Access to Personnel Files Law Summaries
Colorado, Access to Personnel Files Law Summaries
Colorado does not have a general access to personnel files law. However, Colorado has two laws relating to employees' access to personnel files. Colorado's Education law provides for teachers' “access to personnel files” at Title 22, Article 2, Part 1. For public employers, access is covered in the “public records law ” located at Title 24, Article 72, Part 2.
DEFINITIONS
“Personnel files” means and includes home addresses, telephone numbers, financial information, and other information maintained because of the employer-employee relationship, and other documents specifically exempt from disclosure by law. “Personnel files” does not include applications of past or current employees, employment agreements, any amount paid or benefit provided incident to termination of employment, performance ratings, final sabbatical reports, or any compensation, including expense allowances and benefits, paid to employees by the state, its agencies, institutions or political subdivisions (Sec. 24-72-202(4.5)).
COVERAGE
Teachers are covered under Colorado's education law, which provides for individual access to personnel files (Sec. 22-2-111(3)).
Public employers are covered under Colorado's public records law (Sec. 24-72-204).
WHAT THE EMPLOYER MUST DO
Public employment.- Under Colorado's public records law, personnel files must be made available for inspection to employees and to the elected and appointed public officials who supervise their work (Sec. 24-72-204(3)(a)(II)(A)).
Under Colorado's public records law, written promotional examinations given pursuant to the state personnel system, or any similar system, and the scores or results of those exams, must be available for inspection by the employee after the examinations have been administered and graded. Copying or reproduction is not permitted, however (Sec. 24-72-204(2)(a)(II)).
Under Colorado's public records law, any records of sexual harassment complaints and investigations, whether or not such records are maintained as part of a personnel file, are exempt from inspection by any party other than the person in interest. However, an administrative agency investigating the complaint may, upon a showing of necessity to the custodian of records, gain access to information necessary to the investigation (Sec. 24-72-204(3)(a)(X)(A), as amended by H. 1191, L. 1999).
School districts.- Each teacher has the right to inspect all information pertaining to the teacher that is on file in the Department of Education. Copies may be made at the teacher's own expense. Information in the records may be challenged by formal letter or other evidence, which must be added to the state records. Colorado's Board of Education must authorize any material to be added to or removed from a teacher's official records in its custody (Sec. 22-2-111(3)).
It is unlawful for any officer, employee, or other person to divulge, or to make known in any way, any personal information without the written consent of the applicant, employee, teacher, or pupil. However, information may be divulged or made known in the normal and proper course of administration of related programs without written consent. Further, statistics based on such information can be published where the identity of teachers or pupils is not given (Sec. 22-2-111(3)).
RECORDKEEPING
School districts.- Teachers may challenge any information in their personnel files by formal letter or other evidence, which must be added to the state records. The state board may authorize any material to be added to or removed from a teacher's official records in its custody (Sec. 22-2-111(3)).
<p>School districts.— Teachers may challenge any information in their personnel files by formal letter or other evidence, which must be added to the state records.</p>
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