The Municipal Technical Advisory
Service (MTAS) has made some recommendations in connection with the
recent action of interim city manager Steve Hill removing records
from his personnel file of the time he was director of Parks and
Recreation.
After reviewing the city charter and
ordinances, MTAS Human Resources Consultant John Grubb said that it
is his opinion that under the current situation, the city manager is
in charge of personnel records, including his own, and that the city
clerk is in charge of public records requests and the production of
of handling those requests, including for personnel files.
Human Resources Administrator Leah
Crockett sought some additional clarification from Mr. Grubb
including what procedure should be used for a city manager to
maintain his or her own file and should action memos and reprimands
be removed from the file on the timeline in the city's personnel
policy and is that policy in line with open records regulations?
Mr. Grubb responded that the city
manager is in charge of all personnel files including his/her own.
He further states, “The city may choose to adopt an ordinance to
change who is in charge for future purposes.”
Mr. Grubb forwarded the remainder of
the question to Elisha Hodge. Ms. Hodge was formerly the open
records counsel for the Tennessee Comptroller's office and now works
for the Institute of Public Service of MTAS.
“I do not advise that any
disciplinary record be removed from a personnel file or destroyed
until such time as the records retention schedule calls for the
destruction of the record,” wrote Ms. Hodge. “I agree, there
might be some additional documentation that needs to be attached to
the discipline once it expires or if it is rescinded, but I do not
think that the original discipline needs to be removed or destroyed
until the retention period runs,” she concluded.
The MTAS recommended retention schedule
for personnel files is for 7 years after termination and any medical
records or (environmental) exposure records for 30 years. Documents
in a file that include demotion, transfer, layoff or termination
should be retained for at least 5 years. It is also noted that the
statue of limitations on personnel actions is 5 years.
City Clerk Sally Oglesby is seeking an
opinion from the current comptroller open records counsel on the
matter as well.
Oppos, looks like maybe Steve Hill may not be trustworthy after all.
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