Personnel RecordsSTEPHEN P. POSTALAKIS

Blaugrund, Herbert, Kessler, Miller, Myers & Postalakis, Incorporated

spp@bhmlaw.com

Ohio Association of County Boards Serving People with Developmental Disabilities

Personnel CouncilSeptember 29, 2010

Ohio Administrative Code §5123:2-1-02(I)

Personnel Records: Must be accessible to personnel designated

by Director of ODMRDD. Must be subject to a county board policy that

addresses access, duplication, dissemination, and destruction.

Must include record of signed statements regarding criminal background checks completed in accordance with R.C. §5126.28.

Personnel Records, cont. Personnel records must also include

Name, permanent and current address, phone number, and person to notify in case of emergency;

Job description, which includes essential functions of the job, requirements for certification, registration or license, civil service classification, and title as established by DAS, if applicable, unless there is a collective bargaining agreement to the contrary;

Records of accrued and used sick leave and vacation;  Record of permanent or temporary certification, license or

registration, as applicable;  Bus driver annual physical examination form, as applicable;

Personnel Records, cont. Other documents to include:

Records of in-service training; Personnel action forms; Annual performance evaluations signed by

immediate supervisor, superintendent or his designee, and employee;

Payroll information; Record retention information; and Application forms.

What to excludeMedical Records Must have a record of a physical

examination current within sixty (60) days of date of hire. A physical examination completed within one (1)

year prior to the date of hire is acceptable. DO NOT keep in the EE’s personnel file.

Keep all medical records in separate confidential file.

Americans with Disabilities Act imposes confidentiality requirement as well.

What to exclude

Additional information to exclude from file: MUI records. U.S. Citizenship and Immigration

Services Form I-9. Evidence for lawsuits or other

investigations. Unnecessary material—don’t need

everything under the sun.

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Questions ???

Thanks for attending!