3311 SUBJECT: NOTIFICATION OF DISCLOSURE OF EMPLOYEE DISCIPLINARY RECORDS Overview In accordance with New York State Public Officers Law, this policy establishes a process to notify District employees when the District is responding to a request for their disciplinary records. Scope This policy applies to all current and former employees of the District whose disciplinary records may be subject to public disclosure under the Freedom of Information Law (FOIL). What Constitutes an Employee Disciplinary Record For purposes of this policy, disciplinary records are any record created in furtherance of a disciplinary proceeding, including, but not limited to: a)
The complaints, allegations, and charges against an employee;
b)
The name of the employee complained of or charged;
c)
The transcript of any disciplinary trial or hearing, including any exhibits introduced at such trial or hearing;
d)
The disposition of any disciplinary proceeding; and
e)
The final written opinion or memorandum supporting the disposition and discipline imposed including the District's complete factual findings and its analysis of the conduct and appropriate discipline of the covered employee.
Notification Upon Release of Disciplinary Records When the District releases an employee's disciplinary records in response to a FOIL request, it will promptly provide written notification to the affected employee, unless the request is from the employee for their own records. For current employees, this notification will be sent to the employee's work email address or, if unavailable, their home address on file with human resources. For former employees, this notification will be sent to the employee's last known home address on file with human resources. The District will make every reasonable effort to notify former employees, and will document the steps taken to do so. Content of Notification
The notification will include a brief description of the released records. This notification is for informational purposes only and does not require employee consent. Its purpose is to ensure employees are aware of the disclosure. Public Officers Law Section 87
NOTE:
Refer also to Policy #3310 -- Public Access to Records