Personnel Records
Code: GBL
Adopted: 1/04/07
Readopted: 10/14/10
Orig. Code(s): GBL
The superintendent shall establish procedures for the use of personnel records of district employees which assure confidential use of such records.
Except as provided in paragraph three hereof and as may otherwise be required by law, personnel records of district employees shall be available for use and inspection by the following only:
- The employee.
- The employee’s designee.
- A member of the board when relevant to personnel actions then under consideration by the entire board or as specifically authorized by the board.
- Members of the superintendent’s immediate staff.
- Employees of the human resources department as designated by the executive director of human resources.
- District administrators who shall have access only to the files of their employees or prospective employees.
- Courts and public agencies with the power of subpoena and attorneys for the district when relevant to the performance of their respective duties.
- 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 shall 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.
- 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 school official permitting use or inspection shall restrict access and use to the extent necessary for the performance of such official purpose. The school official permitting access shall determine in each case
the appropriateness and extent of such access. The superintendent and members of his/her staff may permit persons other than those specified in paragraph two to use and inspect employee records when, in the opinion of such school official, the person requesting access has a legitimate official purpose for using or inspecting such records.
All persons using personnel files for approved purposes shall sign and date a log located at the front of each employee’s file. Human resources department employees shall be exempted from this requirement. A copy of these provisions shall be placed conspicuously on all personnel file cabinets in such a manner as to be obvious to all persons who desire to use such files.
The human resources department shall be responsible for maintaining systematic, complete and current files for all personnel of the district, as appropriate.
END OF POLICY
[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
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).
