Section 10
Personnel Records
Section 10.1
Personnel Records
A. Access, duplication, dissemination, and destruction of personnel records procedures will comply with the Ohio Department of Developmental Disabilities Rule 5123:2-1-02 and the Public Records Act, Ohio Revised Code 149.43.
B. Procedures that address access, duplication, dissemination, and destruction of personnel records will be maintained by the Human Resource Director. All staff having any responsibility for maintaining personnel information will be informed of these procedures.
C. Personnel Records shall include, but not be limited to:
1. Name, permanent and current address, phone number
2. Emergency notification information, including name, address, home and work phone number
3. Job description, civil service classification (if applicable).
4. Record of permanent or temporary certification of license, as applicable
5. Record of sick leave and vacation
6. Record of physical examination, current within three (3) years.
7. Bus driver annual physical examination form, as applicable.
8. Records of in-service training
9. Personnel action forms
10. Annual written performance evaluations signed by the immediate supervisor, Superintendent, and the employee indicating the employee’s awareness of the evaluation. Other evaluation methods may be used in addition to the required written evaluation. Performance evaluations on unclassified employees shall be based on the requirements of the position.
11. Payroll information
12. Retention record requirements
13. Application forms
D. An employee shall have a right of reasonable inspection during non-work time of his or her official personnel file. All personnel files are permanently retained by the Jefferson County Board of DD. An employee who wishes to review his or her personnel file may do so by contacting the Human Resource Director for an appointment.
E. Employees must advise the administrative office of any change in name, address, marital status, telephone number, number of withholding allowances claimed for tax purposes, citizenship, or emergency contact.
F. In order to perform daily business transactions for the Jefferson County Board of DD, the following positions shall have access to the personnel files: Superintendent, Human Resource Director, Director of Finance, and administrative staff office personnel. Program supervisory personnel shall also have access to the personnel files of those employees working in their particular department.
Original Adoption Date 2/18/99 Approved 2/18/99
Section 10.1.1
Dissemination of Personnel Records
Introduction:
Pursuant to Section 149.43 of the Ohio Revised Code, the Jefferson County Board of DD hereby adopts this public records policy. It is the policy of the County Board that openness leads to a better informed citizenry, which leads to better government and better public policy. It is the policy of the County Board to adhere to the state’s Public Records Act.
A. Public Records
1. In accordance with the Ohio Revised Code, the County Board defines records as: Any document, device, or item—paper, electronic (including, but not limited to email), or other format—that is created or received by, or comes under the jurisdiction of the County Board, which documents the organization, functions, policies, decisions, procedures, operations, or other activities of the County Board. Records regarding individuals with developmental disabilities who are eligible for services from or who are served by the County Board are not public records and will be disclosed in accordance with state and federal law.
a. It is the policy of the County Board that, as required by Ohio law, records will be organized and maintained so that they are readily available for inspection and copying (See also Section 4 for the email record policy). Record retention schedules will be updated regularly and posted prominently at the County Board’s administration office along with Jeffco Workshop, Jeffco Training Center, Shaffer Plaza, Maintenance and Transportation.
B. Record Requests
1. A requester must at least identify the records requested with sufficient clarity to allow the County Board to identify, retrieve, and review the records. If it is not clear what records are being sought, the County Board may deny a request but will provide the requester an opportunity to revise the request by informing the requester of the manner in which records are maintained by the County Board and accessed in the ordinary course of the County Board’s business.
2. The County Board may ask a requester to make the request in writing, may ask for the requester’s identity, and may inquire about the intended use of the information requested, but may do so only after disclosing to the requester that a written request is not mandatory, that the requester may decline to reveal the requester’s identity or the intended use, and when a written request or disclosure of the identity or intended use would benefit the requester by enhancing the ability of the County Board to identify, locate, or deliver the public records sought by the requester.
3. Public records will be available for inspection during regular business hours, with the exception of published holidays. The County Board’s regular business hours are 8:00 a.m. to 4:00 p.m., Monday through Friday, although these hours may change from time to time. Public records will be made available for inspection promptly. Copies of public records will be made available within a reasonable period of time. “Prompt” and “reasonable” take into account, among other things, the volume of records requested; the proximity of the location where the records are stored; and the necessity for any legal review of the records requested.
4. The Ohio Revised Code contains certain exemptions from disclosure. With respect to each request, the County Board will determine whether an exemption applies to prohibit disclosure or permit non-disclosure of the requested records. If a record contains information that does not constitute a public record in accordance with federal or state law, such information will be redacted. The County Board will make the redaction plainly visible or notify the requester of the redaction. When a redaction is required or authorized by state or federal law, it is not considered a denial of a request. A denial of public records in response to a valid request will be accompanied by an explanation, including legal authority, as required by the Ohio Revised Code. If the request is in writing, the explanation must also be in writing.
C. Costs for Public Records
Those seeking public records will be charged only the actual cost of making copies.
1. The charge for paper copies is 10 cents per page.
2. The charge for downloaded computer files to a compact disc is $2.00 per disc.
3. There is no charge for documents emailed.
4. Requesters may ask that documents be mailed to them. They will be charged the actual cost of the postage and mailing supplies.
D. Email
Documents in electronic mail format are records as defined by the Ohio Revised Code when their content relates to the business of the County Board. Email is to be treated in the same fashion as records in other formats and will follow the same retention schedules.
1. Records in private email accounts used to conduct public business are subject to disclosure, and all employees or representatives of the County Board are instructed to retain their emails that relate to public business (see Section 1 Public Records) and to copy them to their business email accounts and/or to the County Board’s records custodian.
2. The records custodian will treat the emails from private accounts as records of the public office, will file them in the appropriate way, will retain them pursuant to established schedules, and will make them available for inspection and copying in accordance with the Public Records Act.
E. Disclaimer
Notwithstanding the existence of this policy, the County Board hereby informs the public that it shall comply with the requirements of the Ohio Public Records Act, including, but not limited to, Section 149.43 of the Ohio Revised Code, and that the provisions of the Ohio Public Records Act, and any amendments thereto, supercede and take precedence over this policy. The County Board retains the right to amend this policy at any time in accordance with the Ohio Public Records Act.
Original Adoption Date 2/18/99 Revised & Re-adopted 9/27/07
Jefferson County Board of DD
Public Records Policy
The Board acknowledges that it maintains many records that are used in the Board’s administration and operation. The records maintained by the Board and the ability to access them are means to provide trust between the public and the Board.
The Board maintains its records in a manner which allows the Board to provide the general public prompt inspection of the Board’s public records, and copies of these records within a reasonable amount of time during its regular business hours from 8:00 a.m. to 4:00 p.m. (Monday through Friday).
The Board has a Public Records Policy (Section 10.1.1) and Schedule of Records Retention. If you cannot find either of these documents, please consult with one of our employees and they will provide you with a copy.
Section 10.2
Bulletin Boards
A. It is the policy of the Jefferson County Board of DD to maintain all facility bulletin boards as a means of communicating information to employees.
B. All material that is to appear on the Board’s bulletin boards shall be posted and removed by the facility designated representative in which the bulletin board is located.
All agency, federal, and state required notices, and other legally required notices shall be posted in an area visible to all employees.
C. Information of a general public interest may be posted by the designated representative, if the information does not contain the following:
1. Personal attacks upon any employee or public officials
2. Scandalous, scurrilous, or derogatory attacks on the Board, Superintendent, supervisors, or other personnel or the agency
3. Comments regarding candidates for public office
D. The following procedures shall be followed concerning the posting of any materials of the agency’s bulletin boards:
1. All requests to have materials posted shall be in writing to the designated representative, and shall contain the name of the person or group requesting to post the material, a copy of the material to be posted, and the requested period of time the material is to be posted.
2. The designee shall provide to the requestor a written approval or disapproval of the request by the end of the next scheduled work day.
3. No material will be posted for a period of time which is longer than fourteen (14) calendar days.
4. At the end of the fourteen (14) day period, or the specified time, whichever is the lesser, the designee shall remove the posted material.
E. Any material posted in violation of this policy shall be removed from the facility bulletin boards.
F. Violators of this policy shall be subject to disciplinary action as specified in the agency’s discipline policy.
Section 10.3
Retention of Board Records
The Jefferson county Board of Developmental Disabilities (JCBDD) will maintain current information of all Board records in accordance with applicable laws of the state of Ohio and the Ohio Department of Developmental Disabilities (DODD). JCBDD adheres to the requirements set forth in ORC 140.41, which establishes the guidelines for orderly acquisition, storage, retention, and destruction of agency records.
Record retention guidelines identify particular records and prescribe how long they must be retained before they meet their ultimate disposition (either destruction or transfer to storage). The two main objectives of records retention are the prompt disposal of records whose retention period has ended and the preservation of records which are of long term value.
Definition of Record:
“Records includes any document, device, or item, regardless of physical form or characteristic, including an electronic record as defined in section 1306.01 of the Revised Code, created or received by or coming under the jurisdiction of any public office of the state or its political subdivisions, which serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office. (ORC 149.011 (G))
A. Policy Statement
1. In accordance with the Ohio County Records Manual prepared by the Archives-Library Division of the Ohio Historical Society with revisions appropriate for changes mandated legislatively, or by rule of the DODD, the State Board of Education, or any other licensing entity having appropriate and authorized jurisdiction, the JCBDD shall maintain records in accordance with the JCBDD Records Retention Schedule, RC-2.
2. The Superintendent will designate one person to serve as the Records Officer (RO) who will be responsible for all aspects of records retention and disposition within the Board and serve as liaison with the Jefferson County Records Commission (JCRC).
3. If the Board’s procedures do not outline a specific request or do not contain certain documents, the Board will follow the policy and/or retention schedule of the Jefferson County Board of Commissioners.
B. Procedure-Records Disposal
Prior to destruction of any official records, Certificate of Records Disposal, state form RC-3, shall be completed and submitted to the SCRC for approval; the form is then forwarded to the Ohio Historical Society for approval. Approval for any request for destruction of records may take fifteen (15) days or more to process after forwarding to the Ohio Historical Society.
1. Departments shall follow the records retention schedule adopted in this policy.
2. The designated department staff member shall complete a form RC-3, listing the records that are being recommended for destruction.
3. The request shall be reviewed by the department head and forwarded to the RO for review.
4. The RO shall forward to the JCRC for approval. When approval from the Ohio Historical Society is indicated, the RO shall return the form RC-3 to notify the department that the identified records have been approved for destruction.
5. The designated department staff member shall forward all records listed on the RC-3 to the RO in appropriately marked boxes, bins, envelopes, or other such secure containers. Each category of records (as identified on the RC-2 form) shall be grouped and labeled. The RC-3 shall be submitted along with the containers to the RO.
6. The RO shall acknowledge receipt of all containers of records submitted and verify the contents against the approved list. If the contents of the containers are not accurate, all records shall be returned to the originating department for further review and re-processing.