5260P Procedure - Personnel Records
Location
The district shall maintain a personnel file for each of its staff members in the Human Resources Department.
Staff Member's Access to His/Her Personnel File
Any staff member has the right to examine and copy materials from and/or have copies made of his/her personnel file during regular business hours.
For purposes of this policy, an staff member’s personnel file includes:
- All job application records;
- All performance evaluations;
- All nonactive or closed disciplinary records;
- All leave and reasonable accommodation records;
- All payroll records; and
- All employment agreements.
This definition does not supersede Washington state or federal privacy laws regarding nondisclosure.
Nothing in this procedure requires the district to create a retention schedule for personnel records nor does it require the district to create personnel records.
When requested by a staff member, former staff member, or their designee, the district must provide a copy of the personnel file in accordance with the timelines established under Washington’s Public Records Act, RCW 42.56.
For purposes of this procedure, “former staff member” means a person who separated from employment within three years of the person’s request.
The superintendent or designee must be present when a staff member is given access to his/her personnel file in order to offer the staff member assistance and interpretation of material contained in the file.
The district shall establish a copy fee.
Access By Others to a Personnel File
Any person authorized by a valid court order shall have access to personnel files.
Principals and/or immediate supervisors may examine the files of staff employed in their building.
Any individual who has the written permission of a staff member may request to examine the staff member's records.
Contents of Personnel File
A personnel file may contain, but is not limited to, professional certificates, transcripts from colleges or universities, a record of previous employment, evaluations, professional assessment instruments, letters of recommendation, and copies of district contracts. All material in the personnel file must be related to the staff member's work, position, salary, or employment status in the district. Annually, a staff member may petition that the human resources office review all information in the personnel file. The personnel office shall determine if there is any irrelevant information and shall remove all such from the file. If the staff member does not concur with that material that remains, the staff member may file a statement of rebuttal or correction to be placed into the file. A former staff member retains the right of rebuttal or correction for up to two years after employment is terminated.
ADDING MATERIAL
The superintendent or designee is responsible for placing material in the proper personnel file upon receipt or origination of said material unless a different timeline is established through an applicable Collective Bargaining Agreement for the staff member. All materials placed in a personnel file should be signed and dated. When material is adverse to an employee, the person responsible for placing this material in the staff member’s file must forward a copy of the material to the staff member. Unless a different timeline is established through an applicable Collective Bargaining Agreement, any material critical of a staff member which is not shown to the staff member within 30 days after placement in the staff member’s file will not be allowed as evidence in any grievance or disciplinary action against such staff member.
Staff Member's Right to APPEAL
A staff member may appeal to the superintendent for the removal of any material placed in the staff member’s personnel file. This must be done by requesting a conference with the party involved for the purpose of examining the questioned material. If the staff member is not satisfied with the decision, the staff member may file a grievance according to district policy.