The State of Tennessee Comptroller's
office open records counsel has weighed in on the actions of interim
city manager Steve Hill concerning the removal of items from his own
city of Crossville personnel file.
Interim city manager Steve Hill
After the incident that reportedly occurred
on August 30 when manager Hill ordered city HR administrator Leah
Crockett to remove several disciplinary items from his file that were
placed there during his time as director of parks and recreation and
give them to him. The Municipal Technical Advisory Service (MTAS)
was contacted about several aspects of the action as the files are
considered public records.
MTAS consultant Elisha Hodge who
previously served as the state's open records counsel wrote to the
city records custodian, city clerk Sally Oglesby, “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. 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once it expires or if it is rescinded, but I do not think that the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 current comptrollers office open
records counsel Ann Butterworth wrote to Oglesby in an email saying,
“I reviewed the advice given by MTAS regarding the oral reprimands
in an employee file. It appears to be that the city policy only
directs where the record is to be stored and not when it is to be
destroyed. I am assuming the reference is to a written or recorded
record of an oral reprimand. Since the city has not adopted separate
retention schedules the city needs to comply with MTAS recommended
schedules.”
The MTAS schedule K-35 indicates that
personnel files should be retained for 7 years post termination.
Based on earlier information, city
attorney Will Ridley previously advised Mr. Hill to return the
removed documents to his personnel file. When checked last week, the
documents had not yet been returned to the file.
It is unclear what, if any repercussions may come from Hill's actions.
Previous articles:
MTAS recommends changes to personnel file oversight and document retention in light of recent events
No comments:
Post a Comment