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Policy Office |
Frequently Asked Questions
Preguntas
Frecuentes
Pertaining to Inspection of Public Records and Policy Changes Approved 8/12/08
Click on the question below to view the answer.
1a. How do UNM employees opt-out (let
the Custodian of Public Records know not to disclose home contact information)?
1b. How do UNM Hospital employees opt-out?
2. How do I to tell the Custodian not to release
information I provide to the University about my family members?
3. What if employees in my unit do not have
access to computers?
4. Will individuals be notified when information about
them is released?
5. What is the process for protecting Social
Security Numbers on applications and resumes?
6. What UNM polices were changed?
7. What policy changes were made that would
affect employees' records?
8.
What is the IPRA or Inspection of Public
Records Act?
9. What employee information is subject to disclosure?
10. What information will not be disclosed?
11. Why are policies pertaining to the IPRA being changed?
12.
Will information be placed on-line for all to see?
13. How does a non-employee op-out?
To view the policies click below
Policy
2300
"Inspection of Public
Records" Click
here
to see redlined version showing changes
Policy
3210 "Recruitment and Hiring" Click
here
to see redlined version showing changes
Policy
3710
"Personnel Information Disclosure Policy Click
here
to see redlined version showing changes
1a. How do UNM employees opt-out (let the Custodian of Public Records know not to disclose home contact information)?
1. Log into the MyUNM portal at
http://my.unm.edu
2. Click on the "Employee Life" tab
3. Click the big red Lobo paw in the "LoboWeb for Employees" section at the top
center of the page
4. Click the "Personal Information" link.
5. Click the "IPRA Opt-Out of Disclosure of Home Information" link.
6. Read the agreement, and if you would like to opt-out, click the checkbox and
click the "Submit" button
7. A green confirmation box will appear confirming that your opt-out has been
recorded.
8. Click the "logout" button at the top right of the page. It is very important
that you log out after completing the opt-out process.
1b. How do UNM Hospital employees opt-out (let the Custodian of Public Records know not to disclose home contact information)?
1. Go to UNMH Intranet Page at
https://hospitals.health.unm.edu
2. Click on Human Resources icon
3. Go to DataShare and log in
4. Under the Employee Tools section click on the IPRA Opt Out link
5. Read the agreement, and if you would like to opt-out, click the checkbox and
the Submit button
6. A confirmation page will come up confirming that your opt-out has been
recorded
2. How do I tell the Custodian not to release information I provide to the University about my family members.
You do not need to tell the Custodian not to release this information. Information you give to the University in your applications, for employee benefits, life insurance, health insurance, child care and health spending accounts, and emergency contact forms is not subject to release under the IPRA. The opt-out is only for information contained in public documents.
3. What if employees in my unit do not have access to computers?
They should contact the HR Service Center at 2801 Lomas (277-6947) for assistance. The Service Center also has bilingual staff who can communicate with non-English speaking staff.
4. Will individuals be notified when information about them is released?
UNM Policy 2300, "Inspection of Public Records" requires the Custodian of Public Records to promptly notify a particular individual if an IPRA request seeks information relating specifically to a particular individual or to a small number of individuals. The Custodian will make a good faith effort to contact and advise each individual of the request and the name of the requester. With respect to UNM employees, the Custodian is likely to communicate by telephone or e-mail. If the employee has comments to provide to the Custodian about reasons, including additional legal reasons the information should not be released, he or she must do so within five (5) days after the Custodian has given notice. It is important to remember that it is the Custodian who determines whether information is to be released and not the individual employee.
5. What is the process for protecting Social Security Numbers on applications and resumes?
Social Security Numbers (SSNs) are not requested on applications. In the past SSNs have been requested by eJobs, but the number never prints out on a document so it cannot be released. In addition, SSNs are protected by the Federal Privacy Act and are not public records. For a complete explanation on how SSNs are protected, refer to Policy 2030 “Social Security Numbers” which can be viewed at http://www.unm.edu/~ubppm/ubppmanual/2030.htm. Any public record which is required to be released under these policies and the IPRA that contains social security numbers will have the SSN redacted prior to the disclosure of the document.
6. What UNM polices were changed?
Regents' Policies: At their May 28, 2008 meeting, the Board of Regents voted to change the following policies in the Regents’ Policy Manual: Policy 2.17 "Public Access to University Records"; Policy 6.7 "Disclosure of Information About Candidates for Employment"; Policy 6.8 "Disclosure of Information About Employees"; and Policy 7.2 "Internal Auditing". All of the changes were intended to ensure that UNM is in complete compliance with the IPRA and to clarify the framework in which UNM will respond to public record requests.
Big Red Policies: At the August 12, 2008 meeting, the Board of Regents approved revisions to three policies contained in the University Business Policies and Procedures Manual (Big Red) that were recommended by President Schmidly: Policy 2300 "Inspection of Public Records"; Policy 3210 "Recruitment and Hiring"; and Policy 3710 "Personnel Information Disclosure Policy." These three administration policies contain important information on how the Regents' policy revisions will be implemented.
7. What changes were made that would affect employees' records?
The significant changes for employees to the UNM policies include the following:
The specification that applications for employment, including resumes and curriculum vitae but excluding letters of reference and matters of opinion in personnel files, are public documents subject to disclosure. Information protected from public disclosure under other state or federal laws, such as social security numbers, are not (and never have been) subject to disclosure as part of a response to a public record request.
Drafts of Internal Audit reports and related audit materials are also subject to disclosure. Previously only the final audit report as accepted by the UNM Regents Audit Committee was considered to be a public document.
The opportunity for employees and applicants for employment to request the Custodian of Public Records not to disclose (i.e. to redact from any public documents any home contact information. See FAQ #4.
8. What is the IPRA or Inspection of Public Records Act?
The Inspection of Public Records Act (IPRA) is a New Mexico law giving every person the right to inspect the public records of the state, subject to certain exceptions. As a public institution, the public records of the University of New Mexico are subject to the IPRA. Under the IPRA, any person can inspect any public record and is not required to give a reason for the inspection request.
The law requires that each public body designate a public records custodian who shall receive and respond to all requests for public records. At UNM, the public record custodian seeks the advice of the Office of University Counsel for any record request where the responsive documents contain material that may be subject an exception under the IPRA or any other state or federal law.
9. What employee information is subject to disclosure?
The following are subject to disclosure if requested as part of an IPRA request.
Employee names
Job applications, resumes, curriculum vitae except for exempt information that will be redacted before production for public inspection as discussed in Section 2.2. of Policy 3710.
Salary information
Job title
Organization
Dates of employment
Personnel files are also subject to disclosure, with the exception of letters or memoranda containing matters of opinion.
10. What information will not be disclosed?
Information specifically excepted from disclosure under the Inspection of Public Records Act (IPRA) includes medical records; letters of reference; letters or memoranda which are matters of opinion in personnel file or students’ cumulative files; law enforcement records; and the identity of applicants for public university or college president. The IPRA also prohibits disclosure where such disclosure would violate another state or federal law. Under this exception, social security numbers, attorney-client privileged information, health information, library patron records, names of persons receiving public assistance, records of treatment for substance abuse, could not be disclosed, to name just a few examples. Employees may exempt home information through the opt-out process. See FAQ #1.
11. Why are policies pertaining to the IPRA being changed?
The Inspection of Public Records Act (IPRA) begins with the premise that all public records of a public body are available for inspection, subject to certain objections. The IPRA’s definition of “public record” and the listed exceptions provide guidelines for determining when a record should be produced. UNM possesses and maintains a tremendous volume of records, many of which are unique to a higher education and/or healthcare setting. The UNM policies were in need of clarification to address the evolving issues that are pertinent to how record requests are handled, and to make sure that UNM is in complete compliance with the law.
12. Will information be placed on-line for all to see?
No, information is provided only to the requestor in response to a written request. It is usually provided in written format; however, some information may be transmitted electronically. Although no information is posted on the web, some information such as salaries, title and pay grade are located in the library for general access.
13. How does a non-employee op-out?
Applicants will be able to opt-out as part of the application process. Requests for any student records, including those of student employees, will continue to be handled in compliance with the Family Education Privacy Act (FERPA), including FERPA's process to exclude home contact information from directory information.
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