Name That Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

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S AMPLE L AW E NFORCEMENT P ERSONNEL F ILE I NSPECTION P OLICY

The ___________ Community College District Police Department will maintain an official personnel file in which all personnel information and documents which the Department wishes to keep regarding employees and which are required by law will be maintained. In no case shall an employee have the right to inspect records relating to the investigation of a possible criminal offense, letters of reference or ratings, reports or records that were: (1) obtained before the employee’s employment with the District; (2) prepared by identifiable examination committee members and (3) obtained in connection with a promotional exam.

This section for law enforcement only:

[ In responding to background investigations and reference checks, pursuant to Government Code section 1031.1, the Department will only consider the contents of the official personnel file in considering its response to such a request pursuant to Government Code section 1031.1.]

1) An employee wishing to inspect his/her personnel file may only do so between the hours of 9:00 a.m. and 5:00 p.m. Monday through Thursday (Holidays excluded).

2) An employee wishing to inspect his/her personnel file must submit a written request for an appointment with the [custodian] at least 24 hours in advance. The [custodian] will then notify the employee of the date and time of the inspection in writing. The employee will not be required to wait more than 72 hours from the time the request was made to inspect his/her file. 3) In the event the employee wishes to have another person/representative inspect his or her personnel file, the employee must provide the person/representative with written authorization at least 24 hours in advance. The [custodian] will then notify the employee of the date, time and place of the inspection in writing. It is the employee’s responsibility to notify the person to whom the employee has given written authorization to review the employee’s personnel file of the date, time and place of the inspection.

4) An employee wishing to inspect his/her file may request to do so during usual business hours, with no loss of compensation to the officer.

5) The Department shall have an official monitor of the employee’s inspection or the employee’s designee’s inspection of the employee’s personnel file while it is being reviewed. Under no circumstances shall the employee or the employee’s designee remove the personnel file or any of its contents from the area designated by the Department during the inspection. Should the employee desire copies of any documents located in his/her personnel file, the Department will have the documents copied within 72 hours of the request.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 115