Or. Admin. Code § 166-450-0090

Current through Register Vol. 63, No. 12, December 1, 2024

Section 166-450-0090 - Personnel Records

The General Schedule is applicable to the personnel records of community colleges. Retention periods apply to the official copy of all public records, regardless of medium or physical format, created or stored by the above specified agencies. Please note the exceptions to this General Schedule listed in OAR 166-030-0027 before disposing of records.

(1)Affirmative Action/Equal Opportunity Records: Records document compliance with statutes and regulations of the US. Equal Employment Opportunity Commission including affirmative action. Records may include but are not limited to plans, updates, policy statements, reports, discrimination complaints, hearing and meeting records, supporting documentation, and other records described in 29 CFR 1613.222 . (Minimum retention: Final Plans: 15 years after superseded; Equal Opportunity plans, updates and policy statements: 50 years; complaint records and documentation: three years after final decision; Other records: three years).

(2)Bargaining Unit Records: Records document negotiations and contractual agreements between the institution and bargaining units and are also used for labor relations planning. Records may include but are not limited to union contracts and amendments; tentative agreements; arbitrators recommendations; negotiation work notes; strike contingency plans; management counter proposals; negotiation updates; newspaper clippings; press releases; research background material; employee classification printouts; Fair Share records; minutes, sound recordings, exhibits and reports of meetings; published manuals; and correspondence. (Minimum retention: Official copy: 20 years; Published manual: Until superseded).

(3)Classification Specification Records: Records document the development of the specification for each personnel position at the college. The records may include but are not limited to job analysis; classification specifications; position evaluations; position descriptions; and correspondence. (Minimum retention: five years after classification inactive or revised).

(4)Collective Bargaining Records: Records document collective bargaining between the college and bargaining unit(s). The records may include but are not limited to union contracts and amendments; tentative agreements; management counter proposals; arbitrator's recommendations; negotiation work notes; strike contingency plans; newspaper plans; newspaper clippings and press releases; research material; employee classification and compensation printouts; and correspondence. May also include conciliation, mediation, and grievance related records. (Minimum retention: Contracts: 50 years; Contract development records: 30 years; Grievance arbitration decisions: 30 years).

(5)Compensation Plan Records: Records document the development, operation and maintenance of the college's personnel compensation plans. The records may include but are not limited to compensation plans; salary surveys; pay tables; merit matrixes; pay range tables; and correspondence. (Minimum retention: Compensation plans: five years after superseded; Other records: one year).

(6)Criminal History Check Records: Records document the criminal record checks made on students, staff and volunteers. Records consist of a form sent to the Department of Human Resources or Employment Department, Child Care Division to check the Oregon Law Enforcement Data System (LEDS) for the existence of criminal records for staff, students or volunteers. The criminal history form shows name and other identifying information about the student, volunteer, or staff member, indication of existence or absence of criminal record, and related information. SEE ALSO: Recruitment and Selection Records this section. Information may be exempt from public disclosure per ORS 192.502(2). (Minimum retention: two years).

(7)Employee Benefits Records: Records document individual employee benefit information such as selection of insurance plans, PERS status and other benefit program information. Records include but are not limited to insurance plan selection and application forms and enrollment cards; voluntary payroll deduction authorization forms; deduction termination forms; PERS enrollment and benefit designation forms; deferred compensation plan enrollment forms; and correspondence. SEE ALSO: Payroll Records section. Portions may be exempt from public disclosure per ORS 192.502(2). (Minimum retention: PERS Enrollment records: 75 years; Other records: two years after employee separation or eligibility expired).

(8)Employee Medical Records: Records document individual employee work related medical history. The records may include but are not limited to medical examination records -- pre-employment, pre-assignment, or episodic; X-rays; records of significant health or disability limitations related to job assignments; documentation of work related injuries or illnesses; hazard exposure records; first aid incident records; physician statements; drug test records; release consent forms; and correspondence. These records must be kept physically separate from the employee personnel files as required by the Americans with Disabilities Act. Portions may be exempt from public disclosure per ORS 192.502(2). (Minimum retention: Hazard exposure records: 30 years after separation, or as specified by 29 CFR 1910.20 ; Other records: three years after separation).

(9)Employment Eligibility Verification Forms (I-9s): Records document the filing of I-9 forms which verify that applicant and employees are eligible to work in the United States. These forms may be kept in Individual Employee Personnel Files or in a separate file for ease of reference. The records consist of U. S. Immigration and Naturalization Service Form I-9. Information includes employee information and verification data -- citizenship or alien status and signature; employer review and verification data documents which establish identity and eligibility, and employer's signature certifying that documents have been checked. (Minimum retention: The longer of three years or one year after employee separation).

(10)Grievance Records: Records document grievances brought by or against faculty, staff, students, and people from outside the college. Grievances may be resolved formally or informally at the departmental level or they may be referred or appealed to a variety of offices, depending on the grievance, issues, and persons involved. Records may include but are not limited to notice of grievances; informal discussions notes; formal hearing notes (including audio tapes); final summary statements; appeals documentation and correspondence. SEE ALSO: Student Grievance Records in the Student Records section, and Bargaining Unit Records, Collective Bargaining Records, and Affirmative Action/Equal Opportunity Records this section. Information may be exempt from public disclosure per 192.502(2). (Minimum retention: five years after resolved).

(11)Individual Employee Personnel Records: Records document individual employee work history. Records may include but are not limited to applications; notices of appointment; training and licenser (certification) records; records of health limitations; salary schedules; personnel actions; performance evaluations; teacher evaluation reports; letters of commendation and recommendation; letters of reprimand; notices of disciplinary action; notices of layoff; letters of resignation; home address and telephone disclosures; emergency notification forms; oaths of office; and related correspondence and documentation. Records may be exempt from public disclosure per ORS 192.502(2). SEE ALSO: Criminal History Check Records, Recruitment and Selection Records, Employee Medical Records, and Employee Benefits Records in this section. (Minimum retention: Employment applications (most recent and first successful), licensure (certification) records, personnel actions, oaths of office, home address/telephone disclosures, emergency notification form (most recent): 75 years after date of hire; Complaint and disciplinary records: three years; Other records: three years after separation).

(12)Recruitment and Selection Records: Records document the recruitment and selection of college employees. The records may include but are not limited to recruitment and application materials. Portions may be exempt from public disclosure per ORS 192.502(2). (Minimum retention: Unsolicited applications: three months; Other records: two years).

(13)Staff Training Records: Records document the activities involved in developing and/or providing in-service and other training to college staff and faculty. Records may include but are not limited to flyers; calendars; credit records to document receipt of funds based on the participation; class enrollment and attendance records; copies of contract instructor agreements; and correspondence. The student academic database holds the records of academic courses, workshops, and training sessions which faculty and staff may attend. (Minimum retention: five years).

(14)Wellness Program Records: Records document the development and operation of the college's wellness program. The records include but are not limited to program statements; health surveys; health and committee records; newsletters; workshop and seminar records; and correspondence. (Minimum retention: three years).

Or. Admin. Code § 166-450-0090

OSA 3-1998, f. 8-4-98, cert. ef. 8-5-98

Stat. Auth.: ORS 192 & 357

Stats. Implemented: ORS 192.005 - 192.170 & 357.805 - 357.895