DISCIPLINARY ACTION CHECKLIST - IAFC

PUBLIC RECORDS
The statutes vary by jurisdiction, but the common theme is that government
records are presumed to be public. The best practice is to assume personnel
documents are, or will become, public record. If not a public record as a matter
of state statute, the personnel records, including investigation reports,
disciplinary records and correspondence, may become public records in the
course of litigation.
The Department should have a policy regarding confidential personal and
personnel information. For example, in all jurisdictions, employee social security
numbers should be exempt from public disclosure. Similarly, employee medical
information should be exempt from public disclosure. If a document contains
information exempt from disclosure, the entire document may not be exempt.
Some records may be disclosed only after confidential information is redacted.
Caution: If the Department receives a public records request that covers
personal or personnel information, seek prompt legal advice before
providing the records.
Under Arizona law, names, positions, salaries of public employees have been
public records. In 2008, the Arizona legislature specifically added disciplinary
records to create an extra level of transparency in government.
A.R.S. 39-128. Disciplinary records of public officers and employees;
disclosure; exceptions
A. A public body shall maintain all records that are reasonably necessary
or appropriate to maintain an accurate knowledge of disciplinary actions,
including the employee responses to all disciplinary actions, involving
public officers or employees of the public body. The records shall be open
to inspection and copying pursuant to this article, unless inspection or
disclosure of the records or information in the records is contrary to law.
B. This section does not:
1. Require disclosure of the home address, home telephone number or
photograph of any person who is protected pursuant to sections 39-123
and 39-124.
2. Limit the duty of a public body or officer to make public records open to
inspection and copying pursuant to this article.
In Nebraska, personal information in personnel records of public bodies other
than salaries and routine directory information are exceptions to disclosure. The
Attorney General issued an opinion that public body evaluations from personnel
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