Section 640.110  Public Records

 

Except as otherwise provided in this Part, all records of the Department of Personnel in the Office of the Treasurer (Department) including eligible lists shall be public records and shall be available for inspection on written request to the Director of the Department (Director) in accordance with the Freedom of Information Act (Ill. Rev. Stat. 1989, ch. 116, pars. 201 et seq.).

 

Section 640.120  Time and Manner of Inspection

 

a)         The records of the Department shall be available for inspection during regularly scheduled hours of work.  Such records may be inspected only in the presence of an authorized employee of the Department.

 

b)         In the event the working conditions or the number of persons inspecting such records or the volume of records to be inspected interfere with the operations of the Department, the Director may schedule appointments for the inspection of such records.

 

Section 640.130  Employee Roster Files

 

The Director shall establish and maintain personnel files for employees subject to the State Treasurer Employment Code (Code) (Ill. Rev. Stat. 1989, ch. 130, pars. 101 et seq.), pursuant to Section 6(c) of the Code, showing the name, sex, county of residence, date of original appointment to service, date of promotions, demotions, transfers, and other transactions, present position title, status, salary, and the operating department to which the employee is assigned.

 

Section 640.140  Confidential Records

 

The following records of the Department of Personnel shall be confidential and not available to public inspection:

 

a)         Personnel history of employee.  The employee or authorized agent may inspect the employee's personnel history and personnel file, if authorized is in writing and signed by employee.

 

b)         Reports of medical, psychological, and psychiatric examinations.  An employee may inspect all reports pertaining to him/her.

 

c)         All parts of examinations.  An employee or applicant may inspect his/her own answer sheet.

 

d)         The identity, complete questionnaire, and other documents related to salary surveys.  Results of salary surveys shall be available.

 

e)         No records of personnel transactions including requisitions and referrals will be made available until the transactions have been completed.

 

Section 640.150  Attendance Records

 

Each operating department shall maintain accurate, daily attendance records.

 

Section 640.160  Notification of Absence

 

An employee shall, whenever possible, provide advance notice of absence from work.  Absence of an employee for five (5) consecutive days without reporting to the department may be cause for discharge.

 

Section 640.170  Review of Attendance Records

 

An employee shall have the right to review his/her attendance record on file in his/her operating department or the Department of Personnel.

 

Section 640.180  Undated Forms

 

No supervisor or other person in a position of authority shall demand or request that an employee sign, nor shall any employee be required to sign, an undated resignation or any blank form.  Any such demand shall entitle the employee to immediate appeal to the Director.

 

Section 640.190  Incomplete Forms

 

Any information placed on a form or any modification of alteration of existing information made on a form subsequent to having been signed by an employee shall be null and void as it may effect the employee, the employee's position, or condition of employment.  Any employee required to sign any form prepared pursuant to this Part shall be given a copy of it at the time the employee's signature is affixed.

 

Section 640.200  Evaluation Forms

 

Employees shall be required to sign all evaluation forms to indicate they have read the evaluation and have discussed it with their supervisor.

 

Section 640.210  Portability of Certain Benefits

 

Sick leave earned but not taken by employees in the course of employment not subject to the Code shall be deemed to have been earned by them at the time they become subject to the jurisdiction to the extent the benefits are provided and would have been earned pursuant to the rules of the Office (80 Ill. Adm. Code 610, 620, 630, and 640).

 

Section 640.220  Effective Date of Rules

 

This Part and any amendments shall become effective upon filing with the Secretary of State, Administrative Code Division, pursuant to the provisions of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1001-1 et seq.).

 

Section 640.230  Savings Clause

 

If any Section or subsection of any Section of this Part shall be held invalid, the remaining provisions of the Part shall have, and shall be given, full force and effect as completely as if the invalidated Section or subsection had not been included therein.

 

Section 640.240  Interpretation and Application of Rules

 

The Director of Personnel shall determine the proper interpretation and application of each Section and Part promulgated by the Department of Personnel.  The decision of the Director as to the proper interpretation or application of any Section or Part shall be final and binding upon all departments and employees affected unless or until modified by the Review Board or the courts.  All departments and employees shall comply with the Director's decision in the absence of a written opinion of the Attorney General or a written directive of the Review Board declaring the Director's decision to be unlawful.

 

Section 640.260  Retroactivity

 

This Part shall not be retroactive beyond the date of its effectiveness.