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Model
Library Personnel Records Policy
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| 1. |
A personnel file shall
be established for each employee. The file shall contain all
current and future references to the following materials: |
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a. |
Application
for employment |
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b. |
Time sheets
with sick day and vacation records |
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c. |
Letters
of reference |
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d. |
Letters
of recommendation and commendation |
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e. |
Disposed
disciplinary proceedings, if any |
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| 2. |
Access to
the employee’s personnel records shall be according to
the following guidelines: |
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a. |
The employee
must fill out and submit the Personnel Records Request Form. |
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b. |
The employer
shall grant at least two inspection requests by an employee
in a calendar year when requests are made at a reasonable interval,
unless otherwise provided in a collective bargaining agreement.
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c. |
The designee
will provide the employee the opportunity for inspection within
seven working days after the request, or if the employer can
reasonably show such deadline cannot be met, the employer shall
have an additional seven days. |
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d. |
The employee
will inspect the personnel record at the employer’s administrative
office during normal working hours or at another time mutually
convenient to the employer and employee. |
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e. |
Inspection
of records will be done under the supervision of an administrative
staff member. |
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f. |
Should the
employee demonstrate his or her inability to inspect his or
her personnel records in person, the employer will mail a copy
of the specified records upon request. |
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g. |
The employee
may copy material maintained in his or her personnel record.
Payment for copying shall be based on actual costs. |
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h. |
The employee
may not remove any part of his or her record from the file and
may not remove any part of the record from the administrative
office. |
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i. |
Should the
employee be involved in a current grievance proceeding against
the employer, the employee may designate in writing a representative
who has authority to inspect the records under the same rights
as the employee. |
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j. |
If the employee
disagrees with any information contained in the record, a removal
or correction of that information may be mutually agreed upon
by the employer and employee. If an agreement cannot be reached,
the employee may submit a written statement explaining his or
her position. The employer will attach the employee’s statement
to the disputed portion of the record, and the statement will
be included whenever that record is released to a third party.
Inclusion of any written statement attached to the disputed
record in a personnel file without any further comment or action
by the employer will not imply or create any presumption that
the employer agrees with the statement’s contents. |
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k. |
The employer
shall not gather or keep a record in an employee’s personnel
file of an employee’s associations, political activities,
publications, communications, or nonemployment activities, unless
the employee submits the information or authorizes the employer
in writing to keep such records; providing, however, that nothing
herein shall be construed to prohibit the employer from gathering
or keeping records concerning activities that occur on the employer’s
premises or during the employee’s working hours which interfere
with the performance of the employee’s duties or the duties
or activities of other employees, regardless of when and where
occurring, which constitute criminal conduct or may reasonably
be expected to harm the employer’s property, operations,
processes, or programs, or could, by the employee’s actions,
cause the employer financial liability. |
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l. |
When the employer receives a written request for personnel
records from a third party, the employer shall review the
requested records and, before releasing them, delete disciplinary
reports, letters of reprimand, or other records of disciplinary
actions which are more than four years old, unless the release
is ordered to a party in a legal action or proceeding.
Before the employer divulges disciplinary reports, letters
of reprimand, or records of other disciplinary action which
are less than four years old to a third party, to a party
who is party of the employerÕs organization, or to a party
who is part of a labor organization representing the employee,
the employer will provide the employee with written notice.
The notice shall be mailed to the employee’s last known
address and will be mailed on or before the day the information
is divulged to any of the aforementioned parties. No notice
is required if the employee has specifically waived written
notice as part of a written, signed employment application
with another employer, the disclosure is ordered to a party
in a legal action or arbitration, or information is requested
by a government agency as a result of a claim or complaint
by an employee, or as a result of a criminal investigation
by such agency.
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m. |
The right
of an employee or employee’s representative to inspect
personnel records does not extend to : |
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1) |
Letters of reference
for that employee. |
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2) |
Any portion of a test
document, except that the employee may see a cumulative total
test score for either a section of or the entire test document.
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3) |
Materials relating to
the employer’s staff planning, such as matters relating
to the employer’s development, expansion, closing, or operational
goals, where the materials relate to or affect more than one
employee, provided, however, that this exception does not apply
if such materials are, have been, or are intended to be used
by the employer in determining an individual’s qualifications
for employment, promotion, transfer, or additional compensation,
or in determining an individual’s discharge or discipline.
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4) |
Information of a personal
nature about a person other than an employee if disclosure would
constitute a clearly unwarranted invasion of the other person’s
privacy. |
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5) |
Records relevant to
any other pending claim between the employer and employee which
may be discovered in a judicial proceeding. |
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6) |
Investigatory or security
records maintained by the employer to investigate criminal conduct
by an employee or other activity by the employee which could
reasonably be expected to harm the employer’s property,
operations, process, or programs, or could by the employee’s
activity cause the employer financial liability, unless and
until the employer takes adverse personnel action based on information
in such records. |
XYZ
Public Library Personnel Records Request Form
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download this policy document to modify for your locale, right
click here and select “Save target as….” |
|
Requestor’s Name: __________________ Date of Request:________
Phone Number:_________ Address:__________________________
Description of Records ____________________________________
_______________________________________________________
_______________________________________________________
Library Response (Requestor does not fill in
below this line)
Approved:
( ) You may inspect the records at ____________________ on the
date of _____________. (Under section 2 of the Personnel Record
Review Act, the employer has seven business days to comply.)
( ) The documents will be made available to you upon payment of
copying costs in the amount of $_____ (pursuant to section 3 of
the Act).
( ) The documents you requested are enclosed (upon demonstration
by the employee that he/she is unable to review the records in person,
pursuant to section 2 of the Act).
Denied:
( ) Request delayed for the following reasons:_______________________
(pursuant to section 2 of the Act, the employer has an additional
seven days to comply if reason for the delay is reasonable).
( ) The requested materials are exempt under section 10 of the
Personnel Records Review Act for the following reasons:______________________________.
Individual that determined request is to be denied:_____________________.
Personnel Officer:___________________ Date of Reply:_______________
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