Code: GBL
Adopted: 1/8/07
Personnel Records
An official personnel file will be established for each person employed by the district. Personnel files will be maintained in a central location.
All records containing employee medical condition information such as workers’ compensation reports and release/permission to return to work forms will be kept confidential, in a separate file from personnel records. Such records will be released only in accordance with the requirements of the Americans with Disabilities Act or other applicable law.
The superintendent will be responsible for establishing regulations regarding the control, use, safety and maintenance of all personnel records. Employees will be given a copy of evaluations, complaints and written disciplinary actions to be placed in their personnel file. Employees may submit a written response to any materials placed in their personnel file.
Except as provided below, or required by law, district employees’ personnel records will be available for use and inspection only by the following:
1. The individual employee. An employee or designee may arrange with the human resource office to inspect the contents of his/her personnel file on any day the human resource office is open for business;
2. Others designated in writing by the employee;
3. The chief financial officer or auditor, when such inspection is pertinent to carrying out his/her respective duties, or as otherwise specifically authorized by the Board. Information so obtained will be kept confidential. No files will be removed from their central location for personal inspection;
4. A Board member when specifically authorized by the Board. Information will be kept confidential. No files will be removed from their central location for personal inspection;
5. The superintendent and members of the central administrative staff;
6. District administrators and supervisors who currently or prospectively supervise the employee;
7. Employees of the human resource office;
8. Attorneys for the district or the district’s designated representative on matters of district business.
9. The disciplinary records1 of a district employee convicted of a crime listed in ORS 342.143 are not exempt from disclosure under ORS 192.501 or 192.502 and may be released to any person upon request. Prior to the release of disciplinary records the district shall remove any personally identifiable information from the record that would disclose the identity of a child, a crime victim or a district employee who is not the subject of the disciplinary record.
10. Upon request from a law enforcement agency, the Department of Human Services or the Teachers Standards and Practices Commission, a district shall provide the records of investigations of suspected child abuse by a district employee.
The superintendent may permit persons other than those specified above to use and to inspect personnel records when, in his/her opinion, the person requesting access has a legitimate official purpose. The superintendent will determine in each case the appropriateness and extent of such access.
Release of personnel records to parties other than those authorized to inspect them will be only upon receipt of a court order.
END OF POLICY
Legal Reference(s):
ORS 342.850
ORS 652.750
ORS 342.143
ORS 339.370 - 339-375
OSEA v. Lake County Sch. District, 93 Or. App. 481 (1988).
Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213; 29 C.F.R. Part 1630 (2006); 28 C.F.R. Part 35 (2006).