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

the names of the interviewers from the rating sheets to allow disclosure. The Court held that the plaintiff’s proposed solution was inadequate for three reasons: (1) since the comments are in the interviewers’ own handwriting, plaintiffs may recognize their writing; (2) the possibility that the wording of some of the comments would in and of itself provide a clue to the drafter’s identity; and lastly, (3) some interviewers made their comments on the examination forms themselves presumably in reliance on the promised confidentiality. 263 In Board of Trustees, etc. v. Superior Court, 264 an employee sought discovery of the entire contents of his own personnel file. The University refused to produce written references and statements made by third parties under a guarantee of confidentiality. The Court of Appeal held that the University should make appropriate deletions and produce all such documents which could be so produced without divulging the identity of the third parties who had been guaranteed confidentiality. The Court reached this result by balancing the employee’s right of access under Labor Code section 1198.5 against the interest in maintaining the confidentiality of such statements. 2. T HE R IGHT TO R EVIEW D EROGATORY I NFORMATION : E DUCATION C ODE S ECTION 87031 Education Code section 87031 guarantees community college employees the right to inspect information in their personnel files that may serve as a basis for affecting the status of their employment. a. Notice of Intent to Enter Derogatory Information Community college employees have a right to be notified before any “information of a derogatory nature” is entered into an employee’s personnel records. 265 Written materials or notations applicable to an employee’s performance or conduct may be gathered into a “supervisor’s folder” until a decision is made to place derogatory information in the employee’s personnel file. The employee should be notified in writing of the decision to enter derogatory material into the personnel file (e.g. issue a written reprimand that references and attaches the derogatory information). b. Opportunity to Review and Comment on Derogatory Information The Education Code guarantees community college employees an opportunity not only to review but also to attach their own comments to any derogatory statement in their personnel file. 266 The notification to the employee that derogatory information will be entered into his or her file should thus inform the employee of his or her right under Education Code section 87031 to respond in writing to this derogatory information within a specified period of time. Upon receipt of the employee’s response or the expiration of the deadline, the material may be placed into the personnel file. If the employee files a timely response, it should be attached to the derogatory information that is being placed in the employee’s personnel file.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 88