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600 E Boulevard Ave
Dept 113
Bismarck, ND 58505-0120

Phone · 701.328.3290
Fax · 701.328.1475
Email · hrms@nd.gov

Employment Verification · 701.328.2677

Managers: Laws and Rules

Employee Personnel Records

Any document addressing an employee's character or performance may be placed in the official personnel file only with the employee's acknowledgment by signature that it has been read. The signature does not signify agreement with the contents.

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 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 answer to material filed must be attached to the file copy and may not be used as a basis for subsequent adverse personnel action.

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. Supervisors, managers, first aid and safety personnel, and government officials investigating compliance with the Americans With Disabilities Act may be informed regarding medical records.

Notes or records of an employee's performance used for the purpose of preparing evaluations or disciplinary actions may 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.

The employee must be permitted to reproduce any material in the file at the employee's expense.

An employee may file a grievance on nonevaluation material in the file.

A record of access must be maintained by the employing agency and provided to the employee upon examination of the file.

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

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