We have opined that an ex-employee has a statutory right, as described below, to review his/her personnel file for a two-year period after his/her employment with the city has terminated. A key provision in this regard is RCW 49.12.250, which provides, in part:
3) A former employee shall retain the right of rebuttal or correction for a period not to exceed two years.
The reference to retaining the right of rebuttal or correction must be considered in the context of the other provisions of RCW 49.12.250, which provide, related to an employee's personnel file:
(1) Each employer shall make such file(s) available locally within a reasonable period of time after the employee requests the file(s).
(2) An employee annually may petition that the employer review all information in the employee's personnel file(s) that are regularly maintained by the employer as a part of his business records or are subject to reference for information given to persons outside of the company. The employer shall determine if there is any irrelevant or erroneous information in the file(s), and shall remove all such information from the file(s). If an employee does not agree with the employer's determination, the employee may at his or her request have placed in the employee's personnel file a statement containing the employee's rebuttal or correction. Nothing in this subsection prevents the employer from removing information more frequently.
In order for the right of rebuttal or correction referenced in RCW 49.12.250(3) to be meaningful, a former employee would need to be able to review the contents of the file to possibly rebut or correct information in that file. So, for a two-year period after an employee has concluded his/her employment with the city, that employee retains the right to review his/her personnel file, in accordance with RCW 49.12.250 (and RCW 49.12.260, - see below).
Note that there are limitations on an employee's right of inspection related to his/her personnel file. Presumably, those same restrictions apply as well to former employees. RCW 49.12.260 provides:
RCW 49.12.240 and RCW 49.12.250 do not apply to the records of an employee relating to the investigation of a possible criminal offense. RCW 49.12.240 and RCW 49.12.250 do not apply to information or records compiled in preparation for an impending lawsuit which would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
Once the two-year period referenced in RCW 49.12.250 expires, there's no specific provision allowing a former employee the right to inspect his/her personnel file. The plain meaning of the term "employee" in this context refers to someone working for the city and doesn't seem to include someone who formerly worked for the city. The definition is included in RCW 49.12.005, as follows:
(4) "Employee" means an employee who is employed in the business of the employee's employer whether by way of manual labor or otherwise.
So, after the two-year time period, a former city employee would have the same right of inspection of city records as any other person under the Public Records Act (PRA) (chapter 42.56 RCW). As a practical matter, the city could choose in such a situation to allow a former employee broader access to his/her own personnel file, but the city wouldn't be legally required to.
You also asked whether the city can allow a former employee to make copies of records in his/her personnel file. Based on the provisions referenced above, specifically RCW 49.12.240 and RCW 49.12.250 and RCW 49.12.260, we think the city can make copies of records in a former employee's personnel file and make those records available to that former employee, as long as the city complies with RCW 49.12.250, RCW 49.12.260, and the PRA. If the city is making the records available in response to a PRA request, the city would need to review the records to determine if any exemptions under the PRA apply to any information in any records that are responsive to such a PRA request.
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