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

1. H OW L ONG M UST R ECORDS B E R ETAINED ?

Community college district employee personnel records are to be retained indefinitely even after separation. 256

2. W HAT I NFORMATION M AY B E P LACED INTO A P ERSONNEL F ILE

“Official” personnel files may contain any or all of the following:



Employment applications;

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Performance evaluations/appraisals;

 Written confirmation of employment actions (e.g., salary information, reclassifications, transfers, promotions);  Documents regarding discipline or proposed discipline;  Personal data, including marital status, family members, educational and employment history, or similar information;



Applicable tax documents;

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Notices and letters of commendation;

 Complaints or investigations of complaints concerning an employee’s conduct, or an event or transaction in which the employee participated;  Fringe benefit information, including authorizations for deduction or withholding of pay;

 Leave records (including attendance records);  Retirement records; and

 Other records relating to the employment history with the employer.

Any of these records could be used to affect the employment status or opportunities of present or former employees.

3. W HAT M AY NOT B E P LACED INTO A P ERSONNEL F ILE

The following should not be placed in “official” personnel files:

 Confirmation of counseling or oral reprimand. As a practical matter, placing written confirmation of an oral counseling into the file causes the employee to be subject to the equivalent of a written reprimand.  Grievance documents. Placing grievance documents into a personnel file may result in retaliation claims.  Employee health records, including medical and psychological information and reports. These must be placed in a sealed file.

These documents should be kept in a separate file or in a “supervisor’s” file.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 86