Using an employee personnel files to determine an appropriate disciplinary penalty Bigelow v Trustees of the Village of Gouverneur, 63 NY2d 470 Perhaps the leading case concerning the use of an employee's personnel records in disciplinary procedures is the Court of Appeals' decision in Bigelow v Trustees of the Village of Gouverneur In Bigelow, the Court of Appeals held that if a civil service employee is found guilty of misconduct, a public employer may consider material included in the employee's personnel files in determining the appropriate sanction. The employee, however, must first be advised of the information in his or her personnel record that the appointing authority will consider in determining the penalty and then must be given an opportunity to submit a written response concerning that information.
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