Employee Personnel Records

  • Any document addressing an employee's work performance or behavior may be placed in the official personnel file only with the employee's acknowledgment by signature that it has been read. 
    • If the employee refuses to sign the file copy, the agency head or designated representative, in the presence of the employee and a witness, shall sign, date and indicate on the copy that the employee was shown the material, was requested to verify by signature that the material was read, and refused to sign the file copy.
    • An employee's response to material filed must be attached to the file copy.
  • Material found to be without merit or unfounded through an established grievance procedure must be removed from the file and may not be used against the employee.
  • Personnel records and medical records must be kept separate from each other.
    • Any medical records or records pertaining to use of an employee assistance program are confidential and are not to become part of an employee's personnel record. 
  • Informal notes or records of an employee's performance used for the purpose of preparing evaluations or disciplinary actions should be kept separate from the personnel file.
  • The employee or a designated representative must be permitted to review the official personnel file by appointment during normal business hours. Reviewing the file must be supervised. A copy of any document must be provided if requested; an agency may charge a fee.
  • Personal information, as detailed in NDCC 44-04-18.1, may not be released without the written consent of the employee.

Recommendations

  • Administrators are encouraged to place information of a positive nature in an employee's personnel file.

References

NDCC 44-04-18.1
NDCC 54-06-21
NDCC 54-52.1-11
Office of Attorney General Open Records Guide