Employer deny an employee copies of public records

May a public body charge for time spent in reviewing records to determine which of them are exempt, and for time spent in separating exempt and nonexempt material?

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This activity is an essential part of making records available for inspection, and the public body is entitled to recover its actual cost. If the public body is a state agency, it must adopt a rule establishing the basis for its charges. Is an indigent person entitled to waiver of the fee for inspection of copies of records? Not automatically.

Employee Rights Regarding Personnel Files

While indigence is a factor that a public body may consider in deciding whether to grant a request for a fee waiver under ORS Is a public body obligated to disclose the personal addresses, personal telephone numbers, or dates of birth of its public employees? Generally no. For most public employees, certain personal information contained in their personnel records is exempt from disclosure under ORS The exemption can be overcome, however, if the requester provides clear and convincing evidence that the public interest clearly requires disclosure under the particular circumstances.

This information about elected officials generally is not exempt. May I obtain names, addresses, and telephone numbers of individuals doing business with, licensed by, or seeking to be licensed by public bodies? Is a calendar, planner, or phone message notepad maintained by a public employee subject to the Public Records Law? In general, you are entitled only to listen to the tape, and to make or be furnished a copy of the tape.

Is an Employee Entitled to a Copy of Their Personnel File?

The public body is not required by Public Records Law to make a transcript of the tape, although of course it may. If you have a disability that prevents you from listening to a tape, you may be entitled to the record in an alternative format. What if I am an inmate of the state penitentiary and the rules do not permit me to possess a public record that I am seeking?

The Public Records Law does not authorize inmates to possess materials that are forbidden by the rules of the Oregon Department of Corrections.

It may be possible to arrange for public records to be delivered to someone on your behalf who is not incarcerated. Do I have the right to actually inspect the original records, or can the public body require me to accept copies? You have the right to inspect original records, except for particular documents that contain exempt material, or where the public body has justifiably adopted a requirement that only copies will be furnished because this is necessary to protect the records or to prevent interference with its work. Are records collected for the purpose of a pending contested case administrative proceeding exempt?

Request for Addresses

Not as such. The fact that the ultimate order may lead to litigation is not a ground for nondisclosure.

If Iā€™m convicted of a crime, will my employer find out?

Some of the records also may be exempt for other reasons. Must a city release a police report to a victim who is filing a civil lawsuit after the criminal prosecution has been concluded? Generally yes, although certain sensitive information may be redacted on a case-by-case basis, such as information where disclosure would interfere with future investigations. Must police officer notebooks be disclosed? Must access be given to police logs? Notebooks and logs are public records. If this request is denied, consider reaching out to an Arizona employment lawyer as there is no Arizona state law on the matter.

If you believe you were unfairly terminated, unfairly terminated or any other reason that could create a legitimate reason for requesting the files, the legal stature of your attorney will aid your cause. Effectively, the lack of a state law does not mean you have no opportunity to gain access to personnel files.

If you have been denied access to personnel files, talk to an Arizona employment lawyer to make sure your legal rights are protected. At Tyler Allen Law Firm, we protect the legal rights of employees who have not been treated fairly in the workplace.


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Contact us online for a legal consultation to discuss your legal concerns regarding access to personnel files. Back Tyler K.

Responding to Public Records Requests | General Counsel

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  • What You Should (and Shouldn't) Place in an Employee Personnel File.

The human resources department can develop a security access procedure for these various files - the company can keep an overview by cross-referencing in one file documents in another file - if a person who has access to one file wants to see another document in a separate file, he or she would have to have clearance under the file access procedure in order to do that.

Texas law does not require an employer to allow an employee to access his or her personnel file exception: public employees may request copies of their personnel file documents under the Public Information Act - however, most companies allow supervised access and copying of contents at the employee's cost - a company should never place anything in a personnel file that it would be ashamed to show other people such as 12 average jurors - remember, anything in any file relating to an employee is discoverable in a claim or lawsuit filed by or on behalf of that employee!

A federal regulation under OSHA contains an exception to the general rule that an employer does not have to turn over copies of a personnel file to employees or former employees. The deadline for the access or copies is the end of the next business day following the request, so there is no particular requirement for a hour response.