06:45:00 Release of Records Information

Purpose

To define “public records” and establish procedures for access and release.

Policy

I. General

Under the provisions of TCA 10-7-503 public records, including personnel records, may be inspected, extracted, or copied by a citizen of Tennessee during normal business hours in accordance with reasonable rules of access and release. However, T.C.A §10-7-504(f)(1) treats as confidential the following information: home telephone and personal cell phone numbers; bank account information; social security number; driver license information except where driving or operating a vehicle is part of the employee’s job description or job duties or incidental to the performance of his/her job; residential information, including the street address, city, state, and zip code for any state employee; and the same information of immediate family members or household members. This information must be redacted wherever possible, but access to otherwise public information shall not be limited or denied because a record contains confidential information. Further, this information is available to law enforcement agencies, courts, or other governmental agencies performing official functions.

T.C.A. 10-7-504(a)(25) treats as confidential the following information:

1. Job performance evaluations, including but not limited to job performance evaluations completed by supervisors, communications concerning job performance evaluations, self-evaluations of job performance prepared by employees, job performance evaluation scores, drafts, notes, memoranda, and all other records relating to job performance evaluations.
    
2. This does not include evaluations completed by students or other such informal surveys.

II. Definition

Public records, according to TCA 10-7-301, means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.

III. Exception

Records covered under an attorney-client relationship and all student records and materials covered under the Buckley Amendment are exempt from this policy. Release of information concerning students is covered by WSCC Policy No. 04:16:00.

IV. Custodian of Public Records

Personnel Records: For purposes of information access, the assistant vice president for Human Resources is appointed custodian of personnel records with the exception of adjunct faculty personnel files and non-credit instructors’ personnel files. The appointed custodian of adjunct faculty personnel files is the Dean of Distance Education and the appointed custodian of non-credit instructor personnel files is the Dean of Workforce Training. Requests for access to personnel records shall be made to the above-mentioned custodian of the files in accordance with procedures established in this policy.

Public Records: The president or the appropriate vice president is designated custodian of other public records under their custody. Requests for access to non-personnel records covered under this policy shall be made to the Office of the President or the appropriate vice-president in accordance with procedures established in this policy.

V. Procedures

1. Personnel Records Requests for access to personnel records including automated personnel files shall be communicated to the custodian of the file stating specifically which records are desired for review. An appointment will be scheduled and the records review will occur in the presence of the custodian of those records or his/her staff. If the records of an employee are requested by a third party, an attempt will be made to notify the employee concerned prior to granting access or release of the records. No items shall be entered or removed from personnel records in connection with the information search. Copies requested will be marked “copy” and provided to the individual making the request usually within two weeks and upon payment of $1 per copy. Payment shall be made to the Business Office and copy of the receipt shall be obtained by the custodian’s staff prior to the release of the records. Pursuant to T.C.A. § 8-50-108, a state employee may inspect his/her own personnel file at any reasonable time. The employee may request copies of any material contained in such file, which copies shall be furnished to the employee upon payment of the cost of such reproduction. Ten copies or less will be made free of charge. Copies in excess of ten, a charge of $.25 per copy will be made.
    
2. Other Written Records Requests for access to other non-personnel, written documents shall be communicated to the president or the appropriate vice president having custody of the records stating specifically which documents are desired for review. An appointment will be scheduled with the vice president or designee having custody of the document. The document review will occur in the present of the vice president or designee. Copies requested will be marked “copy” and provided to the individual making the request usually within two weeks upon payment of $1 per copy. Payment shall be made to the Business Office and a copy of the receipt shall be obtained by the vice president or designated staff member.
    
3. Other Record Materials Requests for access to non-personnel records maintained in a physical form other than written copy shall be communicated to the president or appropriate vice president stating specifically which items are desired for review. An appointment will be scheduled with the vice president or designee having custody of the item. The item review will occur in the presence of the vice president or designee. Requests for item duplication or information transfer to written copy will be honored if it is within the capability of the college to produce. Cost of the requested item and estimated production time will be quoted at the time the specific request is made. The vice president for Business & Finance shall determine the cost(s) involved. Payment shall be made to the Business Office and a copy of the receipt shall be obtained by the vice president or designee prior to release of item concerned.

Nothing in this policy shall require the creation of any record nor the maintenance of any record for any period of time in excess of any retention period established by the institution, the board or state or federal law. 10/9; 08/04; 03/06; 08/13; 05/16