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21LSO-0163
2021
STATE OF WYOMING
21LSO-0163
Numbered
2.0
SENATE FILE NO. SF0020
Public records-personnel files.
Sponsored by: Joint Judiciary Interim Committee
A BILL
for
AN ACT relating to public records; clarifying the right of inspection for personnel files; providing definitions; making conforming amendments; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 16
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4
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201(a) by creating new paragraphs (xv) through (xvii) and 16
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4
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203(b)(vii) and (d)(iii) are amended to read:
16
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4
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201.
Definitions; short title; designation of ombudsman.
(a)
As used in this act:
(xv)
"Elements of performance" means any information that bears on the public duties of a specified public employee;
(xvi)
"Institution of higher education" means the University of Wyoming and any community college in this state;
(xvii)
"Specified public employee" means any of the following former and current employees of governmental entities:
(A)
The attorney general and the director of any department of the executive branch appointed by the governor under W.S. 9
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2
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1706, or the director of any legislative agency;
(B)
The president of any institution of higher education;
(C)
The chief executive officer or director of any separate operating agency under W.S. 9
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2
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1704(d);
(D)
Commissioners of the public service commission and members of the state board of equalization;
(E)
Managers of municipalities employed under W.S. 15
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4
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202.
16
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4
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203.
Right of inspection; grounds for denial; access of news media; order permitting or restricting disclosure; exceptions.
(b)
The custodian may deny the right of inspection of the following records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest:
(vii)
An application for the position of president of an institution of higher education, letters of recommendation or references concerning the applicant and
records or information relating to the process of searching for and selecting the president of an institution of higher education, if the records or information could be used to identify a candidate for the position.
As used in this paragraph "institution of higher education" means the University of Wyoming and any community college in this state;
This paragraph shall not apply to current presidents of institutions of higher education;
(d)
The custodian shall deny the right of inspection of the following records, unless otherwise provided by law:
(iii)
Personnel files except
those
as otherwise provided by this paragraph. For all employees of governmental entities, personnel
files shall be available to the duly elected and appointed officials who supervise the work of the person in interest. Applications, performance ratings and scholastic achievement data
for all employees of a governmental entity
shall be available
only
to the person in interest and to the duly elected and appointed officials who supervise his work. Employment contracts, working agreements or other documents setting
forth the terms and conditions of employment of public officials and employees
of a governmental entity
are not considered part of a personnel file and shall be available for public inspection
. For all employees of a governmental entity, personal information that would constitute an unwarranted invasion of personal privacy shall not be available for inspection. Applications, performance ratings and elements of performance for specified public employees defined in W.S. 16
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4
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201(a)(xvii) shall be available for public inspection. Subject to the provisions of this act, documents placed within a personnel file are not automatically exempt from inspection under this paragraph
;
Section 2
.
This act is effective July 1, 2021
.
(END)
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SF0020