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Personnel File
When determining
discipline one should take into account [The] "employee's reasonably
recent history of promotions, commendations and the like on the one
hand and, on the other, formally adjudicated disciplinary actions as
well as instances of misconduct informally adjudicated, so to speak, by
having been previously called to the attention of and admitted by the
employee."
West New York v. Bock, 38 N.J. 500,524
(1962).
Every officer is entitled by law to a copy of his personnel file upon request. The best way to protect yourself against discipline is to be prepared prior to the disciplinary action. If you request a copy of your personnel file when you are not in trouble and do not need it, the chances are very good that you will receive a complete copy.
You can then, and are encouraged to, review your file, find any missing documents and supplement your file with the documents. If your Department is large, it is difficult for them to maintain every file. The EdPD will scan your file into its database and send you a copy of your file in PDF format. The EdPD will initially evaluate your file and make recommendations for additional materials. After the file is initially set up, it will be reviewed every three months and we will request that you send us any additional documentation that you would like to include in your file.
The Benefits of Maintaining Your Own Personnel File
You are in control. All too often the Departments hold their officers at their mercy when it comes to the contents of your personnel file. After all, do you know what is in your personnel file?
What if you want to transfer to another Department? All to often you are at the mercy of your department for the favorable interview that you will need to obtain another position with another agency. Do you trust your department to give you that favorable recommendation? Or would you rather have the ability to supply your perspective employer with a copy of your personnel file, the one that EdPD maintained on your behalf?
Little Sister to the Legal Protection Plan
The Legal Protection Plan is the most important tool an officer possesses. The EdPD is developed to assist the Legal Protection Plan and may be a vital tool to the Legal Protection Plan. By the time the officer is in the position to utilize the Legal Protection Plan the damage may already have been done. The Union Attorney relies on the contents of the officers' personnel file to defend him. It makes good sense to entrust the maintenance of your personnel file with someone who has your best interest in mind, and not the employer who's best interest is served by substantiating the charges it proffered against you.
Every
officer is
entitled by law to
copy his personnel file whenever he requests it. The EdPD realizes that
this places the officer in an awkward position and because of same, the
EdPD has an Authorization
Form
that can be filled out and handed
in to your Department to minimize your involvement. Should your
Department resist this request,
the EdPD legal team will step in to secure a copy of your file without
any further involvement
on your behalf.
Unions
are
encouraged to sign up all
their members at the same time to minimize the resistance from the
Departments. Simply fill out the sign up sheets and fax or
mail them to the EdPD, we will do the rest.