All official personnel records of the District government shall be established, maintained, and disposed of in a manner designed to ensure the greatest degree of applicant or employee privacy while providing adequate, necessary, and complete information for the District to carry out its responsibilities under this chapter. Such records shall be established, maintained, and disposed of in accordance with rules and regulations issued by the Mayor.
(Mar. 3, 1979, D.C. Law 2-139, § 3101, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-632.1.
1973 Ed., § 1-361.1.
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
Because of the statutory and administrative relationships in personnel administration between the District and federal governments, and to ensure that personnel records include information of importance to both governmental jurisdictions, the rules and regulations issued by the Mayor shall, insofar as is practicable, be consistent with civil service rules and regulations governing personnel records management in the federal service.
(Mar. 3, 1979, D.C. Law 2-139, § 3102, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-632.2.
1973 Ed., § 1-361.2.
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
It is the policy of the District government to make personnel information in its possession or under its control available upon request to appropriate personnel and law-enforcement authorities, except if such disclosure would constitute an unwarranted invasion of personal privacy or is prohibited under law or rules and regulations issued pursuant thereto.
(Mar. 3, 1979, D.C. Law 2-139, § 3103, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-632.3.
1973 Ed., § 1-361.3.
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
The Mayor shall issue rules and regulations governing the disclosure of official information contained in personnel records.
(Mar. 3, 1979, D.C. Law 2-139, § 3104, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-632.4.
1973 Ed., § 1-361.4.
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
(a)(1) The official personnel record of a District employee shall be disclosed to the employee or any representative of his or her choice. All such disclosure shall be made in the presence of a representative of the agency having custody of the records.
(2) The following information which may be in an official personnel record shall not be disclosed to any employee:
(A) Information which has been received on a confidential basis from a person under an agreement that the identity of the source of the information will not be disclosed: Provided, however, that such information may be disclosed if all information identifying the source of the information is deleted in such a manner to positively preclude identity of the source;
(B) Medical information, which, in the judgment of the employee's physician would be injurious to the health of the employee, if disclosed;
(C) Criminal investigative reports;
(D) Suitability inquiries and confidential questionnaires undertaken in accordance with rights afforded under this chapter; and
(E) Test and examination materials which may continue to be used for selection and promotion purposes: Provided, however, that the description of test and general results thereof shall be disclosed.
(b) Each employee shall have the right to present information immediately germane to any information contained in his or her official personnel record and seek to have irrelevant, immaterial, or untimely information removed from the record.
(c) For the purpose of this subchapter, information other than a record of official personnel action is untimely if it concerns an event more than 3 years in the past upon which an action adverse to an employee may be based. Immaterial, irrelevant, or untimely information shall be removed from the official record upon the finding by the agency head that the information is of such a nature. Prior to the removal of any information in the file, the employer shall notify the employee and give him or her an opportunity to be heard.
(Mar. 3, 1979, D.C. Law 2-139, § 3105, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-632.5.
1973 Ed., § 1-361.5.
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
(Mar. 3, 1979, D.C. Law 2-139, § 3106, 25 DCR 5740; June 10, 1998, D.C. Law 12-124, § 101(z), 45 DCR 2464.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-632.6.
1973 Ed., § 1-361.6.
Legislative History of Laws
For legislative history of D.C. Law 12-124, see Historical and Statutory Notes following § 1-603.01.
The system for the maintenance of the official personnel folder established under § 1-631.01 shall provide for the transfer of folders between agencies of the District government subject to this chapter when employees transfer from 1 agency to another.
(Mar. 3, 1979, D.C. Law 2-139, § 3107, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-632.7.
1973 Ed., § 1-361.7.
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
The Mayor, pursuant to the provisions of §§ 1-628.01 and 1-631.02, shall enter into an agreement with the United States Civil Service Commission for the exchange of official personnel information, to the extent mutually agreed upon, between the District and federal government in accordance with limitations imposed by this subchapter.
(Mar. 3, 1979, D.C. Law 2-139, § 3108, 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-632.8.
1973 Ed., § 1-361.8.
Legislative History of Laws
For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01.
