WSR 05-01-198

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed December 21, 2004, 3:21 p.m. , effective July 1, 2005 ]


Purpose: This chapter of rules address personnel files for state employees.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 04-13-185 on June 23, 2004.

Changes Other than Editing from Proposed to Adopted Version: WAC 357-22-015, as a result of discussions with stakeholders, language was changed in this section to reference chapter 357-22 WAC. Removed the last sentence regarding employer's policy.

WAC 357-22-025, as a result of discussions with stakeholders, language was changed in this section to address the information to be sent from one employer to another when an employee changes employers within state government.

WAC 357-22-035, as a result of discussions with stakeholders, language was changed in this section to address copies of employee's personnel records as required by WAC 357-22-015.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 8, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 8, Amended 0, Repealed 0.

Date Adopted: July 29, 2004.

E. C. Matt

Director

Chapter 357-22 WAC

Personnel Files


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 chapter 357-22 WAC and all relevant state and federal laws. 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.

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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 information must be sent from one employer to another when an employee changes employers within state government?   When an employee accepts an appointment with a different employer, the most recent former employer must provide employee information to the new employer in a transmittal package developed by the department.

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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 personnel records policy as required by WAC 357-22-015.

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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:

(a) The employee's job performance; or

(b) The 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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