A. Personnel Files. The Director shall maintain a personnel file for each employee and officer in the service of the City showing the name, title of position held, the department to which assigned, salary, changes in employment status and such other information as may be considered pertinent. Materials maintained in such personnel files which serve as a basis for affecting the employment status are to be made available for the inspection of the individual involved. Employees have the right to inspect such materials upon request and scheduling as provided by Administrative Procedure. Information of a derogatory nature shall not be entered or filed unless the employee is provided copy thereof and an opportunity to respond. An employee shall have the right to comment on any such derogatory information and the comments shall be stapled to the information. No information shall be disclosed from the personnel file of a current or former employee, unless written permission from the employee is provided in a form approved by the Director, other than that information allowed by law, as set forth by Administrative Procedure, to any person other than the City Manager, Assistant City Manager, Director, City Attorney, a department head only upon the approval of the Director, or their designated representatives. The personnel files of the City Manager and City Attorney shall be available to individual City Councilmembers for review upon request to the Director. Nothing herein shall preclude nor specifically deny the use of any pertinent information in personnel files in any phase of a disciplinary action. Notwithstanding anything hereinabove to the contrary, pre-employment background investigation files or information, or information relating to any investigation by another public agency into possible criminal activity of an employee shall not be considered part of the employee’s personnel file and shall not be available to any person except as determined by the City Manager.
B. Personnel Transactions. Every transaction, including but not limited to, appointment, transfer, promotion, disciplinary action, change of pay or any other temporary or permanent change in status of employees shall be recorded by the Director in such manner as may be prescribed by this chapter and a copy of such change shall be provided to the employee.
C. Destruction of Records. Destruction of personnel records shall be carried out in accordance with the provisions of the California Government Code relative to destruction of records.
D. Removal of Counseling Memoranda from Personnel Files. Memoranda regarding employee performance counseling shall be removed from an employee's personnel file three (3) years after the date of such memoranda provided that no additional counseling memoranda on the same or related performance issue are filed in the personnel file within such three (3) year period.
(Res. No. 143 95-96, Res. No. 113-07)