GBL - Personnel Records

Code: GBL
Adopted: Unknown
Re-adopted: 8/13/97, 3/8/06
Original Code: 5180
 

An official personnel file will be established for each person employed by the district.  Personnel files will be maintained in a central location.

Employees may receive copies of the documents contained therein by paying the cost of duplication.  This file shall contain all materials relevant to the employee’s employment and shall be the sole repository of such materials provided.  Principals may retain a working file of copies if desired and notes of oral and written reprimand.

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.  All charges resulting in disciplinary action shall be considered a permanent part of a teacher’s personnel file and shall not be removed for any reason.  Employees may submit a written response to any materials placed in their personnel file.

No material derogatory to an employee’s conduct, service, character or personality will be placed in the personnel file unless the employee has had an opportunity to review such material and an opportunity to affix his/her signature.  Materials shall be placed in the personnel file within 60 contract days after being written.  The employee will also have the right to submit a written answer to such material.  The response will be reviewed by the superintendent and attached to the file copy.

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 personnel office to inspect the contents of his/her personnel file on any day the personnel office is open for business;
  2.  Others designated in writing by the employee;
  3.  The comptroller 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 personnel office;
  8.  Attorneys for the district or the district’s designated representative on matters of district business.
  9.  The disciplinary records[1] 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.

Final evaluation of a teacher upon termination of his/her employment will be concluded prior to severance.  No documents or other material will be placed in the personnel file of such employee after severance unless subsequent legal proceedings are pursued by the employee or representative and then only if the employee is given an opportunity to review such material.

Release of personnel records to parties other than those authorized to inspect them will be only upon receipt of a court order.

Nothing in this policy is intended to interfere with employee rights pursuant to applicable collective bargaining provisions.


[1] Disciplinary records is defined as records related to a personnel discipline action or materials or documents supporting that action


Legal Reference(s)

ORS 342.850
ORS 652.750
ORS 342.143
SB 755 (2005)
 
OSEA v. Lake County School District, Case No. C-202-83, 8 PECBR 7837 (1985); rev’d, 81 Or App 623 (1986); order on remand, 9 PECBR 9501 (1987); aff’d, 93 Or App 481 (1988).
Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101-12213; 29 CFR Part 1630 (2000); 28 CFR Part 35 (2000).