Administrative Policies and Procedures Manual - Policy 3710: Personnel Information Disclosure Policy

Date Originally Issued: 06-30-1982
Revised: 08-02-2004, 08-12-2008

Authorized by RPM 2.17 ("Public Access to University Records")

Process Owner: Vice President for Human Resources

1. General

As described in UAP 2300 ("Inspection of Public Records"), the University of New Mexico is a public body and has statutory obligations to the citizens of the State under the New Mexico Inspection of Public Records Act ("IPRA").  At the same time, the University has an obligation to its employees not to disclose information that is exempt from disclosure under IPRA.  This Policy reflects the balance that New Mexico law allows the University to strike between the obligations to disclose public records and to withhold from disclosure exempt records or information.  This Policy also recognizes that certain information which is exempt from disclosure under IPRA nevertheless has legitimate uses for internal University purposes.

2. Disclosure of Information

2.1. Public Information

In accordance with the requirements of IPRA, the following are examples of information about employees that the University considers to be public information:

• name
• job title
• organization
• dates of employment
• salary
• job application materials, including resume or curriculum vitae, except for exempt information that will be redacted before production for public inspection as discussed in Section 2.2. below. 

2.2.  Information Exempt from Disclosure

IPRA provides that certain kinds of personnel information, including letters of reference concerning employment and letters or memorandums that are matters of opinion in personnel files, are exempt from public inspection.  In addition, the University allows employees to direct that certain kinds of information not be made available for public inspection, and routinely withholds from public inspection other kinds of employee information.

Any University employee may direct the University Custodian of Public Records to withhold the following information of that employee’s records from disclosure under IPRA.  Employees may provide such direction to the Custodian by completing and submitting to the Custodian the form that the Custodian will post on the University’s website for that purpose.  For any University employee who has completed and submitted this form, the Custodian will withhold or redact such information in responding to a request for a specific employee’s personnel information if the Custodian determines that under the circumstances the information is not related to University business.

• Current home address
• Current home telephone number
• Personal (i.e. not used for University business) cellular telephone number
• Personal (i.e. not used for University business) e-mail address

The policy of the University is to withhold or redact from public inspection under IPRA the following employee information, unless the Custodian, in consultation with the Office of University Counsel, determines that disclosure is required by law:

• Personnel evaluations
• Opinions regarding whether a person would be re-hired or regarding why an applicant was not hired
• Social Security number
• Personal financial account numbers
• Medical professionals' DEA and BNDD numbers

Information that is exempt from public disclosure as provided in this section may nevertheless be used by the University as permitted by law, such as to communicate with the Internal Revenue Service or other government agencies, or with insurers who require that information.  For additional information refer to UAP 2300 ("Inspection of Public Records").

2.3. Disclosure of Personnel Information Within the University

Selected portions of personnel files pertaining to individual University employees, such as performance evaluations and opinions relied upon in the hiring process may be made available to University officials who have a need to know the past performance of such employees. Employees may have access to all information in their own personnel files, including Personnel Action Notices (PANs), payroll data, performance evaluations, and documentation of disciplinary actions initiated by the University.

All references and information obtained in the process of evaluating employees for initial employment at the University or for promotion or transfer within the University are available to hiring officers, without redaction, upon request.

2.4. Requests for Income Verification

Requests for income verification will be handled by the University Payroll Department.