Note - you have the right to inspect your file. G.L. c. 149 Sec. 52C:
Any employer receiving a written request from an employee shall provide the employee with an opportunity to review his personnel record within five business days of such request. The review shall take place at the place of employment and during normal business hours. An employee shall be given a copy of his personnel record within five business days of submission of a written request for such copy to his employer.
If there is a disagreement with any information contained in a personnel record, removal or correction of such information may be mutually agreed upon by the employer and the employee. If an agreement is not reached, the employee may submit a written statement explaining the employee's position which shall thereupon be contained therein and shall become a part of such employee's personnel record. The statement shall be included when said information is transmitted to a third party as long as the original information is retained as part of the file. If an employer places in a personnel record any information which such employer knew or should have known to be false, then the employee shall have remedy through the collective bargaining agreement, other personnel procedures or judicial process to have such information expunged. The provisions of this section shall not prohibit the removal of information contained in a personnel record upon mutual agreement of the employer and employee for any reason.
""Personnel record'', a record kept by an employer that identifies an employee, to the extent that the record is used or has been used, or may affect or be used relative to that employee's qualifications for employment, promotion, transfer, additional compensation or disciplinary action. A personnel record shall include a record in the possession of a person, corporation, partnership or other association that has a contractual agreement with the employer to keep or supply a personnel record as provided in this section. A personnel record shall not include information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of such other person's privacy. Without limiting the applicability or generality of the foregoing, all of the following written information or documents to the extent prepared by an employer of twenty or more employees regarding an employee shall be included in the personnel record for that employee: the name, address, date of birth, job title and description; rate of pay and any other compensation paid to the employee; starting date of employment; the job application of the employee; resumes or other forms of employment inquiry submitted to the employer in response to his advertisement by the employee; all employee performance evaluations, including but not limited to, employee evaluation documents; written warnings of substandard performance; lists of probationary periods; waivers signed by the employee; copies of dated termination notices; any other documents relating to disciplinary action regarding the employee. A personnel record shall be maintained in typewritten or printed form or may be handwritten in indelible ink.
The purging and retention of certain types of records is governed by the record retention schedule established by the Secretary of State. For example:
Civilian Complaints, no specific officers named
c.260, ss.3A, 5B
4 years following closure of investigation.
Civilian Complaints, substantiated
c.149, s.52c, c.260, ss.3A, 5B, c.277, s.63
7 years following closure of investigation or 3 years following termination of employment, whichever is later; retain outside personnel file.
Civilian Complaints, unsubstantiated
c.149, s.52C, c.260, ss.3A, 5B
4 years following closure of investigation or 3 years following termination of employment, whichever is later; retain outside personnel file.
Disciplinary Case Files, resulting from administrative reprimand
c.149, s.52C, c.151B, c.260, s.5B, c.277, s.63
29 CFR 1602.30
7 years following closure or 3 years following termination of employment, whichever is later; retain with personnel file.
Disciplinary Case Files, resulting from civilian complaint
c.149, s.52C, c.260, ss.3A, 5B, c.277, s.63
7 years following closure or 3 years following termination of employment, whichever is later; retain with personnel file.
Internal Investigation Case Files
c.151B, c.260, s.5B, c.277. s.63
7 years following closure; retain with personnel files.
Reprimands, administrative
c.149, s.52C, c.151B, c.260, s.5B
4 years or 3 years following termination of employment, whichever is later; retain with personnel file.
Reprimands, resulting from civilian complaint
c.149, s.52C, c.260, ss.3A, 5B
c.277, s.63
7 years following closure or 3 years following termination of employment, whichever is later; retain outside personnel file.
