Privacy Issues in the Community College Workplace

 Enter a notation indicating date and time of employee’s inspection.

Some states expressly require employees to submit a written form requesting access to their personnel files. The purpose of such a requirement is to identify the requesting individual and to avoid disclosure to ineligible individuals. Even though California does not expressly provide for this requirement, employers should maintain records of requests to inspect personnel files together with detailed information concerning the inspection. For example, the records custodian should record the time the inspection occurred and identify which documents were reviewed and copied. The custodian may also wish to obtain from the requesting employee a signed statement that the inspection occurred. Detailed records concerning the inspection of personnel files will provide evidence of an employer’s compliance with the access statutes. 4. C ONTROLLING I NTERNAL A CCESS TO P ERSONNEL F ILES Employers have a duty to see that information contained in an employee’s personnel file or supervisor’s desk folder is not disclosed to others in the agency in ways that are unfair to the employee. For example:

 Personnel and payroll records should only be available internally to authorized users on a need-to-know basis.  Security records or records relating to security investigations should be maintained apart from other records, but access need not be given to the employees unless the information is incorporated into their personnel files or is used for discipline, termination, promotion or evaluation.  Medical records used for work restrictions and life and health insurance records should be kept confidential. These records should not be made available for use in any employment decision.  Records of work-related insurance compensation, disability, sick pay should be available internally only to authorized recipients on a need-to-know basis.

B. T HIRD P ARTY A CCESS TO P ERSONNEL A CTIONS , R ECORDS , AND F ILES

1. B ROWN A CT The Ralph M. Brown Act (Brown Act), Government Code section 54950 et seq ., (significantly amended in 1994 – see the Liebert Cassidy Whitmore workbook on “The Brown Act” for current law) requires public agency governing boards and commissions to meet in public to take official action, unless an exception exists. One such exception exists in Government Code section 54957. This section allows public agencies, including community college districts, to meet in closed session to consider the appointment, employment, evaluation of performance, or dismissal of a public employee. The Brown Act also provides that any employment action taken in closed

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