Access To Central Personnel Files

PURPOSE:

To minimize intrusiveness, maximize fairness, and create legitimate expectations of confidentiality of employee personnel records.

CENTRAL PERSONNEL FILE:

A confidential file containing pertinent employment information is maintained for each University employee. Personnel files for classified staff are housed in the Division of Human Resources. The personnel file contains documentation regarding the employee's appointment, compensation, promotion, demotion, transfer, honorary, disciplinary and like involvements at the university.

VOLUNTARY ACCESS:

Voluntary access to central personnel files is limited to the individual and to the appropriate University officials (Access To Central Personnel File by University Employees policy).

ACCESS BY EXTERNAL PUBLIC OR PRIVATE AGENCIES OR INDIVIDUALS:

No individual, private, or public agency external to the University will be permitted access to any individual's central personnel file without the express written consent of the individual concerned, except that information in such files will be provided voluntarily to Federal or State agencies when:

• the agency has jurisdiction to make the particular inquiry;
• the information being sought is obtainable by subpoena if not volunteered; and
• the appropriate University officials are satisfied that information being sought is actually pertinent to the agency's inquiry.

ACCESS BY EMPLOYEES WITH "NEED TO KNOW":

Other University staff members will have access to an employee?s central personnel file on the basis of a need to know, i.e. University officials within the employees' line of authority, University officials responsible for file maintenance and review, members of the President's staff, or delegates of the above officials.

ACCESS BY UNIVERSITY COMMITTEES:

No information from central personnel files will be released to University committees such as grievance or awards committees, without written consent of the individual concerned.

MAINTAINING CONFIDENTIALITY:

All persons examining a central personnel file on the basis of a need to know will treat the contents of the file as confidential. The confidentiality of each file is to be maintained except:

• under legal subpoena and/or
• when contents may be incorporated into a recommendation governing the future status of the employee.

HOURS FOR EXAMINING CENTRAL PERSONNEL FILES:

Central personnel files may be examined only within the confines of the Division of Human Resources during normal university business hours, 8:15 a.m. - 4:45 p.m. Monday through Friday (Flextime Guidelines policy).

RECORDS OF THOSE REQUESTING INFORMATION:

A record will be maintained of all individuals and agencies requesting information from central personnel files.

TO MAKE ARRANGEMENTS FOR EXAMINING A CENTRAL PERSONNEL FILE:

The Division of Human Resources requests at least 24 hours notice before an employee's central personnel file may be examined. Requests may be made by telephoning 293-5700 or by completing a request form at the Division of Human Resources.

IDENTIFICATION REQUIRED:

Positive identification must be established and a signature comparison made before a person may examine the central personnel file.

CATEGORY EXEMPTIONS:

Based on the West Virginia Freedom of Information law, certain categories of information are specifically exempt from public disclosure under the provision of Article 29B-1-4. They are:

• Trade secrets, as used in this section, which may include, but are not limited to any formula, plan pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article or trade or a service or to locate minerals or other substances, having commercial value, and which gives its users an opportunity to obtain business advantage over competitors;
• Information of a personal nature such as that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance: Provided, that nothing in this article shall be construed as precluding an individual from inspecting or copying his/her own personal, medical, or similar file (cross reference Access To Central Personnel Files By University Employees policy);
• Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment or academic examination;
• Records of law-enforcement agencies that deal with the detection and investigation of crime and the internal records and notations of such law-enforcement agencies, which are maintained for internal use in matters relating to law enforcement;
• Information specifically exempted from disclosure by statute (cross reference Medical Management policy and Grievance Procedures Under WV Code 18-29 policy);
• Records, archives, documents or manuscripts describing the location of undeveloped historic, prehistoric, archaeological, paleontological and battlefield sites or constituting gifts to any public body upon which the donor has attached restrictions on the usage or the handling of which could irreparably damage such record, archive, document or manuscript;
• Information contained in or related to examination, operating or condition reports prepared by, or on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions, except those reports which are by law required to be published in newspapers; and
• Internal memorandum or letters received or prepared by any public body.

SALARY: INFORMATION:

Salary information and any other data, deemed by law to be public information, will be voluntarily provided from time to time upon appropriate request from private or public agencies and to persons internal and external to the University.

ADDITIONAL INFORMATION:

Additional information or questions regarding this policy should be directed to the Records Unit in the Division of Human Resources at 293-5700.

EFFECTIVE DATE: August 1, 1999

WVU POLICY REFERENCE: http://www.wvu.edu/~adminfin/policies/hr_policies/WVU-HR-01.html