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 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. 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

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 88