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1.2.070 Confidentiality of Personnel and Legal Records

University of Central Missouri Policy

Policy Name:  Confidentiality of Personnel and Legal Records

Date Approved:  September 17, 1986,

Policy Category:  Board of Governors - University Operation

Date Effective:  

Policy Number:  1.2.070

Date Last Revised:  March 21, 2001

Approval Authority:  Board of Governors

Review Cycle:

Responsible Department

 

Purpose

The University of Central Missouri complies with all pertinent state and federal statutes concerning the confidentiality of personnel and legal records.

Policy

A. The Board of Governors of the University of Central Missouri declares the following records to be closed under Chapter 610 of the Missouri Revised Statutes (the Sunshine Law), the Family Education Rights and Privacy Act of 1974 (FERPA), and other applicable state and federal statutes and regulations:

  1. all records of the board pertaining to legal actions, causes of action, or litigation involving the board, until final disposition of the matter by vote of the board or signing of a settlement agreement

  2. all communications between the Board of Governors and its attorneys which are privileged under law

  3. all records of the board pertaining to the lease, purchase or sale of real estate where public knowledge of the transaction might adversely affect the legal consideration therefore; however, any minutes, vote or public record approving a contract relating to the leasing, purchasing or sale of real estate shall be made public within 72 hours after execution of the lease, purchase or sale of the real estate. After 72 hours, the documents which were executed shall no longer be closed records

  4. all records of the board pertaining to the mental or physical health of students or employees 

  5. all records of the board pertaining to the hiring, firing, disciplining or promotion of personnel; however, any vote by the board to hire, fire, promote or discipline an employee shall be made available with a record of how each member voted within 72 hours of the close of the meeting where such action occurs

  6. all records of the board pertaining to preparation, including any discussions or work product on behalf of the board or its representatives for negotiations with employee groups

  7. all records of the board relating to scientific and technological innovations in which the owner has a proprietary interest

  8. software codes for electronic data processing and documentation thereof

  9. specifications for competitive bidding, until either the specifications are officially approved by the board, or the specifications are published for bid

  10. sealed bids and related documents, until the bids are opened and sealed proposals and related documents or any documents related to a negotiated contract until a contract is executed, or all proposals are rejected

  11. individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries and length of service of officers and employees once they are employed as such

  12. confidential or privileged communications between the University of Central Missouri and auditors, including all auditor work product

  13. all records of the Board of Governors, to the extent and in the manner specified from time to time in the Family Education Rights and Privacy Act of 1974 (P.L. 93-380, 20 USC 1232g) or any successor statute and the regulations issued pursuant thereto, pertaining to scholastic probations, expulsion or graduation

B. In addition, the Board of Governors of the University of Central Missouri reserves the right to close other university records in accordance with applicable federal and state statutes as the board or the board's designee deems appropriate.

September 17, 1986
Revised and approved by the Board of Governors on March 21, 2001
Formatting updated August 1, 2007


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