MORRISON
AND MARY WILEY LIBRARY PERSONNEL RECORDS POLICY
3/5/07
1. A
personnel file shall be established for each employee. The file shall contain
all current and future references to the following materials:
Application
for employment
Time
sheets with sick day and vacation records
Letters
of reference
Letters
of recommendation and commendation
Disposed
disciplinary proceedings, if any
2. Access to
the employee’s personnel records shall be according to the following
guidelines:
The
employee must fill out and submit the Personnel Records Request Form.
The
Morrison and Mary Wiley shall grant at least two inspection requests by an
employee in a calendar year when requests are made at a reasonable interval,
unless otherwise provided in a collective bargaining agreement.[1]
The
Head Librarian will provide the employee the opportunity for inspection within
seven working days after the request or if the Head Librarian can reasonably
show such deadline cannot be met, the employer shall have an additional seven
days.[2]
The
employee will inspect the personnel record at the Morrison and Mary Wiley’s office
during normal working hours or at another time mutually convenient to the
employer and employee.
Inspection
of records will be done under the supervision of the Head Librarian.
Should
the employee demonstrate his or her inability to inspect his or her personnel
records in person, the employer will mail a copy of the specified records upon
request.[3]
The
employee may copy material maintained in his or her personnel record. Payment for copying shall be based on actual
costs.[4]
The
employee may not remove any part of his or her record from the file and may not
remove any part of the record from the office.[5]
MORRISON
AND MARY WILEY LIBRARY PERSONNEL RECORDS POLICY (CONT.)
Should the employee be involved in a
current grievance proceeding against the Morrison and Mary Wiley Library, the employee
may designate in writing a representative who has authority to inspect the
records under the same rights as the employee.[6]
If
the employee disagrees with any information contained in the record, a removal
or correction of that information may be mutually agreed upon by the Morrison
and Mary Wiley Library and the employee. If an agreement cannot be reached, the
employee may submit a written statement explaining his or her position. The Head
Librarian will attach the employee’s statement to the disputed portion of the
record and the statement will be included whenever that record is released to a
third party. Inclusion of any written
statement attached to the disputed record in a personnel file without any
further comment or action by the Head Librarian will not imply or create any
presumption that the Morrison and Mary Wiley Library agrees with the
statement’s contents. [7]
The
Morrison and Mary Wiley Library shall not gather or keep a record in an
employee’s personnel file of an employee’s associations, political activities,
publications, communications or non- employment activities, unless the employee
submits the information or authorizes the Head Librarian in writing to keep
such records; providing, however, that nothing herein shall be construed to
prohibit the Morrison and Mary Wiley Library from gathering or keeping records
concerning activities that occur on the Morrison and Mary Wiley Library’s
premises or during the employee’s working hours which interfere with the
performance of the employee’s duties or the duties or activities of other
employees, regardless of when and where occurring, which constitute criminal
conduct or may reasonably be expected to harm the Morrison and Mary Wiley
Library’s property, operations, processes or programs, or could, by the
employee’s actions, cause the Morrison and Mary Wiley Library financial
liability.[8]
When
the Morrison and Mary Wiley Library receives a written request for personnel
records from a third party, the Head Librarian shall review the requested
records before releasing them, delete disciplinary reports, letters of
reprimand or other records of disciplinary actions which are more than four
years old, unless the release is ordered to a party in a legal action or
proceeding.[9]
Before
the Morrison and Mary Wiley Library divulges disciplinary reports, letters of
reprimand or records of other disciplinary action which are less than four
years old to a third party, to a party who is party of the Morrison and Mary
Wiley Library’s organization or to a party who is part of a labor organization
representing the employee, the Morrison and Mary Wiley Library will provide the
employee with written notice The notice
shall be mailed to the employee’s last known address and will be mailed on or
before the day the information is divulged to any of the aforementioned
parties. No notice is required if the
employee has specifically waived written notice as part of a written, signed
employment application with another employer, the disclosure is ordered to a
party in a legal action or arbitration or information is requested by a
government agency as a result of a claim or complaint by an employee or as a
result of a criminal investigation by such agency. [10]
MORRISON
AND MARY WILEY LIBRARY PERSONNEL RECORDS POLICY (CONT.)
3. The right of an employee or employee’s
representative to inspect personnel records does not extend to[11]:
Letters
of reference for that employee
Materials
relating to the Morrison and Mary Wiley Library’s staff planning, such as
matters relating to the
Morrison and Mary Wiley Library’s development, expansion, closing or
operational goals, where the materials relate to or affect more than one
employee, provided, however, that this exception does not apply if such
materials are, have been or are intended to be used by the Morrison and Mary
Wiley Library in determining an individual’s qualifications for employment,
promotion, transfer or additional compensation or in determining an
individual’s discharge or discipline.
Information of a
personal nature about a person other than an employee if disclosure
would constitute a clearly
unwarranted invasion of the other person’s privacy.
Records relevant
to any other pending claim between the Morrison and Mary Wiley
Library and employee which may
be discovered in a judicial proceeding.
Investigatory or
security records maintained by the Morrison and Mary Wiley Library to
investigate criminal conduct
by an employee or other activity by the employee which could reasonably be
expected to harm the Morrison and Mary Wiley Library’s property, operations,
process or programs or could by the employee’s activity cause the Morrison and
Mary Wiley Library financial liability, unless and until the Morrison and Mary
Wiley Library takes adverse personnel action based on information in such
records.