WSR 04-13-185

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed June 23, 2004, 11:36 a.m. ]

     Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule and Other Identifying Information: New sections WAC 357-22-010 Must an employer maintain a personnel file for each employee?, 357-22-015 Must an employer develop and publish a policy on personnel files?, 357-22-020 Can an employee review his/her personnel file?, 357-22-025 What happens to an employee's personnel file when the employee changes employers within state government?, 357-22-030 Who is responsible for the management of official personnel files?, 357-22-035 Must the employee be given a copy of information placed in the personnel file?, 357-22-040 How long must information be kept in the employee's personnel file?, and 357-22-045 When may an employee add information in his/her personnel file?

     Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on July 29, 2004, at 10:00 a.m.

     Date of Intended Adoption: July 29, 2004.

     Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by July 23, 2004.

     Assistance for Persons with Disabilities: Contact Department of Personnel by July 23, 2004, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules address personnel files for state employees.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

     Statute Being Implemented: RCW 41.06.150.

     Rule is not necessitated by federal law, federal or state court decision.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to the passage of SHB 1268 the director of the Department of Personnel has rule-making authority regarding personnel files. The proposed rules implement this provision of the Personnel System Reform Act.

     Name of Proponent: Department of Personnel, governmental.

     Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

     A cost-benefit analysis is not required under RCW 34.05.328.

June 23, 2004

E. C. Matt

Director


NEW SECTION
WAC 357-22-010   Must an employer maintain a personnel file for each employee?   An employer must maintain an official file of each employee showing a record of employment and such other information as may be required for business and legal purposes. The employer has the burden of demonstrating the legal or business need for the record.

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NEW SECTION
WAC 357-22-015   Must an employer develop and publish a policy on personnel files?   Each employer must develop and publish a policy pertaining to the retention and confidentiality of personnel records in accordance with these rules and chapter 40.14 RCW. The employer's policy must include the requirement that personnel and payroll records are open to the inspection of the board, state auditor, the director or director's designee, and prospective employers. The employer's policy must comply with RCW 49.12.240, 49.12.250 and 49.12.260.

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NEW SECTION
WAC 357-22-020   Can an employee review his/her personnel file?   An employee and/or any person authorized in writing by the employee may review the employee's personnel file at least annually according to the policy of the employer.

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NEW SECTION
WAC 357-22-025   What happens to an employee's personnel file when the employee changes employers within state government?   The original personnel and payroll file accompanies the employee throughout his/her service career.

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NEW SECTION
WAC 357-22-030   Who is responsible for the management of official personnel files?   Each employer must designate the position(s) within the employer's organization responsible for managing and maintaining the official personnel files.

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NEW SECTION
WAC 357-22-035   Must the employee be given a copy of information placed in the personnel file?   An employee must be provided a copy of all adverse material placed in the personnel file at the time the material is included in the file. Upon the employee's request, the employee must be provided with a copy of any information in the employee's personnel file. Copies will be provided in accordance with the employer's policy.

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NEW SECTION
WAC 357-22-040   How long must information be kept in the employee's personnel file?   (1) Information must be kept in the employee's personnel file as long as it has a reasonable bearing on the employee's job performance or employer's efficient and effective management of the agency, institution, or related higher education board.

     (2) Adverse material proven to be inaccurate or false, or information related to employee misconduct or alleged misconduct which is determined to be false, and all such information in situations where the employee has been fully exonerated of wrong doing must be promptly destroyed unless:

     (a) The employee requests that the information be kept; or

     (b) The information is related to pending legal action or legal action(s) may reasonably be expected to result.

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NEW SECTION
WAC 357-22-045   When may an employee add information in his/her personnel file?   After an employee becomes aware that adverse information has been placed in his/her personnel file, he/she has the right to add a statement of rebuttal or correction of such information. At anytime, an employee has the right to add job performance information to his/her personnel file.

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