D.C. Mun. Regs. tit. 5, r. 5-E1316

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-E1316 - EMPLOYEE ACCESS TO OFFICIAL PERSONNEL RECORDS

1316.1

The official personnel records of an employee shall be disclosed to the employee or any designated representative of the employee's choice.

1316.2

All disclosures shall be made in the presence of a representative of the Division of Personnel.

1316.3

The following information which may be in an official personnel folder shall not be disclosed to any employee:

(a) Information that has been received on a confidential basis from a person under an agreement that the identity of the source of the information will not be disclosed; provided, that the information may be disclosed if all information identifying the source of the information is deleted in a manner to positively preclude identity of the source;

(b) Medical information that, in the judgment of the employee's physician, would be injurious to the health of the employee, if disclosed;

(c) Criminal investigative reports;

(d) Suitability inquiries and confidential questionnaires undertaken in accordance with rights afforded in the CMPA or the rules of the Educational Service; or

(e) Test and examination materials that may continue to be used for selection and promotion purposes; provided, that the description of test and general results shall be disclosed.

1316.4

An employee shall have the right to present information immediately germane to any information contained in his or her official personnel folder and seek to have irrelevant, immaterial, or untimely information removed from the record.

1316.5

Information other than a record of official personnel action shall be untimely if it concerns an event more than three (3) years in the past upon which an action adverse to the employee may be based.

1316.6

When the Director of Personnel finds that an official record contains immaterial, irrelevant, or untimely information, the Director shall remove that information from the official record.

1316.7

Materials shall be placed in an employee's official personnel folder only at the request of the employee, or at the request of the employee's supervisor, the Director of Personnel or his or her designee, or the Superintendent of Schools.

D.C. Mun. Regs. tit. 5, r. 5-E1316

Final Rulemaking published at 27 DCR 4297, 4313-14 (October 3, 1980)