Section X: Records

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Table of Contents

10.01 Official Personnel File

Revised: 12/12/23

Human Resources is the custodian of employee personnel files and will collect, maintain and control access to personnel information; and comply with government record keeping requirements. The College treats personal information about employees as confidential and, to the extent permitted by law, respects the need for protecting each employee's privacy by enforcing secure information handling procedures.

Official personnel files may also be covered by language in a Collective Bargaining Agreement. Where such language exists, the language of the Collective Bargaining Agreement governs.

  1. Subject to the provisions of New Mexico’s Inspection of Public Records Act, information placed in the employee’s official personnel file may be available for public inspection according to provisions of the Public Records policy.
  2. All information placed in the employee’s official personnel file shall be available to the employee upon request for inspection.
    1. Official personnel files typically contain: hiring records; employment transactions; performance documents; training and credentials.
    2. Anonymous, unsigned or hearsay information shall not be placed in the employee’s official personnel file.
    3. An employee has the right to provide a written response to any documentation in their official personnel file. The response must be made within 30 days from the initial notification. For additional guidance on this process, employees may contact the Human Resources Department.
  3. If another CNM employee with an authorized need to know requires access to the information in an employee's personnel file, the Human Resources Department makes this information available upon written request.
  4. All insurance and medical information relating to an employee is kept separate from the official personnel file.
  5. In response to an information request from an outside organization, individual, or other non-governmental entity, the College normally verifies only the employment status, dates of employment, and most recent salary information for former or present employees. The College does not provide any other information unless and until it has received from the employee or former employee a written request that it disclose or confirm additional specific information. The College ordinarily honors subpoenas demanding production of information with respect to any employee. Upon request, access to the files is granted to internal and external auditors in accordance with College policy and state law.

10.02 Public Records

Revised: 08/09/2022

  1. The President or President’s designee is the College’s official custodian of public records for purposes of this policy.
  2. Public records may be inspected by the public under the following procedures:
    1. Application must be made electronically, orally or in writing by a member of the public. The application shall be directed to the College’s custodian of public records, and shall include the name, address and telephone number of the person making the request, and shall identify with specificity the records sought to be inspected. If the applicant makes an oral request, the College will give the applicant the opportunity to turn the oral request into a written request by providing a link to the online form. The College, at its option, is not required to produce any record without a written request.
    2. The custodian shall permit the inspection immediately or as soon as is practicable under the circumstances. If more than three working days are needed to collect and produce the records when a written request is made, the custodian shall state in writing to the requester the date for the inspection and the reason for the delay. In no event shall the delay be more than 15 days unless the custodian determines that the written request is excessively burdensome or broad.
    3. Where the public records sought to be inspected can be located by a search of a particular category of records such as accounts payable, accounts receivable, utility bills and others, in lieu of the College searching such records, the requester may be given access to and allowed to search through such category of records for the desired documents under the supervision of College personnel.
    4. If the custodian determines that a written request is excessively burdensome or broad, an additional reasonable period of time shall be allowed for the custodian to comply with the request. The custodian shall provide written notification to the requester within 15 days of receipt of the written request that additional time will be needed to respond to the written request. The custodian will permit the records to be inspected in a reasonable period of time under the circumstances.
    5. If applicable, the records shall be examined on College premises at a location designated by the custodian.
    6. Records made available under these provisions may not be removed from the premises above described.
    7. If a written request is denied by the custodian, the custodian shall provide the requester with a written explanation of the denial which: (a) describes the records sought, and (b) sets forth the names and titles or positions of each person responsible for the denial. The written explanation shall be delivered to the person requesting the records within 15 working days after the written request for inspection was received.
  3. If a member of the public desires copies of any public records which such person has inspected, the following procedure shall be followed:
    1. The requester shall clearly identify the documents to be copied and the number of copies requested. It is preferred that this request be made in writing so that there is no chance of error.
    2. The copies shall be made as soon as is practicable under the circumstances. If the copies are not to be available within three days, the custodian shall state in writing to the requester the delivery date for the copies and the reason for the delay. In no event shall the delay be more than 15 days unless the custodian determines that the written request is excessively burdensome or broad.
    3. Records for the public as herein provided shall be copied only by employees of the College. The College, at its option, is not required to produce any record without a written request.
    4. A fee, payable in advance, of $.20 per page is established for copying records as described herein, and the custodian shall provide a receipt for the fees paid in advance, upon request.
    5. A fee of $10, payable in advance, is established when the College provides records via thumb drive or similar electronic storage devices.
    6. Reproduction of nonprint materials, if possible, shall comply with the above guidelines, as applicable.
  4. The College shall not be required to create: (a) any record, or (b) any compilation of data or other information not in the form requested.
  5. Records of home addresses and telephone numbers of individual employees do not appear to fall within the purpose of the Inspection of Public Records Act. Accordingly, such records will not be subject to public inspection except by properly obtained court orders.

10.03 Examination/Release of Student Records

Reviewed: 05/01/23

  1. The Associate Director of Enrollment Services is the custodian of the College’s
    student records.
  2. The examination of documents contained in a student record and/or release of
    student information shall be in accordance with College policy and the Family
    Educational Rights and Privacy Act (FERPA). A current enumeration of official
    procedures is maintained by the Associate Director of Enrollment Services.
  3. Employees who are requested to release student information should consult with
    the office of the Associate Director of Enrollment Services before doing so to
    ensure that appropriate policies and procedures are followed.