The Superintendent or designee shall maintain personnel files for all current employees. All personnel files are confidential and shall be available only to the employee, persons authorized by the employee and those authorized by the Superintendent or designee. Official employee files shall be maintained at the district's central office. The Superintendent or designee shall determine the types of information to be included and shall process all material to be placed in a personnel file.
\n\nThe contents of all personnel files shall be kept in strict confidence by any authorized reviewer.
\n\nFiles for District Police/Security Officers
\n\nPersonnel files for district police or security officers shall be maintained and accessed in accordance with Board of Education policy and Government Code 3305-3306.
\n\nPlacement of Material in Personnel Files
\n\nAny person who places written material or drafts written material for placement in an employee's file shall sign the material and signify the date of placement.
\n\nWhen an employee is asked to sign any material that is to be placed in his/her file, it is with the understanding that his/her signature signifies only that he/she has read the material and does not necessarily indicate agreement with its contents.
\n\nAny request by an employee to include materials in his/her personnel file must be approved by the Superintendent or designee.
\n\nA certificated employee may initiate a written reaction or response to his/her performance evaluation and that response shall become a permanent attachment to the employee's personnel file. (Education Code 44663)
\n\nDerogatory Information
\n\nInformation of a derogatory nature shall not be entered into an employee's personnel file unless and until the employee is given notice and an opportunity to review and comment on that information. Such a review shall take place during normal business hours. The employee shall be released from duty for this purpose without a salary reduction. The employee may enter his/her own comments and have them attached to the derogatory statement. (Education Code 44031)
\n\nFile Review by Employee
\n\nThe contents of personnel records relating to the employee's performance or to any grievance concerning the employee shall be made available to the employee at reasonable intervals and at reasonable times. The Superintendent or designee shall not be required to make such records available at a time when the employee is required to render services to the district, unless the employee is required to view the file where it is stored. (Labor Code 1198.5; Education Code 44031)
\n\nThe Superintendent or designee shall do one of the following: (Labor Code 1198.5)
\n\nAny employee wishing to inspect his/her personnel record shall contact the Superintendent or designee.
\n\nWith the exceptions noted below, all personnel records related to the employee's performance or to any grievance concerning the employee shall be made available for inspection by the employee. Noncredentialed employees shall have access to any numerical scores obtained as result of written examinations. (Education Code 44031)
\n\nThe Superintendent or designee shall not be required to make available to the employee: (Labor Code 1198.5, Education Code 44031)
\n\nThe employee may be accompanied by a representative of the employee's choice while reviewing the record.
\n\nInspection shall take place in the presence of the Superintendent or designee. All reviews of personnel records shall be recorded, including the date and time the file was reviewed and the name and title of the person(s) present during the review.
\n\nIn no instance shall any material be removed from the records. Requests for copies of material in a personnel record must be made in writing.
\n\nFile Review by Management and Board
\n\nManagement personnel or district legal counsel with a valid "right to know" or "need to know" may, with the Superintendent or designee's authorization, review an employee's personnel file.
\n\nBoard members are not individually allowed to request and access personnel files but the Board may request pertinent information from an employee's file in cases of personnel action.
\n\n\n", "contentText": "The Superintendent or designee shall maintain personnel files for all current employees. All personnel files are confidential and shall be available only to the employee, persons authorized by the employee and those authorized by the Superintendent or designee. Official employee files shall be maintained at the district's central office. The Superintendent or designee shall determine the types of information to be included and shall process all material to be placed in a personnel file.\n\nThe contents of all personnel files shall be kept in strict confidence by any authorized reviewer.\n\nFiles for District Police/Security Officers\n\nPersonnel files for district police or security officers shall be maintained and accessed in accordance with Board of Education policy and Government Code 3305-3306.\n\nPlacement of Material in Personnel Files\n\nAny person who places written material or drafts written material for placement in an employee's file shall sign the material and signify the date of placement.\n\nWhen an employee is asked to sign any material that is to be placed in his/her file, it is with the understanding that his/her signature signifies only that he/she has read the material and does not necessarily indicate agreement with its contents.\n\nAny request by an employee to include materials in his/her personnel file must be approved by the Superintendent or designee.\n\nA certificated employee may initiate a written reaction or response to his/her performance evaluation and that response shall become a permanent attachment to the employee's personnel file. (Education Code 44663)\n\nDerogatory Information\n\nInformation of a derogatory nature shall not be entered into an employee's personnel file unless and until the employee is given notice and an opportunity to review and comment on that information. Such a review shall take place during normal business hours. The employee shall be released from duty for this purpose without a salary reduction. The employee may enter his/her own comments and have them attached to the derogatory statement. (Education Code 44031)\n\nFile Review by Employee\n\nThe contents of personnel records relating to the employee's performance or to any grievance concerning the employee shall be made available to the employee at reasonable intervals and at reasonable times. The Superintendent or designee shall not be required to make such records available at a time when the employee is required to render services to the district, unless the employee is required to view the file where it is stored. (Labor Code 1198.5; Education Code 44031)\n\nThe Superintendent or designee shall do one of the following: (Labor Code 1198.5)\n\n- Keep a copy of each employee's personnel records at the place where the employee reports to work\n\n- Make the employee's personnel records available at the place where the employee reports to work within a reasonable period of time following an employee's request\n\n- Permit the employee to inspect the personnel records at the location where the district stores the personnel records, with no loss of compensation to the employee\n\nAny employee wishing to inspect his/her personnel record shall contact the Superintendent or designee.\n\nWith the exceptions noted below, all personnel records related to the employee's performance or to any grievance concerning the employee shall be made available for inspection by the employee. Noncredentialed employees shall have access to any numerical scores obtained as result of written examinations. (Education Code 44031)\n\nThe Superintendent or designee shall not be required to make available to the employee: (Labor Code 1198.5, Education Code 44031)\n\n- Records relating to the investigation of a possible criminal offense\n\n- Letters of reference\n\n- Ratings, reports or records that were obtained prior to the employee's employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination\n\nThe employee may be accompanied by a representative of the employee's choice while reviewing the record.\n\nInspection shall take place in the presence of the Superintendent or designee. All reviews of personnel records shall be recorded, including the date and time the file was reviewed and the name and title of the person(s) present during the review.\n\nIn no instance shall any material be removed from the records. Requests for copies of material in a personnel record must be made in writing.\n\nFile Review by Management and Board\n\nManagement personnel or district legal counsel with a valid \"right to know\" or \"need to know\" may, with the Superintendent or designee's authorization, review an employee's personnel file.\n\nBoard members are not individually allowed to request and access personnel files but the Board may request pertinent information from an employee's file in cases of personnel action.", "footnotes": [ { "type": "State", "references": [ { "code": "5 CCR 16020-16022", "description": "Records; general provisions", "url": "https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I44508F104C6911EC93A8000D3A7C4BC3&transitionType=Default&contextData=%28sc.Default%29#I4452D9034C6911EC93A8000D3A7C4BC3" }, { "code": "5 CCR 16023-16027", "description": "District records; retention and destruction", "url": "https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I445B3D704C6911EC93A8000D3A7C4BC3&transitionType=Default&contextData=%28sc.Default%29#I446109D44C6911EC93A8000D3A7C4BC3" }, { "code": "Ed. Code 234.7", "description": "Protections relating to immigration and citizenship status", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=234.7." }, { "code": "Ed. Code 35253", "description": "Regulations to destroy records", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=35253." }, { "code": "Ed. Code 44031", "description": "Personnel file contents and inspection", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=44031." }, { "code": "Ed. Code 44051", "description": "Noncertificated employees; report of egregious misconduct", "url": "" }, { "code": "Ed. Code 44663", "description": "Certificated employees; performance evaluations and related materials", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=44663.#\thttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=44663." }, { "code": "Ed. Code 44932", "description": "Grounds for dismissal of permanent employees", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=44932." }, { "code": "Ed. Code 44939.5", "description": "Certificated employees; report of egregious misconduct", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=44939.5.#\thttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=44939.5." }, { "code": "Gov. Code 3305-3306.5", "description": "District police officers; personnel files", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=4.&title=1.&part=&chapter=9.7.&article=" }, { "code": "Gov. Code 7920.000-7930.215", "description": "California Public Records Act", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=GOV&division=10.&title=1.&part=&chapter=&article=" }, { "code": "Gov. Code 7927.700", "description": "Exemption for personnel records if invasion of personal privacy", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=7927.700." }, { "code": "Gov. Code 7928.300", "description": "Disclosure of employee contact information to employee organization", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=7928.300." }, { "code": "Lab. Code 1198.5", "description": "Personnel records related to performance and grievance", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=1198.5." }, { "code": "Pen. Code 11165.14", "description": "Report of investigation of child abuse complaint", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=11165.14." } ] }, { "type": "Management Resources", "references": [ { "code": "Court Decision", "description": "Bakersfield City School District v. Superior Ct. (2004) 118 Cal.App.4th 1041", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Court Decision", "description": "Marken v. Santa Monica-Malibu Unified School District (2012) 202 Cal.App.4th 1250", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" } ] } ], "crossRefs": [ { "code": "0440", "title": "District Technology Plan", "type": "AR" }, { "code": "0440", "title": "District Technology Plan", "type": "AR" }, { "code": "1312.1", "title": "Complaints Concerning District Employees", "type": "AR" }, { "code": "1312.1", "title": "Complaints Concerning District Employees", "type": "AR" }, { "code": "1340", "title": "Access To District Records", "type": "AR" }, { "code": "1340", "title": "Access To District Records", "type": "AR" }, { "code": "1445", "title": "Response To Immigration Enforcement", "type": "AR" }, { "code": "3400", "title": "Management Of District Assets/Accounts", "type": "AR" }, { "code": "3400", "title": "Management Of District Assets/Accounts", "type": "AR" }, { "code": "3514.1", "title": "Hazardous Substances", "type": "AR" }, { "code": "3514.1", "title": "Hazardous Substances", "type": "AR" }, { "code": "3515", "title": "Campus Security", "type": "AR" }, { "code": "3515", "title": "Campus Security", "type": "AR" }, { "code": "3580", "title": "District Records", "type": "AR" }, { "code": "3580", "title": "District Records", "type": "AR" }, { "code": "4030", "title": "Nondiscrimination In Employment", "type": "AR" }, { "code": "4030", "title": "Nondiscrimination In Employment", "type": "AR" }, { "code": "4032", "title": "Reasonable Accommodation", "type": "AR" }, { "code": "4111.2", "title": "Legal Status Requirement", "type": "AR" }, { "code": "4112.2", "title": "Certification", "type": "AR" }, { "code": "4112.2", "title": "Certification", "type": "AR" }, { "code": "4112.5", "title": "Criminal Record Check", "type": "AR" }, { "code": "4112.61", "title": "Employment References", "type": "AR" }, { "code": "4112.61", "title": "Employment References", "type": "AR" }, { "code": "4112.9", "title": "Employee Notifications", "type": "AR" }, { "code": "4112.9", "title": "Employee Notifications", "type": "AR" }, { "code": "4115", "title": "Evaluation/Supervision", "type": "AR" }, { "code": "4115", "title": "Evaluation/Supervision", "type": "AR" }, { "code": "4117.5", "title": "Termination Agreements", "type": "AR" }, { "code": "4118", "title": "Dismissal/Suspension/Disciplinary Action", "type": "AR" }, { "code": "4118", "title": "Dismissal/Suspension/Disciplinary Action", "type": "AR" }, { "code": "4119.23", "title": "Unauthorized Release Of Confidential/Privileged Information", "type": "AR" }, { "code": "4131.1", "title": "Teacher Support And Guidance", "type": "AR" }, { "code": "4151", "title": "Employee Compensation", "type": "AR" }, { "code": "4154", "title": "Health And Welfare Benefits", "type": "AR" }, { "code": "4211.2", "title": "Legal Status Requirement", "type": "AR" }, { "code": "4212.41", "title": "Employee Drug Testing", "type": "AR" }, { "code": "4212.9", "title": "Employee Notifications", "type": "AR" }, { "code": "4218", "title": "Dismissal/Suspension/Disciplinary Action", "type": "AR" }, { "code": "4218", "title": "Dismissal/Suspension/Disciplinary Action", "type": "AR" }, { "code": "4219.23", "title": "Unauthorized Release Of Confidential/Privileged Information", "type": "AR" }, { "code": "4251", "title": "Employee Compensation", "type": "AR" }, { "code": "4254", "title": "Health And Welfare Benefits", "type": "AR" }, { "code": "4311.2", "title": "Legal Status Requirement", "type": "AR" }, { "code": "4312.41", "title": "Employee Drug Testing", "type": "AR" }, { "code": "4312.9", "title": "Employee Notifications", "type": "AR" }, { "code": "4315", "title": "Evaluation/Supervision", "type": "AR" }, { "code": "4351", "title": "Employee Compensation", "type": "AR" }, { "code": "4354", "title": "Health And Welfare Benefits", "type": "AR" }, { "code": "5125", "title": "Student Records", "type": "AR" }, { "code": "5125", "title": "Student Records", "type": "AR" }, { "code": "5141.4", "title": "Child Abuse Prevention And Reporting", "type": "AR" }, { "code": "5141.4", "title": "Child Abuse Prevention And Reporting", "type": "AR" }, { "code": "5145.3", "title": "Nondiscrimination/Harassment", "type": "AR" }, { "code": "5145.3", "title": "Nondiscrimination/Harassment", "type": "AR" }, { "code": "5148.3", "title": "Preschool/Early Childhood Education", "type": "AR" }, { "code": "5148.3", "title": "Preschool/Early Childhood Education", "type": "AR" }, { "code": "9011", "title": "Disclosure Of Confidential/Privileged Information", "type": "AR" } ], "attachments": [] }