8320 - PERSONNEL RECORDS

Cedar Springs Public School District

Administrative Guidelines

8320 - PERSONNEL RECORDS

Certain information concerning District employees is confidential, to be reviewed on a need-to-know basis and only under conditions which guarantee protection of both management's right to access information and the employee's right to unnecessary invasion of privacy. Most information in the personnel files, however, is not confidential and is available for inspection in accordance with State law.

Initial Employment

Upon employment, each employee is to submit for the:

A.	Personnel File

	1.	a completed employment application form

	2.	a copy of certification, if applicable

	3.	transcripts, if applicable

	4.	completed "right to know" forms

B.	Payroll File

	1.	W-4 forms

	2.	retirement registration

	3.	completed forms for life and disability insurance without the medical examination portion

	4.	completed annuity forms

	5.	payroll deduction authorization

	6.	accumulated sick leave, if applicable

	7.	I-9 forms

C.	Confidential File

	1.	applications for health insurance

	2.	record of a recent physical examination

	3.	history of any medical treatment/conditions

	4.	criminal history record check

	5.	results of drug tests

Professional staff members shall also be responsible upon employment, for providing a complete transcript of their education and records of all prior teaching experience.

All information concerning employees' health status, including mental or physical examinations and treatments are to be kept in a confidential file. Access is limited to the employee, the employee's supervisor, the Superintendent and other central office administrators who have a supervisory relationship to the employee, and others authorized by law.

Contents

During the period of employment the following data shall be maintained in personnel files:

	A.	current correct name, address, and telephone number

	B.	current data on education completed, including transcripts of all academic work

	C.	an accurate record of work experience

	D.	proof of fulfillment of requirements for change in salary classification

	E.	current data pertaining to certificates required by the State

	F.	record of assignments


	G.	proof of discharge from military service

	H.	rate of compensation

	I.	completed evaluations

	J.	disciplinary incidents

	K.	special awards or distinctions

	L.	letters and other correspondence received concerning a staff member, providing the correspondence is relevant to his/her employment

The following information shall not be included in the personnel file:

	A.	Employee references supplied to an employer if the identity of the person making the reference would be disclosed.

	B.	Materials relating to the employer�s staff planning with respect to more than one (1) employee, including salary increases, management bonus plans, promotions and job assignments.

	C.	Medical reports and records made or obtained by the employer if the records or reports are available to the employee from the doctor or medical facility involved.

	D.	Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other person�s privacy.

	E.	Information that is kept separately from other records and that relates to an investigation by the employer pursuant to section 9 of Section 423.509.

	F.	Records limited to grievance investigations which are kept separately and are not used for the purposes provided in this subdivision.


	G.	Records maintained by an educational institution which are directly related to a student and are considered to be education records under Section 513(a) of title of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g.

Records kept by an executive, administrative or professional employee that are kept in the sole possession of the maker of the record, and are not accessible or shared with other persons. However, a record concerning an occurrence or fact about an employee kept pursuant to this subparagraph may be entered into a personnel record if entered not more than six (6) months after the date of the occurrence or the date the fact becomes known.

Employees who wish to review their own personnel file shall:

	A.	request access in writing;

	B.	review the record in the presence of the administrator designated to maintain said records or designee;

	C.	make no alterations or additions to the record nor remove any material therefrom;

	D.	sign and date a log attached to the file.

Employees who wish copies of material in their personnel file shall:

	A.	request copies in writing;

	B.	pay a copying fee as determined annually by the Human Resources Director .

Employees wishing to appeal material in their record shall make a request in writing to the Human Resources Director and specify therein:

	A.	name and date;

	B.	materials to be appealed;

	C.	reason for appeal.

The Superintendent shall hear the appeal and make a determination within ninety (90) days of the appeal in accordance with law.

If the appeal does not resolve the disagreement, the employee may submit a written statement, not to exceed five pages of 8 1/2" by 11" paper, explaining the employee�s position. This written statement shall be kept in the employee�s file.

The Human Resources Director shall maintain a written record of any persons other than the employee who have had access to each employee's file.

Although most information in personnel files is a matter of public record, only verification of employment should be provided by telephone request. Any other information about an employee should be requested in writing or in person, and addressed to the District Records Officer (DRO). Prior to releasing any information from a personnel file to a requesting party, the file is to be reviewed and any disciplinary reports, letters of reprimand, or other disciplinary action more than four (4) years old are to be deleted. If any disciplinary reports are to be released, a written notice is to be sent to the employee on or before the day the information is released. Neither the deletions referred to above nor the written notice is necessary if the release is ordered in a legal action or arbitration. Further, deleting disciplinary records more than four (4) year old and providing written notice will not apply to requests for records of unprofessional conduct under M.C.L.A. 380.1230b. (M.C.L.A. 423.510 states "this act shall not be construed to diminish a right of access to records as provided in Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Complied Laws, or as otherwise provided by law.")