- To satisfy both the above obligations, the college has adopted the following:
- Public and Private Information
- The name, job title, organization, contract amount, and dates of employment, of each college employee is considered public information.
- The college shall decline all requests to reveal home addresses (or personal phone numbers) of employees, based on federal case law (vs. a New Mexico Attorney General’s finding) per a United States Supreme Court opinion, Department of Defense vs. Federal Labor Relations Authority, 510 U.S. 487 (1994), that the disclosure of public employees’ addresses “would constitute a clearly unwarranted invasion of personal privacy.”
- All other employee information is considered private and is not disclosed except as required by federal and state laws and regulations.
- Official Personnel File
- Résumés and/or applications are accepted in the Office of Human Resources on every individual applying for a position at the college. Materials are kept in the appropriate file for which the applicant is applying.
- All materials become the basis for his or her official personnel file. In the case of non-appointment, all materials are retained for six months.
- Employees are responsible for submitting required information for inclusion in their files to keep their records current.
- The Office of Human Resources is charged with the responsibility of maintaining accurate college personnel records on all full-time and part-time employees. Originals of documents substantiating required information are maintained in the personnel files. An official personnel file is maintained by the Office of Human Resources for each full-time faculty member and is the source of formal documentation of the faculty member’s professional Policy 4-33 Page 2 of 4 background and current status with the college.
- Protection of Personnel Files
- Under no circumstance may an official personnel file or confidential information on an employee leave the Office of Human Resources unless accompanied by the Director of Human Resources or designee or is authorized in writing by the Executive Director of Human Resources. Original files may be examined only in the presence of the director or a designee. (The only individual exempted from this provision is the College President.)
- The official personnel file is confidential and may only be viewed by the employee, their Cabinet-level supervisor (Vice President or Executive Director/Director), division head, department chair, the President, members of the Governing Board, members of official accrediting teams, and members of official auditing firms.
Provides policy and procedures for security, proper maintenance, and availability of personnel records for full- and part-time employees.
Background and/or Legal Reference
The College recognizes that as a public institution it has an obligation to the citizens of the state and a legal mandate from the legislature of the state to disclose, on request, the salary paid to any employee of the College. In addition, the College recognizes its obligation to its employees not to disclose personal and private information maintained in personnel files that is not considered by law to be public information (see Policy 8-3, Inspection of Public Records.)
- Materials required to be in an employee’s file are the following:
- Letter of job application, résumé, official transcripts, and other evidence of qualifications (these materials are retained in accordance with applicable state laws).
- Additions and updates of résumés, official transcripts, and other materials related to qualifications subsequent to original employment.
- Performance ratings related to initial or subsequent decisions regarding employment contracts.
- All letters of recommendation.
- Supervisory letters of reprimand or other negative materials provided the employee has been furnished a copy (any rebuttals or other written comments by the employee are also included).
- Requests for special leave and official action taken.
- Additional material having substantial relevance to qualifications and performance ratings by supervisors provided the employee has been apprised of the material.
- Employees have the following rights regarding their personnel files:
- To review the file’s content upon request.
- To receive a copy of any document contained in the file.
- To have relevant documents added to the file.
- To request that documents be removed from the file with approval of Office of Human Resources (this request must be made in writing to the Director of Human Resources).
- To include in the file a written response to any negative or derogatory entry.
- To be provided a copy of items to be placed in the personnel file.
- To be provided copies of references and evaluations obtained with an expectation that confidentiality will be maintained.
- All file cabinets containing official personnel files are locked. The Executive Director of Human Resources is charged with responsibility for the security of the files.
Other personnel information or duplicates of information in official files may be unofficially maintained in the files of respective Cabinet-level supervisors, division heads, department heads or directors who are charged with the responsibility for the security of the files.
SFCC Governing Board approved: 4/4/03
Revised and SFCC Governing Board approved: 7/22/03
Revised and SFCC Governing Board approved: 7/18/03
Revised and SFCC Governing Board approved: 8/1/03