The Superintendent/Principal shall maintain personnel files for all current employees. All personnel files are confidential and shall be available only to the employee, persons authorized by the employee and those authorized by the Superintendent/Principal. Official employee files shall be maintained at the district office. The Superintendent/Principal shall determine the types of information to be included and shall process all material to be placed in a personnel file.
(cf. 4141/4241 - Collective Bargaining Agreement)
The contents of all personnel files shall be kept in strict confidence by any authorized reviewer.
(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)
(cf. 9011 - Disclosure of Confidential/Privileged Information)
(cf. 9321 - Closed Session Purposes and Agendas)
(cf. 9321.1 - Closed Session Actions and Reports)
Personnel files shall be reviewed and replaced within the shortest time possible. In no case shall a personnel file be left unattended or left unfiled overnight.
Placement of Material in Personnel Files
Any person who places written material or drafts 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 Superintendent/Principal.
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)
(cf. 4115 - Evaluation/Supervision)
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)
(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 4117.4 - Dismissal)
(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
(cf. 5141.4 - Child Abuse Reporting Procedures)
File Review by Employee
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 Superintendent/Principal shall not be required to make such records available at a time when the employee is required to render services to the district, unless the employee is required to view the file where it is stored. (Labor Code 1198.5; Education Code 44031)
The Superintendent/Principal 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
2. 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
3. Permit the employee to inspect the personnel records at the location where the district stores the personnel records, with no loss of compensation to the employee
Any employee wishing to inspect his/her personnel record shall contact the Superintendent/Principal.
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 Superintendent/Principal 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
2. Letters of reference
3. 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
(cf. 4112.41/4212.41/4312.41 - Employee Drug Testing)
(cf. 4112.62/4212.62/4312.62 - Maintenance of Criminal Offender Records)
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 Superintendent/Principal. 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.
File Review by Management and Board
Management personnel or district legal counsel with a valid "right to know" or "need to know" may, with the Superintendent/Principal's authorization, review an employee's personnel file.
(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged Information)
Board members are not individually allowed to request and access personnel files but the Board may request pertinent information from an employee's file in cases of personnel action.
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)
Regulation LOS OLIVOS SCHOOL DISTRICT
approved: April 12, 2004 Los Olivos, California