CHAPTER 124
S.P. 256 - L.D. 825
An Act to Clarify the Laws on Personal Information of State Employees
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA �1545 is amended to read:
�1545. Reproduction of certain documents authorized
The State Controller is authorized to cause to be made, at the expense of the State, by any photostatic, photographic, microfilm or other mechanical process which that produces a clear, accurate and permanent copy or reproduction thereof, copies of any part or all of the state cancelled checks, vouchers and other documents on file in the Bureau of Accounts and Control or the Office of the Treasurer of State. Any records created by or provided to the State containing information about outstanding, unpaid checks issued by the State are confidential and not available for public inspection to the extent that the State Controller and the Treasurer of State determine that confidentiality is necessary to protect the interests of the payee, the State and the public welfare.
Sec. 2. 5 MRSA �7070, sub-�2, as amended by PL 1991, c. 729, �1, is further amended to read:
2. Personal information of employees. Records containing the following, except they may be examined by the employee to whom they relate when the examination is permitted or required by law:
A. Medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders;
B. Performance evaluations and personal references submitted in confidence;
C. Information pertaining to the credit worthiness of a named employee;
D. Information pertaining to the personal history, general character or conduct of members of an the employee's immediate family; and
D-1. Personal information pertaining to the employee's race, color, religion, sex, national origin, ancestry, age, physical disability, mental disability and marital status; social security number; home telephone number and home address; and personal employment choices pertaining to elected payroll deductions, deferred compensation, savings plans, pension plans, health insurance and life insurance. When there is a work requirement for public access to personal information under this paragraph that is not otherwise protected by law, that information may be made public. The Director of the Bureau of Human Resources, upon the request of the employing agency, shall make the determination that the release of certain personal information not otherwise protected by law is allowed; and
E. Except as provided in section 7070-A, complaints, charges or accusations of misconduct, replies to those complaints, charges or accusations and any other information or materials that may result in disciplinary action. If disciplinary action is taken, the final written decision relating to that action is no longer confidential after the decision is completed.
For purposes of this paragraph, "final written decision" means:
(1) The final written administrative decision that is not appealed pursuant to a grievance arbitration procedure; or
(2) If the final written administrative decision is appealed to arbitration, the final written decision of a neutral arbitrator.
A final written administrative decision that is appealed to arbitration is no longer confidential 120 days after a written request for the decision is made to the employer if the final written decision of the neutral arbitrator is not issued and released before the expiration of the 120 days;
This subsection does not preclude union representatives from having access to personnel records, consistent with subsection 4, that may be necessary for the bargaining agent to carry out its collective bargaining responsibilities. Any records available to union representatives that are otherwise covered by this subsection remain confidential and are not open for public inspection;
See title page for effective date.
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