Oregon Administrative Rules › Chapter 166 - SECRETARY OF STATE, ARCHIVES DIVISION › Division 450 - COMMUNITY COLLEGES › Section 166-450-0090 - Personnel Records

Current through Register Vol. 63, No. 7, July 1, 2024
The General Schedule is applicable to the personnel records of
				community colleges. Retention periods apply to the official copy of all public
				records, regardless of medium or physical format, created or stored by the
				above specified agencies. Please note the exceptions to this General Schedule
				listed in OAR 166-030-0027  before disposing of
				records.
(1)
Affirmative
			 Action/Equal Opportunity Records
: Records document compliance with
			 statutes and regulations of the US. Equal Employment Opportunity Commission
			 including affirmative action. Records may include but are not limited to plans,
			 updates, policy statements, reports, discrimination complaints, hearing and
			 meeting records, supporting documentation, and other records described in   29
			 CFR 1613.222 . (Minimum retention: Final Plans: 15 years after superseded; Equal
			 Opportunity plans, updates and policy statements: 50 years; complaint records
			 and documentation: three years after final decision; Other records: three
			 years).
(2)
Bargaining Unit
			 Records
: Records document negotiations and contractual agreements
			 between the institution and bargaining units and are also used for labor
			 relations planning. Records may include but are not limited to union contracts
			 and amendments; tentative agreements; arbitrators recommendations; negotiation
			 work notes; strike contingency plans; management counter proposals; negotiation
			 updates; newspaper clippings; press releases; research background material;
			 employee classification printouts; Fair Share records; minutes, sound
			 recordings, exhibits and reports of meetings; published manuals; and
			 correspondence. (Minimum retention: Official copy: 20 years; Published manual:
			 Until superseded).
(3)
Classification Specification
			 Records
: Records document the development of the specification for each
			 personnel position at the college. The records may include but are not limited
			 to job analysis; classification specifications; position evaluations; position
			 descriptions; and correspondence. (Minimum retention: five years after
			 classification inactive or revised).
(4)
Collective Bargaining
			 Records
: Records document collective bargaining between the college and
			 bargaining unit(s). The records may include but are not limited to union
			 contracts and amendments; tentative agreements; management counter proposals;
			 arbitrator's recommendations; negotiation work notes; strike contingency plans;
			 newspaper plans; newspaper clippings and press releases; research material;
			 employee classification and compensation printouts; and correspondence. May
			 also include conciliation, mediation, and grievance related records. (Minimum
			 retention: Contracts: 50 years; Contract development records: 30 years;
			 Grievance arbitration decisions: 30 years).
(5)
Compensation Plan Records
:
			 Records document the development, operation and maintenance of the college's
			 personnel compensation plans. The records may include but are not limited to
			 compensation plans; salary surveys; pay tables; merit matrixes; pay range
			 tables; and correspondence. (Minimum retention: Compensation plans: five years
			 after superseded; Other records: one year).
(6)
Criminal History Check
			 Records
: Records document the criminal record checks made on students,
			 staff and volunteers. Records consist of a form sent to the Department of Human
			 Resources or Employment Department, Child Care Division to check the Oregon Law
			 Enforcement Data System (LEDS) for the existence of criminal records for staff,
			 students or volunteers. The criminal history form shows name and other
			 identifying information about the student, volunteer, or staff member,
			 indication of existence or absence of criminal record, and related information.
			 SEE ALSO: Recruitment and Selection Records this section.
Information
			 may be exempt from public disclosure per ORS
			 192.502(2)
.
			 (Minimum retention: two years).
(7)
Employee Benefits Records
:
			 Records document individual employee benefit information such as selection of
			 insurance plans, PERS status and other benefit program information. Records
			 include but are not limited to insurance plan selection and application forms
			 and enrollment cards; voluntary payroll deduction authorization forms;
			 deduction termination forms; PERS enrollment and benefit designation forms;
			 deferred compensation plan enrollment forms; and correspondence. SEE ALSO:
			 Payroll Records section.
Portions may be exempt from public disclosure
			 per ORS 192.502(2)
.
			 (Minimum retention: PERS Enrollment records: 75 years; Other records: two years
			 after employee separation or eligibility expired).
(8)
Employee Medical Records
:
			 Records document individual employee work related medical history. The records
			 may include but are not limited to medical examination records --
			 pre-employment, pre-assignment, or episodic; X-rays; records of significant
			 health or disability limitations related to job assignments; documentation of
			 work related injuries or illnesses; hazard exposure records; first aid incident
			 records; physician statements; drug test records; release consent forms; and
			 correspondence.
These records must be kept physically separate from the
			 employee personnel files as required by the Americans with Disabilities Act.
			 Portions may be exempt from public disclosure per ORS
			 192.502(2)
.
			 (Minimum retention: Hazard exposure records: 30 years after separation, or as
			 specified by   29 CFR 1910.20 ; Other records: three years after
			 separation).
(9)
Employment
			 Eligibility Verification Forms (I-9s)
: Records document the filing of
			 I-9 forms which verify that applicant and employees are eligible to work in the
			 United States. These forms may be kept in Individual Employee Personnel Files
			 or in a separate file for ease of reference. The records consist of U. S.
			 Immigration and Naturalization Service Form I-9. Information includes employee
			 information and verification data -- citizenship or alien status and signature;
			 employer review and verification data documents which establish identity and
			 eligibility, and employer's signature certifying that documents have been
			 checked. (Minimum retention: The longer of three years or one year after
			 employee separation).
(10)
Grievance Records
: Records
			 document grievances brought by or against faculty, staff, students, and people
			 from outside the college. Grievances may be resolved formally or informally at
			 the departmental level or they may be referred or appealed to a variety of
			 offices, depending on the grievance, issues, and persons involved. Records may
			 include but are not limited to notice of grievances; informal discussions
			 notes; formal hearing notes (including audio tapes); final summary statements;
			 appeals documentation and correspondence. SEE ALSO: Student Grievance Records
			 in the Student Records section, and Bargaining Unit Records, Collective
			 Bargaining Records, and Affirmative Action/Equal Opportunity Records this
			 section.
Information may be exempt from public disclosure per
			 192.502(2)
.
			 (Minimum retention: five years after resolved).
(11)
Individual Employee Personnel
			 Records
: Records document individual employee work history. Records may
			 include but are not limited to applications; notices of appointment; training
			 and licenser (certification) records; records of health limitations; salary
			 schedules; personnel actions; performance evaluations; teacher evaluation
			 reports; letters of commendation and recommendation; letters of reprimand;
			 notices of disciplinary action; notices of layoff; letters of resignation; home
			 address and telephone disclosures; emergency notification forms; oaths of
			 office; and related correspondence and documentation. Records may be exempt
			 from public disclosure per ORS
			 192.502(2). SEE
			 ALSO: Criminal History Check Records, Recruitment and Selection Records,
			 Employee Medical Records, and Employee Benefits Records in this section.
			 (Minimum retention: Employment applications (most recent and first successful),
			 licensure (certification) records, personnel actions, oaths of office, home
			 address/telephone disclosures, emergency notification form (most recent): 75
			 years after date of hire; Complaint and disciplinary records: three years;
			 Other records: three years after separation).
(12)
Recruitment and Selection
			 Records
: Records document the recruitment and selection of college
			 employees. The records may include but are not limited to recruitment and
			 application materials.
Portions may be exempt from public disclosure
			 per ORS 192.502(2)
.
			 (Minimum retention: Unsolicited applications: three months; Other records: two
			 years).
(13)
Staff Training
			 Records
: Records document the activities involved in developing and/or
			 providing in-service and other training to college staff and faculty. Records
			 may include but are not limited to flyers; calendars; credit records to
			 document receipt of funds based on the participation; class enrollment and
			 attendance records; copies of contract instructor agreements; and
			 correspondence. The student academic database holds the records of academic
			 courses, workshops, and training sessions which faculty and staff may attend.
			 (Minimum retention: five years).
(14)
Wellness Program Records
:
			 Records document the development and operation of the college's wellness
			 program. The records include but are not limited to program statements; health
			 surveys; health and committee records; newsletters; workshop and seminar
			 records; and correspondence. (Minimum retention: three years).
Stat. Auth.: ORS 192 & 357
Stats. Implemented: ORS
				  192.005 -
				  192.170 &
				  357.805 -
				  357.895