N.M. Admin. Code § 1.7.1.12 - EMPLOYMENT RECORDS
A. Agencies
shall maintain a record of each employee's employment history in accordance
with operational necessity and applicable state and federal law requirements.
Employees shall have access to review their own file. Employment-related
confidential records shall be available for inspection by agencies during the
process of interviewing for employment when the employee has provided a signed
release. No materials shall be placed in an employee's employment history
without providing the employee with a copy. Employees may submit written
rebuttal to any material placed in their employment history. Agencies shall
transfer the complete record of an employee's employment history upon
inter-agency transfer.
B.
Employment records, except confidential records, are subject to inspection by
the general public. Confidential records may be inspected with the written
permission of the employee or pursuant to a lawful court order or
subpoena.
C. For the purpose of
inspection of public records under Subsection B of
1.7.1.12 NMAC, the following
material shall be regarded as confidential and exempted from public inspection:
records and documentation pertaining to physical or mental illness, injury or
examinations, sick leave and medical treatment of persons; records and
documentation maintained for purposes of the Americans with Disabilities Act;
letters of reference concerning employment, licensing, or permits; records and
documentation containing matters of opinion; interview notes; documents
concerning infractions and disciplinary actions; performance appraisals;
opinions as to whether a person should be re-employed; college transcripts;
military discharge; information on the race, color, religion, sex, national
origin, political affiliation, age, and disability of employees; home address
and personal telephone number unless related to public business; social
security number; laboratory reports or test results generated according to the
provisions of 1.7.8 NMAC; and as otherwise provided by state or federal
law.
Notes
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