Spring Clean Your Personnel File or Mold Can Grow and Harm You Later

If you’re in NYC, and a UFT member, then you should know that anything derogatory in your personnel file, that’s older than three years old, can be removed. This is as long as it’s not used in 3020-a termination charges later and sustained.

A few years back, my school administration, with the help of many NYCDOE directors and lawyers, attempted to fill my personnel file with derogatory material to be used against me. Three years later, I went through it and removed everything I could. NYCDOE Labor Relations agreed to take out even negative observations. In fact, despite a full out assault, my personnel file looks pretty darn clean right about now. Will it stay clean Hopefully. Another post coming soon about recent developments.

New York State Education Law 3020-a states that “charges must be brought within three years of the occurrence of the alleged, unless the act was criminal.”

Again, I never post information telling educators, who are guilty of egregious crimes, how to avoid proper adjudication. What I want to say is this…”IF YOU’RE A TARGET, DOE LEGAL WILL USE EVERYTHING THEY CAN TO GET YOU.” 

Although a 3020 – a hearing officer should not allow anything older than three years old into the case, you never know. It’s always best to nip it in the bud and take out any ammunition they may have against you. Members tell me about their hearings and how some of these arbitrators allow this material in anyway. 

Also very important is to make sure nothing you never saw or signed be placed in there. One teacher only saw alleged derogatory support reports when they checked their file. They were unsigned, unseen and still used against them. To me it was an obvious attempt for administration to bolster their case against them. “Oh yeah, we tried to support this teacher. See these retorts we just printed and stick in the file. Careful, the ink is still drying.

Email your administration, and copy the office secretary, asking for a time to review your file. Make copies of whatever you want and ask that anything that you find, older than three years old, be removed. They should not deny your request. 

Good luck and don’t delay.

About Francesco Portelos

Parent and Educator fighting for the student and the teacher.
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  2. Francesca Lujan

    Thank you.

  3. I have an old U rating (5 years old) in my file with several letters to file attached to it. The letters are all frivolous in nature and amount to nothing of importance. I’m seeking to have them removed but was told (by the UFT) I cannot do so because the u rating is considered disciplinary. Is this true What should I do about this

    • Francesco Portelos

      UFT is incorrect. Was it used in a 3020-a hearing against you You should file a grievance.

      • No it was not used in a 3020a. I an going to a step 2 Grievance tomorrow to try to have them removed. My own district rep said they can’t be removed. How do I proceed

        • you really think portelos can help you LOL!!

          • Get a new hobby Rooster, we’ll all be dead in 40-60 years. “Thou shalt not bear false witness against they neighbour.” – live your life that way and keep your lies to yourself. Portelos does help people. Even if he didn’t, he tries to. What are you doing to help humanity?

        • Francesco Portelos

          Sally, email district rep and tell them that two weeks ago a grievant for grievance OLR 177509 had their files removed with the same situation.

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