Bill Text: OR HB2682 | 2013 | Regular Session | Introduced

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Bill Title: Relating to exclusion of confidential investigation files from certain personnel records.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2682 Detail]

Download: Oregon-2013-HB2682-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1625

                         House Bill 2682

Sponsored by Representative JOHNSON (at the request of Associated
  Oregon Industries) (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Excludes confidential investigation files from personnel
records that must be provided to employee.

                        A BILL FOR AN ACT
Relating to exclusion of confidential investigation files from
  certain personnel records; amending ORS 652.750.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 652.750 is amended to read:
  652.750. (1) As used in this section:
   { +  (a) 'Confidential investigation files' means witness
statements, investigator notes and other underlying documentation
that are gathered to support an employment decision.  '
Confidential investigation files' does not include disciplinary
warnings, termination notices or other documents that have been
provided to the employee. + }
    { - (a) - }   { + (b) + } 'Employer' has the meaning given
that term in ORS 656.005.
    { - (b) - }   { + (c) + } 'Personnel records' does not
include records of an individual relating to the conviction,
arrest or investigation of conduct constituting a violation of
the criminal laws of this state or another state or the United
States,  { + confidential investigation files, + } confidential
reports from previous employers or records maintained in
compliance with ORS 351.065.
    { - (c) - }   { + (d) + } 'Public safety officer' has the
meaning given that term in ORS 236.350.
  (2) Except as provided in subsection (7) of this section,
within 45 days after receipt of an employee's request, an
employer shall provide reasonable opportunity for the employee to
inspect, at the place of employment or place of work assignment,
the personnel records of the employee that are used or have been
used to determine the employee's qualification for employment,
promotion, additional compensation or employment termination or
other disciplinary action. Within 45 days after receipt of the
employee's request, the employer shall furnish a certified copy
of the records.
  (3) Upon termination of employment, the employer shall keep the
terminated employee's personnel records for not less than 60
days. Within the 60-day period, the employer shall provide the
employee with a certified copy of the records within 45 days of
receiving the employee's request. After the 60-day period, the
employer shall provide the certified copy within 45 days of
receiving the employee's request if the employer has the records
at the time of the request.
  (4) Notwithstanding the time periods described in subsections
(2) and (3) of this section, if the employee's personnel records
are not readily available, the employer and the employee may
agree to extend the time within which the employer must provide
the employee reasonable opportunity to inspect the records or
furnish the employee a certified copy of the records.
  (5) For the services referred to in subsections (2) and (3) of
this section only, an employer may charge an employee no more
than an amount reasonably calculated to recover the actual cost
of providing the services.
  (6)(a) Except as provided in paragraphs (b) and (c) of this
subsection, an employer may not place an adverse comment in the
personnel records of a public safety officer unless the officer
has first read and signed the document containing the adverse
comment.
  (b) If a public safety officer refuses to sign a document
containing an adverse comment, the employer may place the
document in the officer's personnel records with a notation that
the document was presented to the officer and the officer refused
to sign it.
  (c) If a public safety officer is not available to read and
sign the document containing an adverse comment at the work
location where the personnel files are maintained, the employer
may place the document in the officer's personnel records and
mail a copy of the document to the officer by regular mail or
interoffice mail.
  (d) A public safety officer may write a response within 30 days
of being presented with a document containing an adverse comment.
If a public safety officer writes a response to a document
containing an adverse comment, the response must be attached to
the original document and placed in the officer's personnel
records.
  (7)(a) Upon request, a public safety officer may inspect the
officer's own personnel records at a reasonable time at the
location where the records are kept by the employer.
  (b) If, after inspection, a public safety officer believes that
any portion of the material is mistakenly or unlawfully placed in
the officer's personnel records, the officer may request in
writing that the mistaken or unlawful material be corrected or
deleted. The request must describe the corrections or deletions
requested and the reasons supporting the request and provide any
documentation that supports the request. The employer shall
respond within 30 days from the date the request is received. If
the employer does not correct or delete the material, the
employer shall place the request and the employer's response to
the request in the officer's personnel records.
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