Title 2 . Administration

Chapter 7 . Public Information

Section 910. Personnel records

2 AAC 07.910. Personnel records

(a) This section applies to the records of applicants for state employment and to the employment records of current and former classified and partially exempt employees.

(b) As provided in AS 39.25.080 , the following information, if available, is open for public inspection:

(1) names and position titles of all state employees;

(2) the position held by a state employee or a former employee;

(3) the prior positions held by a state employee;

(4) whether the employee or former employee is, or was, in the classified, partially exempt, or exempt service;

(5) the dates of appointment and separation of a state employee; and

(6) the compensation authorized for a current state employee.

(c) All other records of applicants for employment and employees in the classified and partially exempt service, including applications and resumes, are confidential and will be released only under the following conditions:

(1) to a state agency, for personnel related activities; the director shall establish and maintain a list of state officials and employees whose duties require the use of state personnel records; those state officials and employees on the list will be granted access to personnel records for use in connection with activities related to the state system of personnel administration; the state official or employee who requests information must sign an agreement that confidential information will not be released or made public;

(2) to the child support services agency created under AS 25.27.010 or the child support agency of another state; the custodian of a state personnel record, in the custodian's discretion, shall request identification to verify that the person requesting the record is authorized by statute to receive the record; if satisfied that the person requesting the record is authorized by statute to receive the record, the custodian shall promptly make the record available;

(3) to a state agency for any other purpose; information maintained in personnel records will be released upon receipt of a written authorization from the employee, former employee, or applicant for employment whose records are requested; if no such authorization is submitted, personnel records will be released to other state officials and employees who are authorized by statute to review such state documents, upon receipt of a subpoena issued by competent authority and the execution of an agreement that confidential information will not be released or made public;

(4) to the public, upon receipt of a written authorization from the employee, former employee, or applicant for employment whose records are requested, or upon receipt of an order of a court of competent jurisdiction;

(5) a request for records not covered by paragraphs (1) - (4) of this subsection will be addressed to the director; the director or director's designee shall review the request and may approve the release of information if that release would be in the best interests of the state and can be accomplished without violation of the employee's, former employee's, or applicant's right to privacy.

History: In effect before 6/28/84; am 6/28/84, Register 91; am 12/24/98, Register 150; am 8/25/2005, Register 175

Authority: AS 39.25.080

AS 39.25.140

AS 39.25.150

Editor's note: As of Register 171 (October 2004), and acting under AS 44.62.125 (b)(6) and sec. 12, ch. 107, SLA 2004, the regulations attorney made technical changes to reflect the name change of the child support enforcement agency to the child support services agency made by sec. 1, ch. 107, SLA 2004.