The Superintendent or designee 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 or designee. Official employee files shall be maintained at the district's central office. The Superintendent or designee shall determine the types of information to be included and shall process all material to be placed in a personnel file.
(cf. 3515.3 - District Police/Security Department)
Personnel records for current and former employees shall be retained in accordance with 5 CCR 16023. The contents of all personnel files shall be kept in strict confidence by any authorized reviewer.
(cf. 3580 - District Records)
(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 supervisor or administrator who places written material or drafts written material for placement in an employee's file shall sign the material and indicate the date of the placement.
When an employee is asked to sign any material that is to be placed in his/her file, he/she shall be informed that the signature only signifies that he/she has read the material and does not necessarily indicate that he/she agrees with its contents.
Any request by an employee to include materials in his/her personnel file must be approved by the Superintendent or designee.
An employee may initiate a written reaction or response to his/her performance evaluation. The response shall be permanently attached to the evaluation and placed in the employee's personnel file.
(cf. 4115 - Evaluation/Supervision)
(cf. 4215 - Evaluation/Supervision)
(cf. 4315 - 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. 4112.9 - Employee Notifications)
(cf. 4117.4 - Dismissal)
(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
(cf. 5141.4 - Child Abuse Prevention and Reporting)
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 or designee 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 or designee shall 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. (Labor Code 1198.5)
Any employee wishing to inspect his/her personnel record shall contact the 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; Labor Code 1198.5)
The Superintendent or designee shall not be required to make available to the employee: (Education Code 44031; Labor Code 1198.5)
1. Records related 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 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.
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 or designee'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.
(cf. 9011 - Disclosure of Confidential/Privileged Information)
(cf. 9321 - Closed Session Purposes and Agendas)
(cf. 9321.1 - Closed Session Actions and Reports)
Legal Reference:
EDUCATION CODE
35253 Regulations to destroy records
44031 Personnel file contents and inspection
44663 Performance appraisals and related materials
GOVERNMENT CODE
3305-3306.5 District police officers; personnel files
6250-6270 California Public Records Act, especially:
6254 Exemption for personnel records if invasion of personal privacy
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
COURT DECISIONS
Marken v. Santa Monica-Malibu Unified School District, (2012) 202 Cal.App.4th 1250
Bakersfield City School District v. Superior Ct. (2004) 118 Cal.App.4th 1041
ATTORNEY GENERAL OPINIONS
Cal. Atty. Gen., Indexed Letter, no. IL 75-73 (June 6, 1975)
Regulation NEWPORT-MESA UNIFIED SCHOOL DISTRICT
approved: February 12, 2013 Costa Mesa, California