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District Policies

Viewing Policy: SP 4112.6 Personnel Files



 

PERSONNEL FILES

 

 

The San Benito County Superintendent of Schools or designee shall maintain personnel files for all current employees. The County Superintendent or designee shall determine the types of information to be included, including but limited to, records required by law and shall process all material to be placed in a personnel file.

 

Placement of Material in Personnel Files

 

Any person who places written material or draft written material for placement in an employee’s file shall sign the material and signify the date of placement.

 

When an employee is asked to sign any material that is to be placed in his/her file, it is with the understanding that his/her signature signifies only that he/she has read the material and does not necessarily indicate agreement with its contents.

 

Any request by an employee to include materials in his/her personnel file must be approved by the County Superintendent or designee.

 

A certificated employee may initiate a written reaction or response to his/her performance evaluation and that response shall become a permanent attachment to the employee’s personnel file.  (Education Code 44663)

 

Derogatory Information

 

Information of a derogatory nature shall not be entered into an employee’s personnel file unless and until the employee is given notice and an opportunity to review and comment on that information.  Such a review shall take place during normal business hours.  The employee shall be released from duty for this purpose without a salary reduction.  The employee may enter his/her own comments and have them attached to the derogatory statement.  (Education Code 44031)

Persons with Authorized Access

The County Superintendent or designee shall maintain the confidentiality of any personnel records which, if inappropriately disclosed, would constitute an unwarranted invasion of the employee’s privacy.  Official employee files shall be maintained at the Department’s central office.

Access to an employee’s personnel file shall be granted only to the employee, persons authorized by the employee, Department personnel, and others with a valid “right to know” or “need to know” who are authorized access by the County Superintendent or designee.

                                                                                                                                   

PERSONNEL FILES (continued)

 

The contents of all personnel files shall be kept in strict confidence by any authorized reviewer.  Personnel files shall be reviewed and replaced within the shortest time possible.  In no case shall a personnel file be left unattended or left unsecured overnight.

 

File Review by Employee

 

Any employee wishing to inspect his/her personnel record shall contact the County Superintendent or designee.  With the exceptions noted below, all personnel records related to the employee’s performance or to any grievance concerning the employee shall be made available for inspection by the employee.  Noncredentialed employees shall have access to any numerical scores obtained as result of written examinations.  (Education Code 44031)

 

The County Superintendent or designee shall not be required to make available to the employee:  (Labor Code 1198.5, Education Code 44031)

 

  1. Records relating to the investigation of a possible criminal offense.

 

  1. Letters of reference.

 

  1. Ratings, reports or records that were obtained prior to the employee’s employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination.

 

The contents of personnel records relating to the employee’s performance or to any grievance concerning the employee shall be made available to the employee at reasonable intervals and at reasonable times.  The County Superintendent or designee shall not be required to make such records available at a time when the employee is required to render services to the Department, unless the employee is required to view the file where it is stored.  (Labor Code 1198.5; Education Code 44031)

 

The County Superintendent or designee shall do one of the following:  (Labor Code 1198.5)

 

  1. Keep a copy of each employee’s personnel records at the place where the employee reports to work.

 

  1. Make the employee’s personnel records available at the place where the employee reports to work within a reasonable period of time following an employee’s request.

 

  1. Permit the employee to inspect the personnel records at the location where the Department stores the personnel records, with no loss of compensation to the employee.

 

 

                                                                                                                                   

 

PERSONNEL FILES (continued)

 

The employee may be accompanied by a representative of the employee’s choice while reviewing the record.

 

Inspection shall take place in the presence of the County Superintendent or designee.  All reviews of personnel records shall be recorded, including the date and time the file was reviewed and the name and title of the person(s) present during the review.

 

In no instance shall any material be removed from the records.  Requests for copies of material in a personnel record must be made in writing.

Record Retention

Personnel records for current and former employees shall be retained in accordance with 5 CCR 16023.

The County Superintendent or designee shall not expunge from an employee’s personnel file, nor enter into an agreement that would authorize expunging from an employee’s personnel file, credible complaints of, substantiated investigations into, or discipline for egregious misconduct as defined in Education Code 44932.  However, such documentation may be removed if, following any hearing before any hearing officer, Commission on Professional Competence, or administrative law judge, the employee prevailed, the allegations were determined to be false, not credible, or unsubstantiated, or a determination was made that the discipline was not warranted.  (Education Code 44939.5)

Legal Reference:

EDUCATION CODE

35253 Regulations to destroy records

44031 Personnel file contents and inspection

44663 Performance appraisals and related materials

GOVERNMENT CODE

3305-3306 District police officers; personnel files

6254.3 Disclosure of home address and phone number

LABOR CODE

1198.5 Inspection of personnel files

PENAL CODE

11165.14 Report of investigation of child abuse complaint

CODE OF REGULATIONS, TITLE 5

16020-16022 Records, general provisions

16023-16027 Retention of records

ATTORNEY GENERAL OPINIONS

Cal. Atty. Gen., Indexed Letter, no. IL 75-73 (June 6, 1975)

 

 

Policy Approve: 6-13-19