Kansas City Missouri Police Department Personnel Policy 210-2 PDF

KANSAS CITY MISSOURI POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. PERSONNEL POLICY 02/09/2022 02/09/2022 210-2 SUBJECT...

KANSAS CITY MISSOURI POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. PERSONNEL POLICY 02/09/2022 02/09/2022 210-2 SUBJECT AMENDS Policy Series 200: Employee Guidelines 210 - Release of Personal Information REFERENCE RESCINDS Board Resolution 95-1: Records Management PI: Media Contact and Interactions PPBM 210-1 RSMo 610.021 (3) & (13) and Section 191.6561(1) Family and Medical Leave Act, Americans with Disabilities Act, as Amended I. INTRODUCTION A. This written directive provides guidance and procedures in relation to the release of members’ personal information. B. Personal information about members and applicants for employment will be considered confidential and will not be disclosed except in accordance with federal and state laws, Board of Police Commissioners Resolutions, Department written directives, court orders or pursuant to a subpoena. II. POLICY A. The following records are designated “closed” under the provisions of Section 610.021(3) and (13) RSMo. as they are established as individually identifiable personnel records and records pertaining to members or applicants for employment that contain personal information relating to the performance or merit of an individual member or applicant. Such records include those compiled in: 1. The Human Resources Division (HRD) pertaining to members or applicants for employment that are maintained for purposes of hiring, firing, disciplining, or promoting. 2. The Internal Affairs Unit (IAU) pertaining to miscellaneous internal investigations or internal investigations conducted as a result of citizen complaints that are maintained for purposes of firing, disciplining, or promoting members. 3. The Office of Community Complaints (OCC) pertaining to internal investigations of a member’s alleged policy violations conducted as a result of citizen complaints. These records are not investigations of criminal conduct. B. The following will not be designated as “closed” records: 1. Members’ names 2. Position 3. Salary 4. Length of service C. Records that are closed may also contain open information. As such, in response to a request for records the unit will separate open and closed records and/or make any necessary redactions to such record prior to disclosure. D. The following types of personal information about members will not be disclosed outside of the Department, either verbally or in writing, without the consent of the member (or member’s lawful next-of-kin, if the member is unable to provide consent), or in defense of a lawsuit/claim filed against the Department and/or member, or pursuant to a court order, a subpoena or as otherwise required by law, or as required between the Department’s HRD, Employee Benefits Unit (EBU) and medical providers relating to applicants’ and members’ physical and mental health: 1. Physical and mental health information including, but not limited to, information obtained during the application process, fitness for duty, claims for workers’ compensation, or retirement/separation process; 2. Information relating to a member’s sick leave or leave taken pursuant to the Family Medical Leave Act, or information relating to a member’s request for a reasonable accommodation pursuant to the Americans with Disabilities Act, as Amended; 3. As required by Section 191.656.1(1) RSMo., an applicant or member’s HIV infection status or the results of HIV testing will neither be disclosed outside the Department nor within the Department outside the Department’s HRD, EBU; 4. A member’s home address, phone number, social security number, date of birth, and familial status, including the names and ages of the member’s spouse, children and parents; 5. A member’s education, history and military service. -2- III. PROCEDURE A. Members receiving requests (telephone, written, in person) for personal information about members or applicants will promptly disseminate the request to the appropriate element: 1. Internal Investigations – IAU *2. Community Complaints – Office of Community Complaints 3. Job Applicants and employment references – HRD, Employment Section 4. Past and Present Members, including but not limited to confirmation of employment, salary, and tenure – HRD, Personnel Records Section 5. Requests from attorneys, (e.g. public defenders, prosecutors, etc.) courts and the Missouri Department of Public Safety – Office of General Counsel (OGC) 6. Requests from the media – Media Unit. Also refer to the current written directive entitled, “Media Contacts and Interactions.” 7. Medical and mental health care providers and workers’ compensation information – HRD, EBU. *B. Members requesting their own personal information will contact the Commander of HRD for appropriate direction and handling. C. Questions about the application of this directive should be directed to the OGC. Richard C. Smith Adopted by the Board of Police Commissioners this day 25th of January, 2022. Mark C. Tolbert Board President DISTRIBUTION: All Department Personnel Public View Master Index – Internet Department Master Index – Intranet Policy Acknowledgement SyStem (PASS) -3-