Access To Central Personnel Files By A Univeristy Employee

PURPOSE:

To outline an efficient, equitable system for the maintenance of and access to central personnel files.

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.

CENTRAL PERSONNEL FILE ACCESS BY EMPLOYEE:

Pursuant to West Virginia Code 29B-1-1, the individual employee is entitled to inspect or to obtain a copy of his/her own personnel file. The employee shall not be entitled to inspect or obtain a copy of any letter of reference or other similar record when the employee has previously waived the right to so inspect and when the information was solicited by or supplied to WVU based on such waiver. The employee shall not be entitled to inspect or to obtain a copy of any other record exempt by WV Code 29B-1-4 unless there is clear and convincing evidence of a legitimate reason sufficient to overcome the exemption (Access To Central Personnel Files policy).

APPOINTMENT REQUESTS:

A current employee who wishes to examine his/her central personnel file should notify the Division of Human Resources at least twenty-four (24) hours in advance by telephoning (304) 293-5700, or by filing a written appointment request. Appointments for review will be arranged by the Records Unit in the Division of Human Resources (maximum of two per day). A representative from the Division of Human Resources will attend all reviews and record the location, date and time of the file review in the central personnel file.

APPOINTMENT HOURS:

Central personnel files may only be examined during normal University business hours. Normal University business hours are 8:15 a.m. to 4:45 p.m. Monday through Friday (Flextime Guidelines policy).

IDENTIFICATION REQUIRED:

Positive identification must be established before an individual may examine the central personnel file. The employee must sign a signature card for comparison to the file signature.

PHOTOCOPIES OF CENTRAL PERSONNEL FILE DOCUMENTS:

The individual may request photocopies of any documents in the file, other than the exceptions as stated above. It is necessary to retain all originals in the central personnel file. A small fee will be charged for copies.

PETITION FOR REMOVAL OR ADDITION OF INFORMATION IN THE CENTRAL PERSONNEL FILE:

Central personnel file contents may not be removed, nor additional information added to the file by the employee. The employee must petition to the Employee Relations Unit in the Division of Human Resources for the removal or addition of information to his/her central personnel file.

CENTRAL PERSONNEL FILE ACCESS BY OTHERS:

An employee may allow another individual to examine his/her central personnel file, if both parties sign a statement in the presence of a Records Unit employee granting such a review. If the employee is physically unable to view the file in the Human Resources office, authorization for another individual to review the file may be granted by means of a notarized letter.

RESPONSIBILITY OF THE Division of Human Resources:

The security of all classified staff personnel files is the responsibility of all Division of Human Resources employees. Under no circumstances will a staff member from the Division of Human Resources review any personnel file for personal or curiosity reasons.

MAINTAINING CONFIDENTIALITY:

All persons examining a central personnel file 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 the contents may be incorporated into a recommendation governing the future status of the employee.

ADDITIONAL INFORMATION:

Additional information or questions regarding this policy may be obtained by contacting 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