1. Personnel Records STEPHEN P. POSTALAKIS Blaugrund, Herbert, Kessler, Miller, Myers & Postalakis, Incorporated spp@bhmlaw.com spp@bhmlaw.com Ohio Association of County Boards Serving People with Developmental Disabilities Personnel Council September 29, 2010

2. 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.

3. 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;

4. 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.

5. What to exclude Medical 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.

6. 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.

7. 7 Questions ??? Thanks for attending!