1 The District shall keep a log indicating the persons who have requested to examine a personnel file as well as the date such request was made. Access to personnel files shall be limited to the involved unit member, to those persons so authorized by the unit member in writing and to those administrators and Human Resources Office staff so authorized by the Superintendent. Board members may request the review of a unit member’s file. Such a review must be in connection with a closed session of the entire Board. The contents of all personnel files shall be kept in the strictest confidence. 40

13.7.1.2 A unit member who wishes to inspect his/her personnel file may do so at a time when s/he is not required to render services to the District, so long as the inspection is scheduled seventy-two (72) hours in advance by giving notice to the Deputy Superintendent, Human Resources/designee, and setting a mutually agreeable time for the inspection.

13.7.1.3 Information of a derogatory nature shall not be entered or filed unless and until the unit member 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.

13.7.1.4 The person or persons who draft material to be placed in a unit member’s personnel file shall sign the material and signify the date on which such material is drafted.

13.7.1.5 Upon written authorization by the unit member, an Association representative shall be permitted to examine and/or obtain copies of materials in such unit members personnel file.