Removal of a reprimand in an employee’s personnel file
Opinions of the Attorney General, Informal Opinion 81-28
May a reprimand placed in an employee’s file as a result of a negotiated settlement of a disciplinary action be later removed from the employee’s personnel file?
In Informal Opinion 81-28, the Attorney General indicated that it was permissible “to clear the record of an employee who in the past misbehaved, but who since has performed well.” In this case the Village Board of Trustees wished to remove the reprimand, which the Attorney General viewed as a “legislative act.” Presumably, an appointing officer has similar authority to remove the record of discipline by “executive action”.