PERSONNEL FILES D05

Policy

It is the policy of the Montpelier School District to develop and maintain complete and secure personnel files that accurately reflect the experience and service of each staff member employed by the district.

Administrative Responsibilities

1. General Information

The superintendent will maintain a personnel file for each employee of the district and, unless otherwise provided by master contract, its contents will be confidential and will be released only as required by law or after written waiver by the employee.

The personnel file shall include the following items, unless this list is modified by a binding legal agreement or law; employee’s job application, employee’s current job description, employee’s performance evaluations; employee’s contract; any reprimands, warnings, suspensions, or performance discipline; written records of discussions shared with employees regarding performance deficiencies; documents relating to corrective or disciplinary action. Information that could be detrimental to an employee's job security will not become a part of an employee's file until the employee has examined same and been given an opportunity to append a response.

The board will maintain the original personnel file for the superintendent in a safe deposit box to which the board chair and clerk will have access.

All personnel files must be maintained for three years from the date of separation or longer, if required by law.

2. Criminal Record Check Information

At the time of employment, a copy of the superintendent's request for a criminal records check by the Vermont Criminal Information Center and a copy of the Center's response will be placed in each employee's personnel file. Criminal history logs, processed release forms and criminal record information will be maintained for the retention period specified in the district’s user agreement with the Vermont Criminal Information Center.

After the specified retention period, the record information and logs will be maintained or destroyed as follows:

· If the person who is the subject of the background check authorizes maintenance of the information, and the information is a notice of no criminal record, the information will be securely maintained by the school district indefinitely;

· If the person who is the subject of the background check authorizes maintenance, and the information is a criminal record or notice of the existence of a criminal record, the information will be sent by the superintendent to the Commissioner of Education for secure maintenance in the central records repository;

· If the person who is the subject of the background check does not authorize maintenance of the information, the superintendent shall destroy the information in accordance with the user agreement.

Employees’ Rights And Responsibilities

An employee may examine his or her own personnel file by appointment with an appropriate administrator. Materials obtained prior to the employment of the individual, including confidential placement papers may not be available to employees.

Date Warned: November 7, 2003

Date Adopted: November 19, 2003

Legal Reference(s): 1 V.S.A. §317 (c)(7) (Public records)

16 V.S.A. §§251 et seq. (Criminal records checks)

Cross Reference(s): Evaluation and Supervision of Staff (D04); Personnel: Recruitment, Selection, Appointment (D01)