ADMINISTRATIVE RULE NO: 6095-01
RELATED TO POLICY SERIES NO: 6095
TITLE: PERSONNEL RECORDS
To clarify the contents of, access to, and retention of employee personnel records.
BARGAINING UNIT EMPLOYEES
Management of personnel records for employees who are subject to collective bargaining agreements shall be governed by the respective agreements; failing such provisions, Board policies and/or administrative rules shall apply.
CONTENTS OF PERSONNEL RECORDS
Individual personnel files are established and maintained by Human Resources for all LBCC employees. The contents of the employee personnel file may include: initial employment application materials, training/education records, instructor approvals, supervisory commendations, disciplinary action memos, performance appraisals, position descriptions, and/or personnel action forms indicating promotion, transfer, separation, retirement, leave of absence, etc.
No information reflecting critically upon an employee shall be placed in the employee's personnel file that does not bear the signature/initials of the employee or an acknowledgement of receipt.
If the employee is unavailable within a reasonable period of time to sign the material, Human Resources may place the material in the file, provided a copy of the document has been mailed to the employee's address of record.
If the employee believes the critical information is incorrect or is a misrepresentation of facts, the employee shall be entitled to prepare a written explanation or opinion regarding the prepared material. This shall be included as part of the employee’s personnel record until the material is removed.
ACCESS TO PERSONNEL RECORDS
Accessibility to employee personnel files shall be limited to:
- the employee,
- the employee's official representative with employee's signed written authorization,
- the employee's immediate supervisor and higher level supervisor in direct administrative line of authority,
- representatives of Academic Affairs for the purpose of determining instructor qualifications; and
- Human Resources staff as part of assigned duties.
Employees may review their personnel files by contacting Human Resources.
Personnel files may not be removed from Human Resources; however, employees may request and be provided with copies of information contained in the file.
With the exception of information that is considered public, LBCC shall not disclose from official records personally identifiable information about any employee without explicit written authorization from the individual, except in the following circumstances:
- In response to a request to provide or verify information designated by the institution as directory information, which shall be limited to the fact of past or present employment, dates of employment, and title(s) or position(s).
- In response to a request by a properly identified law enforcement authority to provide an employee’s dates of attendance at work and home address;
- To protect the legal interest of the institution when the institution believes an employee or former employee may have engaged in illegal activities;
- To a law enforcement authority when the institution reasonably believes an employee or former employee may have engaged in illegal activities;
- Pursuant to a federal, state or local government statute or regulation that specifically requires disclosure of certain information to certain parties;
- To an agent or contractor of the institution such as a management consultant, government contractor, etc., provided that only such information is disclosed as necessary for such agent or contractor to perform his/her function for the institution and the agent or contractor is prohibited from disclosing the information:
- In response to a lawfully issued administrative summons or judicial order, including a search warrant or subpoena;
- In compelling circumstances affecting the immediate health or safety of the individual, i.e., health records, disabilities, etc.
RETENTION OF PERSONNEL RECORDS
Employee personnel records shall be retained according to the guidelines established by the state archivist under Oregon Revised Statute 192.105 and Oregon Administrative Rule (166) 450-0090.
Records which have been the subject of an employee grievance settled by the decision of the employer, an arbitrator, or the court, such records may be removed before the expiration date.
The retention schedule shall be suspended and the records kept intact:
- upon receipt of a charge of discrimination under the Federal Equal Employment Opportunity Act;
- upon receipt of a request by the state auditor or attorney general;
- by order of the court;
- upon receipt of notification of impending litigation; or
- when it can reasonably be assumed that the possibility of litigation exists.
Materials attached to, and part of a document, shall carry the same retention period as the document itself.
DATE OF ADOPTION: 08/13/84
DATE(S) OF REVISION(S): 08/14/07; 1/12/12; 11/9/17
DATE OF LAST REVIEW: 01/12/12; 11/9/17