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Dear Senator,
On behalf of thousands of educators, state and local employees that our organizations represent, we write you today to ask you to oppose Senate Bill 355.
Senate Bill 355 contains unconstitutional language that would open employee personnel files to the public with no regard to property or due process rights. It would allow ANYONE full access to a state employer’s personnel file, including any comments from supervisors about disciplinary actions in real-time, even though an employee’s appeal of potentially false information could take months.
On the surface, this bill seems innocuous, and well-intentioned. We applaud efforts at transparency and openness in state government where and when it is needed and beneficial to the public good. However, this bill raises the question of constitutionality. Employees have the right to due process and opening a personnel file to the public creates a vulnerability for the employee who may be in the middle of a grievance or appeal. Furthermore, a general description of any personnel actions could be written in a salacious manner and would be subjective at best. It will only embroil the state in lawsuits and open the personnel records of public service workers to gossip and innuendo and difficulties finding future employment.
The state – and you as its elected leadership – must remember that you are the employer here. This bill will open the state up to liability issues if passed. As the employer, the state has an obligation to protect the Constitutional rights of the people affected by this bill. Laying bare all the accusations against your workers – real and inaccurate – will cause undue harm to your employees and cost taxpayers in the long run.
Please join us in opposing Senate Bill 355.
Thank you,
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