Board of Directors and Personnel Files-ASAP

Pammy · March 2004

[font size="1" color="#FF0000"]LAST EDITED ON 03-22-04 AT 02:40PM (CST)[/font][br][br]My question is: Do Board of Directors in Arizona have rights to view personnel files or timesheets of Company employees? The bylaws state that the Director is in charge of the employees. But the Board is in charge of the Director. If they insist to see them, is this a violation of the employees privacy? Thanks!!

SMace · March 2004

I have a couple of questions before I can answer. Are you a private employer, what exactly do they want to see and why?

Pammy · March 2004

We are a Chamber of Commerce. Funded by our members. They want to see timesheets, employee records and absenteeism reports. I am still unsure on why they want to see this. I think someone is trying to "flex" their muscles.

MS HR · March 2004

depends on AZ state laws regarding privacy of personnel records.
my guess tho would be that they would be entitled as they are 'the (eventual) supervisors. '

SMace · March 2004

I didn't know that state laws addressed BOD rights to see personnel files. They do address ee's rights to see their files and after a quick search, AZ does not have a law regarding that. I would be concerned why they want to see the files and make darn sure the director knows they are asking for them and gives the OK. Timesheets seem very relevant, since they are ultimately responsible for the financials. Absence reports should not contain any medical information. I would make sure they understand that if they do find out personal information about an ee, they could have liability issues if the information becomes public.

System · March 2004

Whether or not they can view the files depends on state law also. If it turns out they can view the file, have some guidlines. For example, they must identify what documents they want to see, and they may view those in your presence, they can not make copies of documents, etc.

Of course, if you suspect malice, the answer is 'no' without legal consent.

JEBtrois · March 2004

This is really micromanagement at its worst. In many respects, this issue is really not about whether or not the BOD should have access to personnel records. It is really about how they interact with the Director/GM/Administrator or whatever you call it. The Board really only has one employee, and that is the Administrator/Director; everyone else reports to that Director. If there are personnel issues and/or questions, those should be directed to the Director who will in turn, review and make recommendations. Bypassing management and going directly to the files and/or operations is not the role of a Board and, in effect, it relegates the Administrator to a role of Executive Assistant to the Board as opposed to a real management role. The board needs to hold the Director accountable for overall performance, and if they doubt that performance, ask for overall summaries directly from HR, but they don't really need to see individual timecards etc. This happens a lot in school systems and other bureaucratic organizations where Boards are not provided regular education on the difference between governance and management. This is just my opinion, but it is supported by years as a manager reporting to a board.

AnneHa · March 2004

Amen. Well said, JEBtrois.

When I first started this job we had a director vs BOD feud raging. I was caught in the middle so many times that I dreaded coming to work for a while. Fortunately, a new director and new board members have turned this whole thing around and a true environment of trust has evolved.

I really do love my job! x:-)

Anne in Ohio

KathiHR · March 2004

I can't even imagine why board members would want to spend the time going through personnel files looking for specific information. I report to a board & they want my reports, not to have to look up the info themselves. Are there some reports that they could get from you that would provide them with the info they want without them flipping through personnel files? Hours & absenteeism could be given to them in report format & seem like legitimate info to monitor.

Dasher · March 2004

I think JEBtrois' posting is right on the money. Sounds like your Board may need training on their responsibilities. They do not have a "right" to view personnel records of individual employees and I can not imagine why they would be asking to do so.

As a not-for-profit organization, our Board of Directors is elected from members of the community we serve. The bylaws require the Board to set policy and hire the General Manager. The G.M. hires and is responsible for staffing. A Board wishing to view all individual personnel files is usurping the duties of the G.M. If a Board member would ask me for a personnel file, I would direct them to the General Manager.

As an aside:
We just fired a manager who thought he could go over the hiring authority of the G.M., by going directly to the Board and making a "business proposition" for a promotion. To the credit of the Board they read him the riot act. When these types of lines are not properly drawn they can create all kinds of problem.

Board of Directors and Personnel Files-ASAP

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