SECTION THREE – ADMINISTRATION

A. Administration of Policies: The day-to-day management of personnel activities and operations within the County is the responsibility of the County Human Resource Director. Elected officials and appointed department heads are also responsible for assuring the effective administration of all policies and procedures within their departments and offices. Under the direction of the Board of County Commissioners, the Human Resource Director shall coordinate and manage all aspects of the personnel management system and enforce all policies and procedures which shall include, but not be limited to:

         1. The development and administration of the job classification and compensation plans.

         2. The administration of a system of employee performance management.

         3. Recruitment, including the advertisement of vacancies and oversight of selection processes.

         4. Procedures involving the training and disciplining of employees.

         5. Maintenance of all personnel records and actions.

         6. Promotions, demotions, suspensions and separations.

         7. Reassignments and reclassifications.

         8. Make reasonable and practical interpretations in the absence of precedent regarding the meaning and intent of policies, procedures, etc.

         9. Other actions as prescribed by County rules, regulations, policies and procedures.

B. Official Personnel Records: It is the policy of San Juan County to maintain personnel records for applicants, employees, and past employees in order to document employment-related decisions, evaluate, and assess policies, and comply with governmental record keeping and reporting requirements. The County strives to balance its need to obtain, use and retain employment information with each employee's right to privacy. To this end, the County attempts to restrict the personnel information maintained to that which is necessary to conducting County business or which is required by State or Federal law or County ordinance. The Human Resource Director is responsible for overseeing the record keeping for all personnel information and will specify what information should be collected and it should be stored and secured. The Human Resource Department shall maintain the official personnel records. According to law, all medical files and employment eligibility certifications (I-9s) shall be maintained separate from other personnel records.

         1. Employees have a responsibility to make sure their personnel records are up to date and should notify the department head/elected official or the Human Resources Department of any changes in at the least following:

               a. Name

               b. Address

               c. Telephone Number

               d. Number of dependents

               e. Address and telephone number of dependents and spouse or former spouse (for insurance purposes only)

               f. Beneficiary designation for any of the County’s insurance, disability, retirement plans

               g. Person to be notified in case of an emergency

         2. Personnel records shall contain, as appropriate:

               a. Record of application of employment

               b. Reference to transcripts of academic preparation

               c. Performance evaluation ratings

               d. Any formal reprimand, corrective actions or commendation

               e. Records of action affecting employee salary, status or standing

               f. Leave records

               g. Any other information felt to be pertinent by the department head/elected official, HR Director or employee

               h. Records of employee past employment will not be kept in the personnel files.

         3. An employee has the right to review the contents of his or her personnel file as governed by law under the supervision of the Human Resource Director. The County will, upon written request, supply the employee with a copy of any document it places in the employee’s file.

         4. If disciplinary action is rescinded or overturned upon appeal, all forms, documents and records pertaining to the case shall be removed from the employee’s personnel record and destroyed.

         5. Personnel records are private data and available to review only to the employee and users authorized by las or as determined by the Human Resources Director to have a legitimate “need to know” in accordance with Government Records Access and Management Act (GRAMA). A log or record of those reviewing personnel records shall be maintained together with the reason for access to the records. All reviews of personnel records shall be done in the presence of the Human Resources Director or designee. The responsibility for the management of GRAMA requests has been assigned to the office of the County Clerk. The responsibility for what information will be released, who can review the information and under what circumstance it can be reviewed is contained in County ordinance.

C. Information Requests: Information and records management shall be conducted in a manner consistent with state law, Government Records Access and Management Act (GRAMA) and the San Juan County Record Management Policy. Requests for verification of employment, names, gender, gross compensation, job titles, job descriptions, business addresses, business telephone numbers, number of hours worked per pay period, dates of employment, relevant previous employment, and similar job qualifications of present employees shall be treated a public information. Such requests or inquiries should be directed to the Human Resources Director or designee. The actual net salary of employees is confidential information. When providing information on previous employees for a reference check, the County’s response shall be limited to the same information as provided for an employment verification. Under no circumstance shall character judgments or assessments be issued.

D. Records Retention: Employee records shall be retained in accordance with the schedules established by the Utah Division of Archive and Record Services.

E. Employment Application Information:

         1. General Policy: It is the County’s policy to comply with the Utah Employment Selection Procedures Act (“UESPA”) with regard to obtaining, using, and maintaining personal information of applicants for employment with the County. Additionally, UESPA requires that the County maintain and make available this policy to all such applicants. The County shall comply with all federal, state, and local laws concerning the selection and hiring of persons for employment.

         2. Definitions: In implementing this policy, the County will be guided by the current definitions found in Utah state statutes and regulations or in case law construing the statutes and regulations, and applicable federal law. In the event of any conflict between the definitions in the UESPA and the definitions in this policy, the legal definitions found in the UESPA will control. The following definitions are provided for general guidance of employees and applicants in understanding the policy.

               a. Applicant - A person who has applied for employment with San Juan County.

               b. Personal Information - All information about an applicant obtained by the County in a written, electronic, audio, or visual record, whether generated by the applicant or by the County, for the purposes of considering Applicant for employment or further review. Examples of personal information include, but are not limited to, name, physical address, mailing address, phone number, email address, employment history, residence history, references, personal contacts, physical characteristics, resume, restricted personal information, and any other data and information obtained about applicant.

              c. Restricted personal information - An Applicant’s Social Security number, date of birth, and/or driver license number.

              d. Prohibited Use - Providing or disclosing an Applicant’s Personal Information to a person other than a County employee, agent, officer, or official, or providing or disclosing an Applicant’s Personal Information for the purposes of marketing, profiling, reselling, or other similar use.

         3. Guidelines:

               a. The County will not request an Applicant’s Restricted Personal Information unless (i) the County has offered the applicant a job; or (ii) the County needs applicant’s restricted personal information to obtain, and the Applicant consents to the County obtaining, a criminal background check, credit history, and/or driving record of Applicant, in accordance with all applicable state and federal laws.

               b. The County will not use an Applicant’s Personal Information other than to determine whether or not the County will consider the Applicant for further review or will hire the Applicant as an employee. However, the County may (i) provide an Applicant’s Personal Information upon request to a government official if required to be disclosed by order of a governmental agency, legislative body, or a court of competent jurisdiction, or to a representative of the Utah Labor Commission's Division of Anti-discrimination and Labor in a formal investigation of the County’s compliance with UESPA; or (ii) if the Applicant is hired as an employee, use the Applicant’s Personal Information for a performance review or promotion application review that is similarly conducted and applied to other employees in a similar position.

               c. The County will maintain this Employment Application Information Policy and will make it available for review to an applicant immediately upon request by such Applicant, including before San Juan County obtains or Applicant provides Applicant’s Personal Information.

               d. If the County does not employ the Applicant, it will not retain Applicant’s Personal Information for more than two years after the date on which Applicant provides the information to the County as part of the application process.

               e. The Human Resource Director is responsible for implementing this policy, including determining when to request restricted Personal Information, when and how to use and disclose an Applicant’s Personal Information, and when to destroy or dispose of it.