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PERSONNEL
RECORDS
Orderly administration of
the school district and compliance with state and federal law require the
compilation of information about all employees of the district. The Board of Education recognizes that
there is a distinction
between those personnel records that are clearly a matter of public concern,
and those that must be considered privileged until such time as they are opened
to the public by the commissioner of education or the courts.
The Superintendent of
Schools shall consult with the Board attorney regarding which personnel records
are mandated to be kept
by law, and those to be kept for administrative purposes. The Superintendent
and the Board attorney shall be responsible for limiting administrative records
to those that are consistent with New Jersey and federal law.
The Superintendent of
Schools shall establish the necessary regulations for maintaining both public
and confidential employee records.
A. The
public file shall consist of an alphabetic index of all those presently
employed by the district in whatever capacity.
The information in this file shall be limited to name, title, position,
salary, payroll record, length of service, and, if applicable, date of
separation and rehire. The
Superintendent shall devise procedures for making this file available to the
public in accordance with the Public Right to Know Law.
B. The
confidential file shall consist of an individual personnel folder for each current
employee.
The
information in this file shall include all records mandated by state and
federal law; evaluation
of
performance; record of attendance; original application filed by the employee;
original salary and increments; date of tenure; notations of commendation and
disciplinary actions consistent with law.
This
file is available for examination:
1. At any time, by the Superintendent or the
supervisory personnel he/she designates;
2. During regular
business hours, by the employee or his/her personally authorized
representative, in accordance with regulations;
3. During regular business hours, or at any
meeting of the Board or any committee thereof, by any member of the Board when
necessary to make an informed decision regarding any assigned Board
responsibility or duty. The Board will
follow Policy 9324.1 when making decisions concerning Board member’s access to
personnel files.
C. Employee health records shall be maintained separately from other personnel files and in strict confidentiality. Only the employee, the chief medical inspector and the Superintendent shall have access to an employee’s medical file. To assure ready access in a medical emergency, the section of the medial record that contains the health history may also be shared with the building principal and the school nurse with the consent of the employee.
D. Staff emergency contact cards for all employees shall be
maintained by the Superintendent and updated annually.
Date: October 8, 2002
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PERSONNEL RECORDS POLICY:
4112.6
_____________________________________________________________________________
Legal References: N.J.S.A. 18A:6‑7 Oaths of persons employed in teaching capacities
N.J.S.A. 18A:6-7 A
removal from personnel files of reference to complaint of child abuse or
neglect determined to be unfounded
N.J.S.A. 18A:6‑11 Written charges; written statement of evidence;
filing; statement of position by employee; certification of determination;
notice
N.J.S.A. 18A:11‑1 General mandatory powers and duties
N.J.S.A. 18A:54-20 Powers
of Board (county vocational schools)
N.J.S.A. 47:1A et seq. Examination and copies of public
records (Public Right to Know Law)
N.J.S.A. 47:3‑15 et seq. Destruction of Public Records Law
N.J.A.C. 6:3-4A.1 et seq. School
Employee Physical Examinations
See
particularly:
N.J.A.C. 6:3-4A.3, -4A.4(f)
N.J.A.C. 12:100-4.2 Safety
and health standards for public employees occupational exposure to blood borne
pathogens
(Adoption by reference)
29 CFR
1910.1030 – Blood borne Pathogen Standard
Executive
Order No. 9, September 30, 1963; modified by
Executive Order No. 11, November 15, 1974
Citizens for
Better Education v. Camden Bd. Of Ed.,
124 N.J. Super. 523
(App. Div. 1973)
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PERSONNEL RECORDS POLICY: 4112.6
______________________________________________________________
Trenton Times
Corp. v. Trenton Bd. Of Ed., 138 N.J.
Super. 357 (App. Div. 1976)
Nero v.
Hyland, 76 N.J. 213 (1978), rev’d 146 N.J. Super.
46 (App. Div. 1977), 136
N.J. Super. 537 (Law Div. 1975)
Brick Township
Education Association v. Brick Township Bd.
Of Ed., 1974 S.L.D. 111
Sayreville Education Association
v. Sayreville Bd. Of Ed., S.L.D. 197
White v.
Galloway Township Bd. Of Ed., 1977 S.L.D.
900, aff’d St. Bd. 1977 S.L.D. 903
Witchel v.
Cannici and the Passaic Bd. Of Ed.,
1966 S.L.D. 159
Mendell v.
Cimmino and the Kinnelon Bd. Of Ed.,
1970 S.L.D. 185
Cordano v.
Weehawken Bd. Of Ed., 1974 S.L.D. 316,
appeal dismissed St. Bd. 1974 S.L.D. 323
Horner v.
Kingsway Regional Board of Education, 1990 S.L.D.
752
Lacey Township
Board of Education v. Lacey Township Education Association, 130 N.J. 312
(1992)
Beatty v.
Chester 1999 S.L.D. August 31
Ciambrone
v. Bloomingdale 2000 S.L.D. May
Cross References: 3570 District records and reports
4111 Recruitment, selection and hiring
4112.4 Employee health
4115 Supervision
4116 Evaluation
5141.4 Child abuse and neglect
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