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Records, Reports, Research and Evaluation of
Personnel System
1-13-1. (Authorized by K.S.A. 75-3747; effective May 1,
1979; revoked May 1, 1983.)
1-13-1a. Content of
employees' official personnel records. (a) The official personnel record of
each state employee shall include the following information:
(1) Records showing the employee's hires, transfers, promotions, demotions,
separations, changes of pay rates, leaves of absence and any other changes in
employment status;
(2) performance reviews, letters of reprimand and letters of rebuttal, and
letters of commendation;
(3) the application for each position for which the employee was hired;
(4) letters of disciplinary action; and
(5) any other information related to state service that the appointing
authority deems appropriate.
(b) The records specified in subsection (a) may be maintained in paper or
electronic form or by using other appropriate media.
(c) The official personnel record of each state employee shall be transferred
with the employee if the employee is appointed to a position in another
agency.
(d) This regulation shall be effective on and after June 5, 2005. (Authorized
by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2950, and K.S.A. 75-3746;
effective May 1, 1983; amended Dec. 27, 1993; amended Dec. 17, 1995; amended
May 31, 1996; amended June 20, 1997; amended June 5, 2005.)
1-13-1b. Disclosure of employee information. (a) Except as otherwise provided
in this regulation and the Kansas open records act, K.S.A. 45-215 et. seq. and
amendments thereto, the information contained in each state employee's
official personnel record shall not be open to public inspection.
(b) Upon any inquiry, the appointing authority shall disclose the following
information concerning any current or former employee:
(1) The name of the employee;
(2) the employee's current job title;
(3) the employee's current or prior pay;
(4) the employee's length of employment with the state;
(5) the name of the employing agency; and
(6) the length of time the employee has served in the employee’s current
position.
(c) When appropriate personnel from one of the following agencies, in carrying
forth their official duties, establish a need for information contained in an
employee's official personnel record, the appropriate personnel from these
agencies shall be permitted to access the other employee’s personnel record:
(1) the Kansas department of administration;
(2) the Kansas attorney general's office, including the Kansas bureau of
investigation;
(3) the federal equal employment opportunity commission and Kansas human
rights commission;
(4) the Kansas civil service board;
(5) legislative post audit;
(6) the agency employing that employee; and
(7) employees of the Kansas department of social and rehabilitation services
responsible for that agency’s child support enforcement activities.
(d) Any current or former employee, or any other individual or an organization
if authorized in writing by the current or former employee, may review that
employee's official personnel record upon written request to the appointing
authority. The appointing authority shall place in the employee’s personnel
record a copy of the written request and the written authorization from the
employee. The review shall be consistent with the conditions established by
the appointing authority and at a time and place mutually convenient to the
parties.
(e)(1) Any appointing authority with an established need to review the
personnel record of an employee in another state agency may, upon request to
the appointing authority of the employing agency, review the employee’s
official personnel record, including applications for employment and
performance reviews.
(2) Each appointing authority responding to job-related reference and
performance questions from another state agency shall answer the questions in
good faith.
(3) If a prospective employer, other than another state agency, requests
information about a current or former state employee as part of a reference
check, the response of the appointing authority shall be consistent with the
requirements of K.S.A. 44-119a, and amendments thereto.
(f) The official personnel record of any specifically named employee shall be
made available for inspection in connection with litigation, pursuant to the
terms of an order entered by a judge of any federal, state, or municipal court
having proper jurisdiction over the litigation.
(g) This regulation shall be effective on and after June 5, 2005. (Authorized
by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2950 and 75-3746;
effective June 5, 2005.)
1-13-2. (Authorized by K.S.A. 75-3747;
effective May 1, 1979; revoked May 31, 1996.)
1-13-3. (Authorized by K.S.A. 75-3747;
effective May 1, 1979; revoked May 31, 1996.)
1-13-4. (Authorized by K.S.A. 75-3747;
effective May 1, 1979; revoked May 31, 1996.)
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