APPLICABILITY & PURPOSE

This Personnel Management Regulation (PMR) defines rules for the management, confidentiality, access, and release of personnel records and files.

CONTENTS

46.1 Official Personnel File
46.2 Notifying County of Changes in Personal Information
46.3 Employee Access to Personnel File
A. Inspection of File
B. Copies
46.4 Medical Information
A. Separate Confidential Files
B. Information in Medical Files
C. Access to Medical Information
46.5 Requests for References and Release of Information in Personnel Files
A. Public Information
B. Reference Checks
C. Reference Checks for Peace Officers
46.6 Supervisor’s Working Folder
APPROVAL

FORMS AND ATTACHMENTS

46.1 Official Personnel File

The County maintains an official personnel file for each employee in the Human Resources Department. The employee’s department may maintain a duplicate file. An employee’s personnel file will contain material that is necessary and relevant to the administration of the County’s personnel program and the employer-employee relationship. Personnel files are the property of the County and access to the information they contain is restricted. An employee will possess or be given a copy of any document placed in his or her official personnel file, as maintained in the Human Resource Department.

46.2 Notifying County of Changes in Personal Information

A. Each employee is responsible to promptly notify the employee’s supervisor and department administration of any changes in relevant personal information, including:

1. Mailing address;

2. Telephone number;

3. Persons to contact in an emergency;

4. County E-mail address; and

5. County or safety-related cell phone number.

46.3 Employee Access to Personnel File

A. Inspection of File. An employee may inspect his or her own official personnel file or department file or authorize inspection in writing by another person, at reasonable times and at reasonable intervals. An employee who wishes to review his or her file should contact the Human Resources Department or his or her department head to arrange an appointment. The review must be done in the presence of a Human Resources Department employee or department head designee.

B. Copies. On request, an employee is entitled to receive a copy of any employment-related document he or she has signed. An employee who wishes to receive such a copy should contact the Human Resources Department. On request, the County will also provide an employee single copies of any other documents in his or her official personnel file. The County may charge a reasonable fee for the copies.

46.4 Medical Information

A. Separate Confidential Files. All medical information of an employee or applicant is kept separately and is treated as confidential, in accordance with applicable State and federal laws, including HIPPA.

B. Information in Medical Files. The County will not obtain medical information about an employee or applicant except in compliance with the California Confidentiality of Medical Information Act and HIPPA. To enable the County to obtain certain medical information, the employee or applicant may need to sign an Authorization to Release Medical Information Form (PMR 46 - Form 1).

C. Access to Medical Information. Access to employee or applicant medical information will be strictly limited to only those with a legitimate need to have such information for County business reasons. In the case of an employee with a disability, his or her manager and supervisor may only be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations. The County will not provide employee or applicant medical information to a third party (except as permitted under the California Confidentiality of Medical Information Act) unless the employee signs an Authorization for Release of Employee Medical Information on the form the County provides. The County will release only the medical information that is identified in the employee’s authorization. If the employee’s authorization indicates any limitations regarding the use of the medical information, the County will communicate those limitations to the person or entity to whom or to which it discloses the medical information.

46.5 Requests for References and Release of Information in Personnel Files

A. Public Information. Upon request, the County will release to the public information about its employees as required by the Public Records Act. The County will not disclose personnel information that it considers would constitute an unwarranted invasion of personal privacy.

B. Reference Checks. All requests from outside the County for reference checks or verification of employment concerning any current or former employee must be referred to the Human Resources Department. Information will be released only if the employee signs a Consent to Release Employment Information Form (PMR 46 - Form 2) or its equivalent; however, no such authorization form is needed for release of the following limited information: (1) job title, (2) dates of employment, and (3) salary upon departure or current salary range when verifying employment for a loan. Department heads and supervisors will not provide information in response to requests for reference checks or verifications of employment, unless specifically approved by the Human Resources Department on a case-by-case basis. Departments are authorized to verify current employment for loan applications provided they have a release form signed by the employee.

C. Reference Checks for Peace Officers. Background checks of peace officers will be conducted in compliance with Government Code Section 1031.1.

46.6 Supervisor’s Working Folder

Supervisors are encouraged to maintain notes about employee performance throughout the year in a working folder or day planner, in order to provide the highest quality feedback and to remember occurrences and situations which are relevant to job performance. Because employee evaluation cycles are annual, this information usefulness expires after 14 months or after the evaluation covering that period, whichever is later, and will be disposed of in a manner appropriate for confidential information. This information, exclusively for the use of the supervisor in the performance of his or her responsibilities, is not available for view by employees unless required by the Public Safety Officers’ Procedural Bill of Rights.

APPROVAL

Effective Date: January 2005
Revisions No. : 0
Prepared By: Laura Armor

Approved: ss/Steve Kinsey, President, Board of Supervisors