Glenbard Township High School District 87
Policy 5:150-R1
General Personnel
Administrative Procedure – Personnel Records
Pre-employment records include:
 Job application forms
Transcripts
Previous work experience
References
Such other relevant information as the District desires of applicants for screening purposes
Records for unsuccessful job applicants are maintained in two categories. The District retains solicited applications and supporting documents for at least one year from the date the record was made or any personnel action was taken, whichever is later. Unsolicited applications and supporting documents shall be retained one year from the application date.
Employment records include:
Dates of employment
Records maintained pursuant to regulations of the Internal Revenue Service
Records maintained for the Illinois Teachers' Retirement System or the Illinois Municipal Retirement System
Criminal background investigation papers
Form I-9 required by the Immigration and Naturalization Service under the Immigration Reform and Control Act
Signed “Acknowledgement of Mandated Reporter Status” Form
Payroll information and deductions• Credit release information
Sick leave data
Leaves of absence data
Vacation data (where appropriate)
Valid certificate for services being performed
Transcripts of graduate work completed after the effective date of employment credit for in-service work completed
Relevant health and medical records, including the verification of freedom from tuberculosis
Employment health and medical records
Supervisory evaluations
Promotions
Disciplinary actions
Personal leave
Awards received
Letter of resignation or retirement
Notice of discharge
Any additional information the Administration deems to be relevant to the person's job and continued employment in the District
This information shall be maintained permanently for all employees and former employees of the District unless the Local Records Commission's approval is obtained to dispose of them.
An employee is granted access to his or her personnel records in accordance with applicable law or as otherwise provided for in a collective bargaining agreement. Access to the employee's personnel records shall be according to the following guidelines:
1. The employee must submit a written request to inspect his or her personnel records to the Superintendent or the Superintendent's designee.
2. The Superintendent or designee will provide the employee the opportunity for inspection within 7 working days after the request. If such deadline cannot reasonably be met, the District will have an additional 7 days to comply.
3. The employee will inspect the personnel record at the District's administrative office during normal working hours or at another time mutually convenient to the employee and the Superintendent or the Superintendent's designee.
4. Inspection of personnel records will be conducted under the supervision of an administrative staff member.
5. Neither an employee nor his or her designated representative will have access to records which are treated as exceptions in the Illinois Personnel Record Review Act discussed below.
6. The employee may copy material maintained in his or her personnel record. Payment for record copying shall be based on the District's actual costs of duplication.
7. The employee may not remove any part of his or her personnel records from his or her file or may not remove any part of his or her personnel records from the District's administrative office.
8. Should the employee demonstrate his or her inability to inspect his or her personnel records in person, the District will mail a copy of (a) specific record(s) upon written request.
9. Should the employee be involved in a current grievance against the District or involved in any other contemplated proceedings against the District, the employee may designate in writing a representative who has the authority to inspect the personnel records under the same rights as the employee.
10. If the employee disagrees with any information contained in the personnel record, a removal or correction of that information may be mutually agreed upon by the employer and employee. If agreement cannot be reached, the employee may submit a written statement explaining his or her position. The District will attach the employee's statement to the disputed portion of the personnel record and the statement shall be included whenever that disputed record is released to a third party as long as the disputed record is part of the employee's personnel file. Inclusion of any written statement attached to the disputed record in an employee's personnel file without any further comment or action by the District will not imply or create any presumption that the District agrees with the statement's contents.
11. The District will not gather or keep a record in an employee's personnel file of an employee's associations, political activities, publications, communications or nonemployment activities, unless the employee submits the information in writing or authorizes the District in writing to keep or gather such records; provided, however, that nothing herein shall be construed to prohibit the District from gathering or keeping records in an employee's personnel file concerning activities that occur on the employer's premises or during the employee's working hours which interfere with the performance of the employee's duties or activities, or the duties or activities of other employees, regardless of when and where occurring, which constitute criminal conduct or may reasonably be expected to harm the District's property, operations or
educational process or programs, or could, by the employee's actions, cause the District financial liability.
Requests by Third Parties
The Board Attorney shall be consulted whenever a subpoena or court order requests personnel record information. Any other request for personnel information by a third party will be treated as a FOIA request and immediately forwarded to the District's Freedom of information Officer. Concerning a request for a disciplinary report, letter of reprimand, or other disciplinary action:
1. If the responsive record is more than 4 years old, access will be denied unless the release is ordered in a legal action or arbitration. 5 ILCS 140/7.5(q); 820 ILCS 40/8.
2. If the responsive record is 4 years old or less, access will be granted. The District will provide the employee with written notice or through electronic mail, if available, on or before the day any such record is released, unless notice is not required under the Personnel Record Review Act. 5 ILCS 150/7.5(q); 820 ILCS 40/7, amended by P.A. 96-1212.
3. The employee will not be informed if the employee has specifically waived written notice as part of a written, signed employment
application with another employer; the disclosure is ordered to a party in a legal action or arbitration; or information is requested by a government agency as a result of a claim or complaint by an employee, or as a result of a criminal investigation by such agency.
A FOIA request for a performance evaluation will be denied. Required by 820 ILCS 40/11, amended by P.A. 96-1483.
Before replying to a request from a third party, the District will review the requested records and delete or redact material that is protected from disclosure. Required by 820 ILCS 40/8.
Restriction on Employee Access
Section 10 of the Illinois Personnel Record Review Act provides that the right of the employee or the employee's designated representative to inspect his or her personnel records does not extend to:
1. Letters of reference for that employee.
2. Any portion of a test document, except that the employee may see a cumulative total test score for either a section of or the entire test document.
3. Materials relating to the employer's staff planning, such as matters relating to the District's development, expansion, closing or operational goals, where the materials relate to or affect more than one employee, provided, however, that this exception does not apply if such materials are, have been or are intended to be used by the employer in determining an individual employee's qualifications for employment, promotion, transfer, or additional compensation, or in determining an individual employee's discharge or discipline.
4. Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy.
5. Records relevant to any other pending claim between the District and employee which may be discovered in a judicial proceeding.
6. Investigatory or security records maintained by the District to investigate criminal conduct by an employee or other activity by the employee which could reasonably be expected to harm the District's property, operations, or education process or programs, or could by the employee's activity cause the District financial liability, unless and until the District takes adverse personnel action based on information in such records.
Complying with Requirements in the Abused and Neglected Child Reporting Act
The Superintendent will execute the requirement in the Abused and Neglected Child Reporting Act whenever a District employee makes a report to DCFS involving another District employee's conduct. This includes performing the following tasks:
1. Disclose to any school district requesting information concerning a current or former employee's job performance or qualifications the fact that he or she was the subject of another employee's report to DCFS. Only the fact that a District employee made a report may be disclosed.
2. Inform the District employee who is or has been the subject of such report that the Superintendent will make the disclosure as described above.
LEGAL REF.: 5 ILCS 140/
325 ILCS 5/4 and 5/7.4.
820 ILCS 40/.
23 Ill. Admin. Code § 1.660.
DATED: March, 1999
REVIEWED: April 17, 2006
REVISED: May 8, 2006
REVIEWED: November 10, 2008
REVISED: January 12, 2009
REVIEWED: June 13, 2011
REVISED: August 22, 2011
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