AVERT Policies and Procedures 1050
Confidentiality of Personal Records

REFERENCE
Government Records Access Management Act (GRAMA)

1.0 PURPOSE

To provide guidance regarding the maintenance and release of AVERT Corporate information.

2.0 DEFINITIONS

    2.1 PERSONNEL FOLDER - AVERT or Team membership files maintained by any Emergency Response Team or AVERT organization containing personnel, training, disciplinary, compensation or other records and other related information.

    2.2 MEMBERSHIP DATABASE - Electronic Files kept by the Record Keeping Committee.

    2.3 ORGANIZATION - Any Trustee, Director, Officer, Agent, Representative, Committee or other subdivision authorized by the Board, within the Corporation whose operations are funded by AVERT. The "organization" is the standard term to reference subdivisions of the AVERT Board. Financial policies of AVERT provide that accounting, budgeting and fixed asset information be maintained by "organization." Each AVERT subdivision is assigned a unique "organization" number.

    2.4 AVERT - Acronym for the Association of Valley Emergency Response Teams.

    2.5 BOARD - The Board of Trustees of the Association of Valley Emergency Response Teams.

    2.6 RECORD KEEPER - Any person charged with maintaining the records of any AVERT or Member's team organization. These people may also be referred to as custodians.

    2.7 DIRECTOR, ADMINISTRATOR OR SUPERVISOR - Any person charged with control of any AVERT or Member's functional organization. These may be a Board Member, Record Keeper or Team Leader, respectively.

3.0 PROCEDURE

    3.1 Portions of Membership and Employment Applications are designated as public while other portions may be designated as private. Access to public portions is unlimited while access to private portions is limited to those with statutory access, acceptance authority, individuals involved in the acceptance process and other individuals included in the membership or employee recruitment process.

    3.2 Specific ratings and final scores on examinations shall be considered private records.

      3.2.1 Specific ratings are considered to be the actual written comments and verbal evaluations made by Board Members during a candidate's membership evaluation.

      3.2.2 Scores for any written examinations, and the number of answers correct on a written exam or any other type exam which has multiple choice or specific right or wrong answers are also considered to be specific ratings.

    3.3 General information regarding examination development, content and weights may be released within the limits of test security.

4.0 MEMBERSHIP RECORDS

    4.1 The following AVERT Corporate information about current and former Trustees, Directors, Officers, Agents, Representatives, Employees, Volunteers or Members of the AVERT Corporation is classified as public information, and may be disclosed upon request:

      4.1.1 Member Name.

      4.1.2 Gross payroll or compensation for services or goods rendered to AVERT and received by the individual from AVERT Corporate funds.

      4.1.3 Employee or Volunteer work title and description of duties.

      4.1.4 Employee or Volunteer hours worked per month or year.

      4.1.5 Dates of employment or membership in good standing.

      4.1.6 Qualifications including relevant education and previous employment as disclosed in membership or employment applications.

      4.1.7 Occupational, professional and business licenses as disclosed in membership or employment applications.

      4.1.8 Disciplinary action records if sustained and all time periods for appeals have expired.

      4.1.9 Training records.

      4.1.10 Cache inventories.

    4.2 The following records shall be classified as private, shall be maintained in the Individual's Personnel Folder and shall not be released except to other AVERT organizations or as permitted by individual authorization or Court Order:

      4.2.1 Member or Employee performance evaluations and related documentation.

      4.2.2 Disciplinary action information.

      4.2.3 Specific donations, gifts, grants and related documents, forms and receipts if the individual has disclosed these totals in accordance with AVERT Policies & Procedures # 1020 - "Professional Ethics & Conflicts of Interest" and is not using AVERT Corporate Tax Exemptions.

      4.2.4 Membership application and related documents in accordance with AVERT Policies & Procedures 1600.

      4.2.5 Individual's home address, home phone, social security number, marital status and specific payroll deductions where applicable.

      4.2.6 Cache Location and emergency contact telephone number(s) for caches not supplied or controlled by AVERT.

      4.2.7 Individual's insurance coverages as provided by AVERT Group Policies related to Life, Health or Dental insurances.

    4.3 AVERT Corporate information regarding unemployment insurance, social service or insurance coverage eligibility information; criminal records check; workers' compensation; birth dates; garnishment of wages; grievance records and decisions not related to discipline, or other records not listed in paragraph 4.1 or 4.2 shall be classified as protected, retained in a secured file in the Record Keeping Committee offices and shall not be placed in a member's Team Personnel Folder.

    4.5 Any records containing detailed medical, psychiatric, or psychological data shall be classified as controlled in accordance with State statute.

      4.5.1 Such records may be classified as controlled by AVERT if there is reason to believe that releasing the information to the subject of the record would be detrimental to the subject's mental health, to the safety of any individual or member organization, or if releasing the information would constitute a violation of normal professional practices and medical ethics.

      4.5.2 Medical, psychiatric or psychological records shall be handled as per directives from the AVERT Board of directors.

    4.6 Most other information in the membership records is considered private and may only be released as provided in paragraph 5.0.

    4.7 All inquiries concerning reasons for termination of membership shall be directed to the Record Keeping Committee Chair for response.

    4.8 Current or former members may review or copy their own folder under observation of the custodian of the record on a cost recovery basis or at no cost, respectively.

      4.8.1 Members may be provided non-public member related information necessary for the processing of a grievance at the member's expense, or in cases of transfer of records to other AVERT Organizations.

5.0 PERSONNEL FOLDER REVIEW

    5.1 AVERT directors, administrators, supervisors or their designees by AVERT policy or with written authorization from the director, administrator or supervisor may review folders of members they supervise under the observation of the custodian of the record.

      5.1.1 A director's, administrator's or supervisor's right to review a member file extends to their respective legal representatives and quasi-judicial bodies such as the Career Service Council, Deputy Sheriff Merit and Fire Fighter's Civil Service Commissions.

    5.2 AVERT directors and administrators can review any individual's Personnel Folder with the approval of the direct supervisor or the designated record keeper.

    5.3 Upon request, public information within a current or former individual's Personnel Folder may be reviewed by anyone.

      5.3.1 The custodian of the record shall first segregate any non-public information from the records in the folder. (This may be done by copying each record, reviewing it and blacking out any non-public information.) In most cases public information must be released within ten (10) business days of the request.

      5.3.2 The custodian of the record shall arrange for any copies of information in the file to be made.

    5.4 Personnel Folders may only be reviewed under the observation of the custodian of the record, the administrator or other personnel designated by the administrator to act as the custodian of the record.

    5.5 The entire Personnel Folder of a current or former individual, including private information, shall only be available as specified in section 5.0 or as specified below. The file is available to:

      5.5.1 The Individual.

      5.5.2 To the legal guardian of a legally incapacitated individual or the legal representative of a legally dissolved team, who is a member.

      5.5.3 To any other individual who:

        5.5.3.1 has a power of attorney from the individual

        5.5.3.2 submits a notarized release from the subject of the record or the designated legal representative dated no more than ninety (90) days before the date the request is made; or

        5.5.3.3 any person to whom the record must be provided pursuant to court order as specified in GRAMA.

    5.6 All individual records may be subject to review by parties with appropriate legislative or statutory authority including the Career Service Council, Deputy Sheriff Merit and Firefighters Civil Service Commission.

    5.7 All AVERT records may be subject to review for auditing purposes by the Auditor for compliance with statutory or other duly adopted or imposed responsibilities provided no non-public information is disclosed as to any given individual or member. Matters otherwise considered non-public may be statistically analyzed and evaluated.

6.0 RELEASING NON-PUBLIC RECORDS APPROVED

    6.1 The AVERT Board of Trustees may, at their discretion and after consultation with the individual and with the Corporate Attorney's Office, release non-public records if there is an overriding public interest where the value of releasing the records exceeds the value of keeping it private.

      6.1.1 The Trustee who chairs the Record Keeping Committee should attempt to notify the subject of the record prior to the release of non-public records.

7.0 APPLICABILITY

    7.1 The Personnel Folder review standards outlined in paragraph 5.0 apply to individual or organization, whether considered formal or informal.

8.0 RECORDS TRANSFER

    8.1 Upon request, organization or team personnel folders of individuals transferring between active ERTs shall be forwarded to the receiving team. Other personnel related records may be sent at the discretion of the Administrator of the former team.