Personnel files will be maintained in the personnel office for all employees as provided by law. The superintendent and all supervisors are directed to ensure that all appropriate employment-related information is submitted to the file. Employees will be provided all procedural protections as provided by law.
A. RECORDS MAINTAINED
The following records must be maintained in the personnel file:
• evaluation reports made by the administration;
• commendations for and complaints against the employee (see subsection B);
• written suggestions for corrections and improvements made by the administration;
• certificates;
• employee’s standard test scores;
• employee’s academic records;
• application forms; and
• other pertinent records or reports.
Any pre-employment data or other information obtained about an employee before his or her employment by the Wilkes County Board of Education will be kept in a separate file and will not be made available to the employee.
Medical information, including health certificates, will be maintained in confidential files separate from personnel files. Drug test results also will be kept in the medical file, except that drug use or alcohol use contrary to Board of Education policy or law also may be documented in the personnel file.
Consistent with the North Carolina General Statutes, the superintendent shall maintain in his office a personnel file for each employee of the Wilkes County Board of Education. Separate files containing pre-employment data or other information obtained about an employee before his employment by the Board may be kept in a file separate from his personnel file and need not be made available to the employee. Certification files may be maintained independently of the other files for ready reference.
It is the policy of the Wilkes County Board of Education to respect and protect the privacy of all of its employees. Accordingly, no person or organization shall be allowed access to confidential information in personnel files except as by law provided. No Wilkes County Board of Education member, employee or agent shall be allowed access to confidential information in personnel files unless that access directly relates to the specific duties or responsibilities of the person requesting that information. Any person desiring information contained in personnel files shall make a request for that information directly to the superintendent or his designee.
Every employee, applicant for employment, former employee, or his properly authorized agent may examine his own personnel file at all reasonable times in its entirety except for pre-employment data or other information obtained about the employee before his employment by the Board.
B. PLACEMENT OF RECORDS IN PERSONNEL FILE
All evaluations, commendations, complaints or suggestions for correction or improvement must be placed in the central office personnel file after the following requirements are met:
• The comment is signed and dated by the person making the evaluation, commendation, complaint or suggestion.
• The supervisor has attempted to resolve the issue raised in a letter of complaint and documentation of such efforts is attached with the supervisor’s recommendation to the superintendent as to whether the complaint contains any invalid, irrelevant, outdated or false information. All written complaints must be submitted regardless of whether the supervisor considers the complaint to be resolved.
• The employee has received a copy of the evaluation, commendation, complaint or suggestion five days before it is placed in the file.
The supervisor is expected to use good judgment in determining when documents should be submitted to the file immediately and when a delay is justified, such as a plan of improvement that is frequently revised. However, all evaluations, commendations, complaints or suggestions for correction or improvement should be submitted by the end of the school year or in time to be considered in an evaluation process, whichever is sooner. The supervisor or principal should seek clarification from the superintendent as necessary to comply with this policy.
The employee may offer a denial or explanation of the evaluation, commendation, complaint or suggestion, and any such denial or explanation will become part of his or her personnel file provided it is signed and dated.
The superintendent may exercise statutory authority not to place in an employee’s file a letter of complaint that contains invalid, irrelevant, outdated or false information or a letter of complaint where there is no documentation of an attempt to resolve the issue.
C. ACCESS TO PERSONNEL FILE
Every employee will have the right during regular working hours to inspect his or her personnel file, provided three working days notice is given to the personnel office.
Access to a personnel file may be permitted to the following persons without the consent of the employee about whom the file is maintained:
The superintendent's designees for personnel shall be the records managers for the personnel files and shall be responsible for maintaining their confidentiality. Staff members may be assigned as records managers to perform such duties as are necessary, including granting or denying access to the records on the basis of personnel regulations.
• Those school officials, including the Board of Education attorney, involved in the evaluation process of the individual and the school Board of Education, if the examination of the file relates to the duties and responsibilities of the Board of Education.
• The case manager in a demotion or dismissal procedure regarding the employee.
No other person may have access to a personnel file except under the following circumstances:
• When an employee gives written consent to the release of his or her records. The written consent must specify the records to be released and to whom they are to be released. Each request for consent must be handled separately; blanket permission for release of information will not be accepted.
• When subpoenaed or under court order.
• When the Board of Education has determined and the superintendent documented that the release or inspection of information is essential to maintaining the integrity of the Board of Education or the level of quality of services provided by the Board of Education.
D. PUBLIC INFORMATION
All personnel information that is classified as public records may be disclosed in accordance with applicable laws. Unless an employee submits a written objection to the personnel office, the Board of Education also may make the following information available about each employee as part of an employee directory:
• address;
• telephone number;
• photograph;
• participation in officially recognized activities and sports; or
• degrees and awards received.
Employees will be notified of their right to object before any such directory is compiled or revised.
E. REMOVAL OF RECORDS
An employee may petition the Board of Education to remove any information from his or her personnel file that the employee deems invalid, irrelevant or outdated.
Legal References: G.S. 115C-36, -47(18), -319 to -321, -325(b)
Cross References: Petition for Removal of Personnel Records (policy 7821)
Adopted: January 9, 2006