AG 1992 05 04 - Laserfiche WebLink

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§153A.9S CH. ~ss.~. COU.~T]ES §153A-98 ]ic inspection and shah Become part of the employee's per- sonnel file. (el) Even if considered part of an employee's personnel fi]e, the fol]o~in=" ~ information need not be disclosed to an emp]o)'ee nor to any other person: (1) Tes~inz or examination mater~a] used solely to determine 5ndiv~ua] qualifications for appointment, employment, or promotion ~n the county's service, when d~sclosure would compromise she objectb'ity or the fairness of%he testing or examination process. (2) InYest~gat~ve repo~s or memoranda and o~her ~nformation concerning the fm'esfigatfon of possible criminal actions of an employee, until the investigation fs completed and no criminal action taken, or until the criminal action ~s con. cluded. (3) Information that might identify an undercover law enforce- ment officer or a law enforcement ~nformer. (4) No~s, preliminary drafts and internal communications concerning an employee. In the event such ma~rfals are used for any o~cial personnel decision, then the emplo),ee or hfs duly authorized agent shah have a right to inspect such materials. (c2) The board of county commissioners may permit access, sub- ject to limitations they may impose, to se]ectedpersonnel files by a professional representath, e of a training, research, or academic in- stitution ii.at person ce~Jfies that he will not re]ease fnformatfon ~dentifyf~g the employees whose files are opened and that the infor- mation ~]1 be used solely for statistical, research, or ~achfng pur- poses. Th~s certification sk~]l be re~fned by the county as long as each personnel file so ex.mined ~s retained. (d) The board of commissioners of a county that maintains per- sonne] files containing information other than ~he information mentioned ~n subsection (b) of this section shall establish proce- dures whereby an employee ~'ho objects to ms.rial in his file on ~ounds that ft is inaccurate or misleading may seek to have the material removed fi'om the file or may place fn the file a statement relating to the material. (e) A public official or emp]o),ee who knowing]y, willfully, and with malice permits any person to have access to information con- tained fna personnel fi]e, except as fs permkted by th~s section, ~s ~flty of a m~sdemeanor and upon conviction shall be fined an amount not more than fiYe hundred dollars ($500.00).. (fl Any person, not specifically authorized by this section'to have access to a personnel file desf~ated as confidential, who shah knowingly and willfully examine fn frs o~cfal filing place, remove or copy any portion of a confidential personnel file shall be guilty of a m~sdemeanor and upon conYfct~on shah be fined fn the discretion of the court but not ~n excess of five hundred dollars ($500.00). (1975, c. ~01, s. 1; 1981, c. 926, ss. 1, 5-8.) 23