Privacy Issues?

terryb · January 2003

I recently read or heard that even a manager needs a legitimate and specific reason to view an employee's personnel records. We have a newly-elected Town Board member(one of five)requesting to see everyone's file. Wouldn't this violate the privacy of the employees? What would be considered a valid reason to show someone the records?

Terry B.

Rockie · January 2003

I would only let someone see another person's file on a "need to know" basis. If there is not a legitimate reason to view someone's records, then you certainly should deny this request. Sounds like it may just be a case of curiosity.

Parabeagle · January 2003

I'm not sure I agree with you 100%, Rockie. I think any supervisor responsible for the care and feeding of his/her employees is entitled to review the personnel files of his/her subordinates, especially if he's brand new to the company. Or am I misreading your reply?

Rockie · January 2003

Sorry, I was unclear. A supervisor would have a "need to know", but it appears that just someone sitting on a council might not have this "need" (unless they happened to be that person's supervisor). Sorry for the confusion!

Parabeagle · January 2003

Ah! I see, now. I didn't catch that it was a public-employee situation. Not sure how I would respond to that. I'm sure there must be some local guidance? I know that that public employees have an expectation of privacy that we don't have in the private sector. Wonder if that would be applicable?

terryb · January 2003

Our policy states that our employees answer directly to the Town Manager or Assistant Town Manager. They in turn, answer to a 5 member elected Town Board.
As public employees, our salaries are published in the local newspaper annually.

It was during an HR teleconference that I heard a specific reason was required to view the personnel files. I'm just at a loss on how to handle this. I sure appreciate your input!

AnneHa · January 2003

We are a state funded public institution governed by an appointed six member board. These six people have access to all information contained in an employee's personnel file, although no one has ever asked to see them. For this reason, I have always been very careful to keep all medical or investigative information separate from the regular file.

Parabeagle, I don't know about OR, but Ohio has had its Sunshine Laws (dealing with access to public records and meetings) very broadly interpreted in regards to the taxpayers' right to view 'relevant' information' in a tax-funded institution. We may be challenged to present to anyone what we feel to be confidential information. In that case, we would decline to give it up, throw ourselves into the legal fray, and hope for the best outcome.

Parabeagle · January 2003

Thanks for the info, I learned something. You can take everything I know about public employers and put it in a thimble. And it would still only be half full.

Crout · January 2003

In the sense that the Town owns the files, it would seem that the Board Member has the right to view the files. If your town has a solicitor's office, you could check the privacy issue with them. Do you have some sort of sign-out system whereby the Board member would sign for each individual file? Having worked for a county government, I agreee that there is something fishy about viewing EVERYONE'S file. The existance of a signed document may give your Board member pause.

Balloonman · January 2003

Well I found some change in my pocket so, here goes! I would be concerned as to why they wanted to review the files. But if it turns out they have that legal right, you will need to go through the files and as a previous post said, and make sure medical and other info is not maintained in the actual personnel file. Also whoever wants to review them, you should also inform them of privacy issues, and that they could be held legally liable if they were to discuss confidential information.
I have in the hiring process a medical review questionaire that is filled out post offer. It asks about prescription drugs that are taken. I would be concerned about others seeing some of the responses as they can identify specific illnesses with very little research. I have one individual, who left it blank but told me of a number of medicines that would easily identify him as someone with a significant, and possibly fatal illness. It would be no-ones business to see things like that. Fact is I could not legally withdraw my offer of employment once he told me this. While I did not contemplate this I wonder how the owners of my company would react if they were to find out that I hired him with this illness.
He is a great worker and has been promoted to foreman, wish I had more like him, except for his illness.
Anway I have rambled to much. Review the files first, make sure you do not leave employees exposed to someone knowing something that will cause them to pass judgement.
My $0.02 worth.
DJ The Balloonman

sonny · January 2003

[font size="1" color="#FF0000"]LAST EDITED ON 01-29-03 AT 09:07AM (CST)[/font][p]I would check your state laws. Here in Florida, due to a Public Records Act, there is really nothing that is sacred.. .there are a few exceptions like the home addresses of Police Officers, Fire Fighters and HR Directors. .interesting group isn't it?

Don D · January 2003

Call the city attorney and express your concerns, being sure he has some appreciation for the confidentiality of certain information and you stance regarding that. Ask him for guidance since he answers to the same board probably and will be able to view it from that perspective. Ask him for a letter of clearance authorizing, or better yet, requiring you to do so. Someone was correct in saying this is probably a case of arrogant city fatherhood curiosity being displayed. We earlier had a question about a member-elected credit union board member wanting to see personnel files of credit union employees and I don't think we ever resolved that one either.

terryb · January 2003

[font size="1" color="#FF0000"]LAST EDITED ON 01-29-03 AT 04:45PM (CST)[/font][p]Thanks everyone for your suggestions. I will see that we have a statement prepared for signature before releasing any of the information (if it turns out we have to). The Town Attorney has been contacted but we're still awaiting an official response. Nevada State Law is pretty vague about this matter and unfortunately, we can't base our decision on suspected motives.

I'll let you know the outcome. Thanks again!

terryb · February 2003

For anyone interested in the attorney's opinion, the Town Board as a whole is entitled to view the personnel file of any manager or supervisor, provided there is a specific question regarding ethics or competency or the like. No individual Board member is entitled to see it, because no one member has authority over the managers.

The Town Board is not entitled to view the other personnel files if the chain of command gives authority over hourly employees to the manager.

Hatchetman · February 2003

Terry, I work in the public sector for a county here in California doing HR. Thanks for responding back with what your town's legal counsel indicated. I'm not even sure what our county counsel would advise on the ability of one of the Board of Supervisors members (County Commissioners) to review an employee's file under California law. I suspect the agency heads would be no problem since most of them have personal contracts with the Board members (the agency heads are not in Civil Service).

MarilynR · February 2003

I have a similar situation but with a slight twist. Our company (Australian owned) is being purchased by another company (also located in Australia.) The purchasers have requested (as part of their due diligence) to view our personnel files. Is this legal? I keep separate files for the I-9's, health insurance apps, cobra, discipline, training and annual evaluations. Basically, the "personnel" file only contain W-4s, emergency phone #'s, resumes, initial offer letters, acceptance letters, and the confidentially agreement everyone must sign when starting. What part of all of the above can they see, and what part must remain private? BTW- our office is located in Indiana.

terryb · February 2003

Amongst the records considered confidential by our atty is the application for employment, including references and resumes;information compiled by employer regarding qualifications of applicant, results of any testing, reports by employer or law enforcement officials, or other individuals concerning the hiring, promotion, performance, conduct or background of applicants or employees; information in employee's file wich relates to performance, conduct, race, sex, religion, disability or date of birth; home telephone #, home fax or home email address; all infomation concerning the voluntary or involuntary termination or SSN or any other identifying numbers. This is for Nevada, at any rate.

Don D · February 2003

Sounds like a personnel file to me. What's left?

terryb · February 2003

Timesheets.

MarilynR · February 2003

We keep our time sheets separate also. I guess my question is, what info would a potential buyer need to see, and what can they legally not see (to protect our employees.)

Don D · February 2003

There's quite a lot of difference between 'potential buyer' and 'owner'. I would not allow a potential anything to see a file. An organizational chart is about as far as I would suggest going. They can interview or canvass the troops if they want to work that out; however, giving them access to your personnel files is outrageous. Financials, sure, they have to have those to make a decision. Contact your corporate attorney for guidance.

MarilynR · February 2003

Thanks for the advice. I feel much better knowing that someone sees this the same way I do.

Allan · February 2003

This is informative for the public sector and municipalities, However I am the manager of a very large Condo Property in NJ. I have Owner residents requesting Wage info. on all employees. Does anyone know their right to know? or the employee's right to privacy?

Don D · February 2003

What do you mean by 'owner residents'. Are these simply people who have bought one of the units or share ownership of one? I would not give them any information on employees unless they were part of the management chain of command and you answer directly to them, perhaps the Board Of Directors who set your salary. Surely the bylaws of the corporation might give a clue as to has what level of control and decision making capability over the corporation. Otherwise, you might as well post all that information on the board down by the pool. It's more of a common sense issue than a privacy issue. If it doesn't make sense, don't do it.

Allan · February 2003

Owner residents is refering to homowners within the developement. Not share holders as in Co-op.

Privacy Issues?

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