§ 16-216. Official personnel records.

(a)

Official Custodian. The Director of Human Resources Management shall be the official custodian of all employee personnel files and of all records and documents contained in each such file.

(b)

Maintenance and Disposition.

(1)

An official personnel file shall be established and maintained by the Director of Human Resources Management for each former and current County employee. Each such employee personnel file shall contain all records and documents relating to employment from initial appointment through final termination of County employment. Consistent with the provisions of Section 16-197 and any other applicable law or regulation, the Director of Human Resources Management shall develop personnel procedures providing for the designation and maintenance of all employment records and documents in each employee personnel file as either temporary records or permanent records. Said personnel procedures shall further provide for the disposal of temporary records and the retention of permanent records.

(c)

Verification of Information.

(1)

The Director of Human Resources Management may, for the purpose of assisting a former or current employee in establishing credit or upon the inquiry of an employer of a former or current employee, verify any such employee's full name, date of employment, class, title and salary.

(d)

Inspection of Files.

(1)

An employee's personnel file may be inspected by the following persons:

(A)

The employee in interest;

(B)

Any person to whom the employee in interest has given prior written authorization;

(C)

The present appointing authority and supervisor of the employee in interest;

(D)

The Personnel Board as necessary for the proper performance of the duties and responsibilities of the Personnel Board;

(E)

The County Auditor, as necessary for the proper performance of the duties and responsibilities of the County Auditor;

(F)

The County Director of Finance, as necessary for the proper performance of the duties and responsibilities of the County Director of Finance;

(G)

The County Equal Employment Opportunity Officer for purposes of investigating appeals to the Personnel Board wherein discrimination is alleged pursuant to the provisions of Section 16-203(a)(7); and

(H)

Any other person who has been specifically authorized by law to inspect such files.

(2)

In any event where any person described in paragraph (d)(1), above, except for the employee in interest, has inspected any employee's personnel file, any such person shall, thereafter, maintain all information acquired as a result thereof in a confidential manner and shall not divulge or make available in any other manner any of said information to any person.

(3)

In any event where the employee in interest inspects said employee's own personnel file, as provided under paragraph (d)(1), above, said employee shall be entitled to file a signed statement for inclusion in said file where the employee finds that any information contained therein is inaccurate, incomplete, or not being maintained in accordance with applicable law if the employee is not otherwise able to have said information corrected under the supervision of the Director of Human Resources Management.

(4)

Any person, other than the employee in interest, a person authorized by the employee in interest, the Director of Human Resources Management, or a person acting on behalf of the Director of Human Resources Management, who reviews or examines a personnel file shall be required to record the person's name, authority to review this personnel file, and date of review on a form which shall be maintained in the personnel file. A copy of the form shall be forwarded to the employee within five business days. In the event that the personnel file of an employee who is the subject of a criminal investigation conducted by a law enforcement agency is reviewed pursuant to a subpoena or of an employee who is the subject of an administrative investigation concerning the employee's conduct pursuant to Section 16-193, the Director of Human Resources Management shall forward a copy of the form to the employee within five business days after the subpoena allows disclosure or after ninety days of the examination by the appointing authority conducting an administrative investigation. If any person, including the employee in interest, a person authorized by the employee in interest, the Director of Human Resources Management or appointing authority, or a person acting on behalf of the Director of Human Resources Management examines a personnel file, the date of examination, reason for examination, and identity of the person examining the file shall be recorded in one or more logs maintained by the Director of Human Resources Management. The entry into a personnel file by staff assigned to the Personnel Office whose job function requires regular access to such files for the purposes of routine filing of records and/or verifying or updating information is not required to be logged.

(e)

The official personnel file includes any file that contains documents relating to employment with the County, including, but not limited to, application, resumes, documentation of disciplinary actions and related appeals, performance ratings and counseling forms, processed employee actions, supervisor's report of injury, job-related letters of commendation, training certificates, service awards, job-related personal information, and personal information provided by the employee, such as emergency telephone numbers and next of kin designations. Preemployment physical examination or fitness for duty examination reports and evaluations, records of required vaccinations or related waivers, infectious disease exposure reports, and benefit election and designation forms shall be maintained separately and in a manner that protects the confidentiality of medical information relating to the employee. No unofficial file shall be maintained without the express knowledge of the employee.

(CB-1-1976; CB-83-1996; CB-22-2000; CB-91-2003)