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

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts

The Court explained that it would be unfair to permit a district to rely on derogatory material in

reaching any decision affecting the employee’s employment status unless the district had timely

provided the employee with adequate notice and an opportunity to review and comment on the

information. The Court emphasized that a school district may not evade these requirements by

maintaining derogatory information separately from the employee’s official personnel file.

3. R

EASONABLE

ULES

EGARDING

NSPECTING

ERSONNEL

ILES

The Education Code gives all community college employees the right to inspect their own

personnel files.

262

This right extends to all documents which the employer maintains relating to

the employee’s performance or to any grievance concerning the employee. community college

personnel rules and regulations or collective bargaining agreements may also afford employees

access to their personnel files.

The Education Code requires that employee reviews “shall take place during normal business

hours” and that employees be released from duty to conduct such reviews, without any reduction

in salary.

263

However, an employer need not make personnel records available at a time when

the employee is actually required to render services to the district.

264

New revisions to the Labor

Code, which are incorporated into the Education Code, require that inspections must take place

within 30 calendar days of the request unless the employee, or his or her representative, and the

employer agree in writing to a date not later than 35 calendar days from the receipt of the written

request.

265

An employee may also elect to receive a copy of his or her personnel file. In order to

receive a copy, the employee must submit a written request from him or her, or their

representative and pay the cost of copying the file. The district must provide a copy not later

than 30 calendar days from the date of the request, unless the employee, or his or her

representative, and the employer agree in writing to a date not later than 35 calendar days from

the receipt of the written request. (Sample inspection policies can be found at Appendices G and

H of this book.)

The following may be worth considering as a checklist for an employee’s inspection procedure:



Require the employee to provide a written request for access to the file.



Review the file to determine whether any of the statutory exemptions apply (e.g., letters of

reference regarding county employee, criminal investigations). If so, remove such

documents from the file.



Determine whether any of the documents in the file are from individuals who have been

given an assurance of confidentiality. If so, remove such documents from the file.



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 file. 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