(a) Employment History or Personnel Files.
(1) The Finance Director or designee will maintain the City's official personnel files.
(2) An official personnel file of each City employee will contain information that can legally be the basis for employment-related decisions including hiring, firing, promotion, demotion, pay increase/decrease, layoff, training and all other actions taken regarding employees. Files may include, but are not limited to:
A. The employee's application of employment
B. Test results and interview notes for positions held
C. The record of pre-employment references
D. Copies of required, job-related licensure or certification documentation
E. Job description for the employee's position
F. Performance evaluations
G. Documentation of training received
H. Employment-related awards or honors
I. Disciplinary actions
J. Employee rebuttals to performance evaluations and/or disciplinary actions
K. Documents summarizing employment status or position including letters of resignation or application for other positions within the City
L. Documents establishing rates of pay and fringe benefits (except where such document contains employee medication information)
M. Emergency contract information
N. Work permits for minors
O. I-9 Immigration and Naturalization form
P. Signed and unsigned requests for references and copies of reference letters sent
Q. Filing status and number of exemptions claimed for tax purposes
(3) Employees are responsible for submitting written updates of the following information to the Finance Director or designee as soon as possible following a change so that the City has accurate and up-to date information at all times:
A. Name
B. Residential address and telephone number
C. Marital status
D. Work permits or other authorization to work in the United States
E. Military status
F. Emergency contact information
G. Filing status and number of exemptions claimed for tax purposes
H. Current information on dependents and beneficiaries of City-sponsored health or life insurance policies, as applicable
(4) With the exemption of information determined by statue to be confidential (e.g. Social Security Number), personnel file are public documents and subject to inspection by the public.
In accordance with federal and state laws, some information and documents are removed prior to inspection and are not subject to inspection by the public. Including but not limited to:
A. Employee Medical Information and social security numbers;
B. Trial preparation records, attorney work product, correspondence seeking legal advice from the Law Director and confidential information assembled by law enforcement officials in connection with a probable or pending criminal proceeding;
C. Residential and familial records of any City employee and peace officer photographs;
D. Records of which the release is prohibited by state or federal law;
E. Infrastructure records that disclose the configuration of the City's critical systems, such as computer systems or security codes.
The files with the above-noted information will be maintained and stored in a secure, confidential location.
(b) Medical Records.
(1) For purposes of this policy, a "medical record" is defined as any document or combination of documents that pertains to or reveals information about an employee's medical history, diagnosis, prognosis, or medical condition.
(2) The City will take all lawful actions to protect and maintain the privacy of medical records including disciplining employees who inappropriately release or reveal confidential medical information.
(3) Medical records may be released only in the following circumstances:
A. Supervisors may be informed of restrictions and accommodations that are a part of an agreed-upon plan of reasonable accommodations
B. First aid and safety personnel may be informed of medical information on file if an employee requires emergency medical treatment
C. Government officials investigating compliance with the law may be provided with relevant medical information
D. Officials processing and investigating worker's compensation claims may be provided with relevant medical information
(c) Payroll Records. Payroll records will be maintained in accordance with City, state and federal laws and regulations and generally recognized accounting principals and practices.
(d) Review of Personnel File by Employee.
(1) Employees wishing to review the contents of their personnel file must contact the Finance Director or designee to schedule an appointment with a department representative who will accompany the employee while he/she reviews the file.
Personnel files may not be removed from the Finance Department.
(2) Employees may request a copy of any document contained in their personnel file. The Finance Director or designee will be responsible for supplying the document copies in a reasonable period of time which is determined by the quantity and complexity of the documents requested.
Employees may be required to pay the City's established rate for copying documents.
(3) An employee challenging the inclusion, or validity, of a document in his/her personnel file may submit a written request to the Finance Director or designee asking for the document to be corrected, revised or removed.
A. The Finance Director or designee will respond in writing to the employee's request and take any action deemed appropriate
B. In the event the employee's request is denied, his/her written request will be included in the personnel file.
(e) Public Requests to Review Personnel Files.
(1) Members of the public (including prospective employers of past or current employees) wishing to review an employee's personnel file may do so in accordance with the City's procedures and in the presence of the Finance Director or his/her designee or a representative of the Law Department.
(2) In order to ensure the dissemination of accurate information, written or oral requests to verify the employment of past and current employees are to be forwarded to the Finance Director or his/her designee.
(f) Retention of Personnel Files. The City has adopted a Schedule of Records Retention and Disposition establishing the timeframe and method for retaining and/or disposing of the City's official personnel files. (Ord. 12-2013. Passed 4-9-13.)