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Section X: Records

10.01. Official Personnel File

The official personnel file is maintained in the Human Resources Department.

  1. Definitions
    1. Public files contain information considered to be public records as defined in the Inspection of Public Records Act (14-2-1 through 14-2-12 NMSA 1978).
    2. Exempt files contain information protected by the Confidential Materials Act (14-3A-1-14 through 3A-2 NMSA 1978) and any other material which is not considered to be public records or which is exempt from public inspection by the Inspection of Public Records Act.
  2. All information placed in the employee’s official public personnel file shall be available for public inspection according to provisions of the policy on examination/release of College records (see Section 10.02).
  3. All information or material placed in the employee’s official public or exempt personnel files shall be available to the employee upon request for inspection.
    1. No anonymous, unsigned or hearsay information may be placed in either of the employee’s official personnel files.
    2. Any information or materials which are derogatory to an employee’s conduct, service, character or personality shall not be placed in either of an employee’s official personnel files unless the employee has been given the opportunity to examine the information or material.
    3. The employee has the right to respond in writing to anything placed in either of the official personnel files and have such response placed with the material to which the response relates. The response must be made within 30 days of notification to the employee that such material has been placed in either of the official personnel files.
  4. All references and information originating outside the College on the basis of confidentiality and information obtained within the College in the process of evaluating candidates for employment shall be privileged and are not part of either of the employee’s official personnel files.

10.02. Examination/Release of College Records

  1. The Vice President for Administrative Services is designated by the Governing Board as the College’s official custodian of public records for purposes of this policy.
  2. Public records may be inspected by the public under the following procedures:
    1. Application must be made orally or in writing by a member of the public. The application shall be directed to the College’s custodian of public records, and shall include the name, address and telephone number of the person making the request, and shall identify with specificity the records sought to be inspected. If the applicant makes an oral request, the College will give the applicant the opportunity to turn the oral request into a written request by providing a form. The College, at its option, is not required to produce any record without a written request.
    2. The custodian shall permit the inspection immediately or as soon as is practicable under the circumstances. If more than three working days are needed to collect and produce the records when a written request is made, the custodian shall state in writing to the requester the date for the inspection and the reason for the delay. In no event shall the delay be more than 15 working days unless the custodian determines that the written request is excessively burdensome or broad.
    3. Where the public records sought to be inspected can be located by a search of a particular category of records such as accounts payable, accounts receivable, utility bills and others, in lieu of the College searching such records, the requester may be given access to and allowed to search through such category of records for the desired documents under the supervision of College personnel.
    4. If the custodian determines that a written request is excessively burdensome or broad, an additional reasonable period of time shall be allowed for the custodian to comply with the request. The custodian shall provide written notification to the requester within 15 working days of receipt of the written request that additional time will be needed to respond to the written request. The custodian will permit the records to be inspected in a reasonable period of time under the circumstances.
    5. The records shall be examined on College premises at a location designated by the custodian.
    6. Records made available under these provisions may not be removed from the premises above described.
    7. If a written request is denied by the custodian, the custodian shall provide the requester with a written explanation of the denial which: (a) describes the records sought, and (b) sets forth the names and titles or positions of each person responsible for the denial. The written explanation shall be delivered or mailed to the person requesting the records within 15 working days after the written request for inspection was received.
  3. If a member of the public desires copies of any public records which such person has inspected, the following procedure shall be followed:
    1. The requester shall clearly identify the documents to be copied and the number of copies requested. It is preferred that this request be made in writing so that there is no chance of error.
    2. The copies shall be made as soon as is practicable under the circumstances. If the copies are not to be available within three working days, the custodian shall state in writing to the requester the delivery date for the copies and the reason for the delay.
    3. Records for the public as herein provided shall be copied only by employees of the College. The College, at its option, is not required to produce any record without a written request.
    4. A fee, payable in advance, of $.10 per page is established for copying records as described herein, and the custodian shall provide a receipt for the fees paid in advance, upon request.
    5. Reproduction of nonprint materials, if possible, shall comply with the above guidelines, as applicable.
  4. The College shall not be required to create: (a) any record, or (b) any compilation of data or other information not in the form requested.
  5. Records of home addresses and telephone numbers of individual employees do not appear to fall within the purpose of the Inspection of Public Records Act. Accordingly, such records will not be subject to public inspection except by properly obtained court orders.

10.03. Examination/Release of Student Records

  1. The Director of Enrollment Services is the custodian of the College’s student records.
  2. The examination of documents contained in a student record and/or release of student information shall be in accordance with College policy and the Family Educational Rights and Privacy Act (FERPA). A current enumeration of official procedures is maintained by the Director of Enrollment Services.
  3. Employees who are requested to release student information should consult with the office of the Director of Enrollment Services before doing so to insure that appropriate policies and procedures are followed.