Employee evaluations, medical information and personnel files shall be confidential and privileged with controlled access with the employee having certain vested rights over such evaluations, medical information and personnel files as follows in addition to rights guaranteed by applicable State and Federal statutes:
(a) The Chief of Police and Village Administrator shall maintain the personnel files in locked cabinets on the employees in their respective departments, and shall be the sole individuals responsible for monitoring access to such files and maintaining records of such access. The record of access shall be kept in the employee file and include the date, purpose and signature of each person viewing such file.
(b) The employee shall be given a copy, upon request, of any information in his/ her personnel file by the Chief of Police or Village Administrator, whichever is applicable, within twenty-four hours, or in the case of new material being added to the file, prior to its placement.
(c) Employees shall have the right to view any material in their own personnel files and, where they disagree with an evaluation, reprimand or other document, attach a written statement outlining their areas of disagreement and note such attachment on the original document.
(d) Within the Village government, only the Chief of Police, Village Administrator and Mayor shall have unrestricted viewing access to personnel files on employees and contracted individuals under their authority.
(e) Employee evaluations, medical information and personnel files shall not be opened to viewing by individuals other than those exercising administrative authority over the employee without the express written consent of the employee or contracted individual.
(1) Requests by other persons to view such records shall be in writing to the Chief of Police or Village Administrator, whichever appropriate, and state the purpose of the request.
(2) Upon receipt of a written request to view an employee's file the Chief of Police or Village Administrator shall in writing notify the Mayor, Fiscal Officer, and the employee and enclose a photocopy of such request.
The employee has the right to:
A. Be present at the viewing at an agreed upon time during the normal Village business hours;
B. Waive, in writing, his/her right to be present; or
C. Refuse, in writing, to grant access to his/her file.
Such notification shall advise the employee that should they not respond within ten working days it shall be deemed that consent to release has been granted.
(3) The Chief or Administrator, whichever applicable, shall in writing notify the appropriate persons of the time and place of a scheduled viewing, or in the case of refusal by the employee to grant access, notify the requesting party of the denial.
(Ord. 87-34. Passed 1-5-88.)