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

c. Timing of Employee Review The Education Code requires that an employee’s review of his or her personnel file “shall take place during normal business hours” and that employees be released from duty to conduct such reviews, without any reduction in salary. An employer need not make personnel records available at a time when the employee is actually required to render services to the district. 267 d. Importance of Including Derogatory Documents in Personnel File Districts may not circumvent an employee’s right to review derogatory information by maintaining it outside the personnel file. In Miller v. Chico Unified School District , 268 the Supreme Court held that a school district could not terminate an employee based on derogatory documents not included in the employee’s personnel file. In this case, the associate superintendent of a K-12 district kept notes of his frequent meetings with Miller, a school principal, which he eventually transcribed and included in his formal recommendation to reassign Miller. The school board received these confidential memoranda but did not provide Miller with an opportunity to review or rebut any inaccurate derogatory information. According to the Court, this violated Miller’s right to inspect and comment on any derogatory information in his personnel file. 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 R ULES R EGARDING I NSPECTING P ERSONNEL F ILES The Education Code gives all community college employees the right to inspect their own personnel files. 269 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. 270 However, an employer need not make personnel records available at a time when the employee is actually required to render services to the district. 271 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. 272 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

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