Palm Desert Municipal Code Art. XI Personnel Files

A. Central Personnel Files. The department of human resources will maintain a central personnel file for each city employee indicating the employee's name, title of position, the department assigned, salary, changes in employment status, performance evaluations, disciplinary documents and such other information as may be considered pertinent by the director of human resources.

Personnel files shall be kept in locked files located in the human resources department.

B. Disciplinary Actions. Copies of documents concerning disciplinary actions taken by a supervisor or department manager must be placed in the employee's central personnel file. There will be no disclosures of this information to third parties except as authorized by state or federal law, as required by court order, or as duly authorized in writing by the employee.

C. Medical Information. All employee or applicant medical information will be kept in separate, confidential files located in the human resources division and in compliance with the Americans with Disabilities Act and the California Confidentiality of Medical Information Act.

"Medical information" means any information that identifies the employee or applicant and pertains to his or her medical history, mental or physical condition, or treatment. The city will not obtain employee or applicant medical information without prior written authorization from the employee or applicant who is the subject of the information.

The city will not disclose employee or applicant medical information without prior written authorization from the employee or applicant who is the subject of the information, unless the city is required to make such disclosure pursuant to the requirements of the California Confidentiality of Medical Information Act, in which case it may make the disclosure without employee or applicant authorization.

In any case, the city will release only the specific medical information that is identified in the employee or applicant's authorization or that is specifically required for compliance with the Confidentiality of Medical Information Act.

Access to employee or applicant medical information shall be strictly limited to only those with a legitimate need to have such information for city business reasons.

In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.

D. Payroll Files. The finance department will maintain a file for each city employee showing the name, title of position, the department assigned, salary, change in employment status, W-4 forms, payroll deductions, and such other information as may be considered pertinent by the finance director.

There will be no disclosures of this information to third parties except as authorized by state and federal law, as required by court order, or as duly authorized in writing by the employee to third parties.

E. Employee Access to Documents in Personnel Files. An employee shall be provided a copy of any documents placed in his or her personnel file(s), and may review his or her file on request.

Upon request, an employee may place documents in his or her personnel file that commend his or her job performance with the city or demonstrates educational attainment.

Disciplinary documents shall be placed in personnel files in accordance with applicable city policies. Employees may be required to pay a reasonable fee for copies of their payroll and/or personnel file documents.

F. Access to Files. No person other than the employee, city manager, city attorney, the city's legal counsel, human resources, the employee's hiring department manager, or their immediate supervisor shall have access to an employee's central or department personnel file without prior written consent from the employee.

No person other than the finance director, assistant finance director, payroll division staff, city manager, city attorney, or the director of human resources shall have access to an employee's payroll file.

G. Disclosure of Information. Upon request, the city may disclose information to the public regarding the city's employees as required by state or federal law. The city will not disclose information that it believes, in its discretion, would violate employee privacy.

Unless required by state or federal law, or by court order, no information contained in an employee personnel file shall be disclosed concerning any current or former city employee other than the employee's job title, inclusive dates of employment, work location, salary, and departmental assignment, to any third party without the employee or former employee's written consent specifically identifying the information to be released. Only the human resources department may release information under this policy.

H. Changes in Status. It is the employee's responsibility to notify the human resources department of any changes in his or her address, phone number, marital status, dependent status, name change, training certificates, or other pertinent information.

I. Application Retention. Applications submitted by candidates for city employment become the property of the city and must be retained for at least three years.

J. Destruction of Personnel Records. Personnel records, including employment applications, shall be destroyed only in accordance with the provisions of the city's system for the destruction of public records and then in accordance with applicable state and federal law.

(Ord. 1072, 2004)