6. Evaluations/performance reviews

Exempt. See Versaci v. Superior Court, 127 Cal. App. 4th 805, 818-22, 26 Cal. Rptr. 3d 92 (2005) (holding that the personal performance goals of a former superintendent of a community college district established each year between the superintendent and the board and maintained as confidential as part of her personnel file were exempt from disclosure under California Government Code Section 6254(c).

Evaluations and performance reviews are exempt as part of an employee’s personnel file. See Del. Op. Att’y Gen., No. 02-ib24 (Oct. 1, 2002) (adopting the definition in 19 Del. C. § 731).

Not specifically addressed.

Public employee personnel files are not exempt from disclosure under the Act. However, the Act does exempt “[r]ecords consisting of confidential evaluations submitted to, or examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee.” O.C.G.A. § 50-18-72(a)(7).

Performance records are exempt from disclosure and qualify as personal information in confidential personnel records. Am. Civil Liberties Union Foundation of Iowa, Inc. v. Records Custodian, Atlantic Cmty. Sch. Dist., 818 N.W.2d 231, 232 (Iowa 2012); Des Moines Indep. Cmty. Sch. Dist. v. Des Moines Register & Tribune Co., 487 N.W.2d 666, 670 (Iowa 1992).

Generally held to be exempt as “personnel” information.  See Wakefield Teachers Ass’n v. Sch. Comm. of Wakefield, 431 Mass. 792, 798 (2000); Connolly v. Bromery, 15 Mass. App. Ct. 661, 664 (1983); Guide to Mass. Pub. Rec. Law 16–17 (Sec’y of State, rev. Mar. 2020), https://www.sec.state.ma.us/pre/prepdf/guide.pdf.

Letters or memoranda that are matters of opinion do not constitute public records.  See NMSA 1978 § 14-2-1(C).

State agencies, as employers, may disclose a current or former employee’s job performance information and/or employee’s service evaluation to prospective employers only if such disclosure is done with the consent or at the request of the current or former employee. 1997 OK AG 48.

“Personal documents relating to an individual, including information in any files maintained to hire, evaluate, promote, or discipline any employee of a public agency” are exempt from disclosure.  1 V.S.A. § 317(c)(7).  However, “all information in personnel files of an individual employee of any public agency shall be made available to that individual employee or his or her designated representative.”  Id.

Performance evaluations are exempt from disclosure if they are used by the employer for staff management planning. Wis. Stat. § 19.36(10)(d). Otherwise they are available for public inspection, subject to the balancing test.