Douglas County Personnel Rule #3

ORGANIZATION FOR PERSONNEL ADMINISTRATION

3.1 Human Resources Department These rules will be administered by the Human Resources Department. The Director of the department will be appointed by the Board of Commissioners.

3.2 Public Records.

3.2.1 Nothing in this rule shall be construed to allow disclosure of personnel records if such disclosure is prohibited by State or Federal laws, rules or regulations.

3.2.2 The following records shall be considered confidential information.

3.2.2.1 Information of a personal nature if the public disclosure thereof would constitute an unreasonable invasion of privacy unless the public interest, by clear and convincing evidence, requires disclosure in the particular instance.

3.2.2.2 Information submitted by an employee in confidence and not otherwise required by law to be submitted where such information should reasonably be considered confidential and when the public interest would suffer by the disclosure.

3.2.2.3 Medical information and the employee's file with the physician performing employment-related physicals. However, medical records may be released pursuant to ORS Chapter 179.

3.2.3 Confidential information may be disclosed by the County if required by subpoena duces tecum or Court order issued by a Court administrative agency or other tribunal.

3.2.4 Confidential information may be released to the public if the employee gives voluntary and informed consent. Consent may be given on behalf of the employee by the employee's legal guardian or the conservator, administrator or executor of the employee's estate. Consent by a legal representative of the employee or the employee's estate shall be accompanied by proof of the representative's legal authority. Such consent shall be in writing and set forth with specificity the following:

3.2.4.1 The name of the employee.

3.2.4.2 Purpose or need for the disclosure.

3.2.4.3 Extent or nature of the information to be disclosed.

3.2.4.4 The name or title of the persons or organizations to which the information is to be disclosed or that the information may be released to the public.

3.2.4.5 Statement that the consent is subject to revocation at any time except to the extent that action has been taken in reliance thereon, and a specification of the date, event or condition upon which it will expire without expressed revocation.

3.2.4.6 A release of liability and an agreement to defend, indemnify and hold harmless Douglas County, its officers and employees for any damages or claims arising out of or incident to allowing disclosure of the requested information.