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Personnel Records. STEPHEN P. POSTALAKIS Blaugrund, Herbert, Kessler, Miller, Myers & Postalakis, Incorporated spp@bhmlaw.com Ohio Association of County Boards Serving People with Developmental Disabilities Personnel Council September 29, 2010. Ohio Administrative Code §5123:2-1-02(I).
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Personnel Records STEPHEN P. POSTALAKIS Blaugrund, Herbert, Kessler, Miller, Myers & Postalakis, Incorporated spp@bhmlaw.com Ohio Association of County Boards Serving People with Developmental Disabilities Personnel Council September 29, 2010
Ohio Administrative Code §5123:2-1-02(I) • Personnel Records: • Must be accessible to personnel designated by Director of ODMRDD. • Must be subject to a county board policy that addresses access, duplication, dissemination, and destruction. • Must include record of signed statements regarding criminal background checks completed in accordance with R.C. §5126.28.
Personnel Records, cont. • Personnel records must also include • Name, permanent and current address, phone number, and person to notify in case of emergency; • Job description, which includes essential functions of the job, requirements for certification, registration or license, civil service classification, and title as established by DAS, if applicable, unless there is a collective bargaining agreement to the contrary; • Records of accrued and used sick leave and vacation; • Record of permanent or temporary certification, license or registration, as applicable; • Bus driver annual physical examination form, as applicable;
Personnel Records, cont. • Other documents to include: • Records of in-service training; • Personnel action forms; • Annual performance evaluations signed by immediate supervisor, superintendent or his designee, and employee; • Payroll information; • Record retention information; and • Application forms.
What to exclude • Medical Records • Must have a record of a physical examination current within sixty (60) days of date of hire. • A physical examination completed within one (1) year prior to the date of hire is acceptable. • DO NOT keep in the EE’s personnel file. • Keep all medical records in separate confidential file. • Americans with Disabilities Act imposes confidentiality requirement as well.
What to exclude • Additional information to exclude from file: • MUI records. • U.S. Citizenship and Immigration Services Form I-9. • Evidence for lawsuits or other investigations. • Unnecessary material—don’t need everything under the sun.
Questions ??? Thanks for attending!
