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GBL - Personnel Records

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Code: GBL
Adopted: 6/20/17
Revised/Readopted: 11/17/20; 3/8/22
Orig. Code: GBL 

An official personnel file will be established for each person employed by the ESD. Personnel files will be maintained in a central location.

All records containing employee medical condition information such as workers’ compensation reports and release or permission to return to work forms will be kept confidential, in a separate file from personnel records. Such records will be released only in accordance with the requirements of the Americans with Disabilities Act or other applicable law.

The superintendent will be responsible for establishing procedures regarding the control, use, safety and maintenance of all personnel records. Employees will be given a copy of evaluations, complaints and written disciplinary actions placed in their personnel file. All charges resulting in disciplinary action shall be considered a permanent part of the teacher’s personnel file and shall not be removed for any reason. Employees may submit a written response to any materials placed in their personnel file.

Except as provided below, or required by law, ESD employees’ personnel records will be available for use and inspection only by the following:

  1. The individual employee. An employee may arrange with the Human Resource’s office to inspect the contents of their personnel file on any day the Human Resource’s office is open for business;

  2. Others designated by the employee in writing may arrange to inspect the contents of the employee’s personnel file in the same manner described above;

  3. The comptroller or auditor, when such inspection is pertinent to carrying out their respective duties, or as otherwise specifically authorized by the Board. Information so obtained will be kept confidential. No files will be removed from their central location for personal inspection;

  4. A Board member when specifically authorized by the Board. Information will be kept confidential. No files will be removed from their central location for personal inspection;

  5. The superintendent and members of the central administrative staff designated by the superintendent;

  6. ESD administrators and supervisors who currently or prospectively supervise the employee;

  7. Human Resources Employees;

  8. Attorneys for the ESD or the ESD’s designated representative on matters of ESD business;

  9. Upon receiving a request from a prospective employer issued under Oregon Revised Statute (ORS) 339.374(1)(b), the ESD, pursuant to ORS 339.378(1), shall disclose the requested information if it has or has had an employment relationship with a person who is the subject of the request, no later than 20 days after receiving such request. The records created pursuant to ORS 339.388(8)(c) are confidential and are not public records as defined in ORS 192.311. The ESD may use the record as a basis for providing the information required to be disclosed about an employee under ORS 339.378(1);

  10. Upon request from a law enforcement agency, the Oregon Department of Human Services, the Teacher Standards and Practices Commission, or the Oregon Department of Education, in conducting an investigation related to suspected abuse or suspected sexual conduct, to the extent allowable by state and federal law, including laws protecting a person from self-incrimination;

  11. Upon request from a prospective employer or a former employee, authorized ESD officials may disclose information about a former employee’s job performance to a prospective employer and such disclosure is presumed to be in good faith. Presumption of good faith is rebutted by showing the information disclosed was knowingly false or deliberately misleading, was rendered with malicious purpose or violated any civil right of the former employee protected under ORS 659 or ORS 659A.

The superintendent may permit persons other than those specified above to use and to inspect personnel records when, in their opinion, the person requesting access has a legitimate official purpose. The superintendent will determine in each case the appropriateness and extent of such access.

Release of personnel records to parties other than those listed above, will be in-line with the Board policy KBA - Public Records. The ESD will attempt to notify the employee of the request and that the ESD believes it is legally required to disclose certain records.

1 Includes former employees.

END OF POLICY

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