ATTACHMENT 3

Confidentiality

Candidates are assured in public ads and announcements that all materials can be submitted in confidence subject to state law and policies. The following advice is offered.

1. Take special care to safeguard all candidate or nominee data. This includes being especially careful of materials when using a photocopying machine or information which might be visible in your office, car, or home. Treat all information as you would if you had access to or were in possession of someone’s personnel file.
2. In all cases, avoid discussing confidential matters concerning the search process, candidates, or nominees where you might be overheard. It can become easy to begin discussion in halls or elevators.
3. Avoid statements about the exact number of candidates or the exact search schedule. The unexpected often happens, making changes to a search schedule inevitable. The search committee chair will make all public statements and let committee members know what can be publicly shared. Leaks are damaging to the credibility of the search process and can result in the loss of stellar candidates who run a high professional risk through participation in a search.
4. You may be contacted by someone who offers data on a candidate. Do not acknowledge whether the individual is or is not a candidate. Refer the person to the search committee chair.
5. You may be asked if there are internal candidates. In some cases, there would be a single or several plausible internal candidates. Internal candidates are due the same confidentiality as external candidates. Simply say: “I cannot acknowledge whether there are or are not internal candidates as they are due the same degree of confidentiality as external candidates, but I can acknowledge that this is an open search for both external and internal candidates.”
6. In the active recruitment of candidates, it should be recognized that special initiatives may need to be taken to stimulate the interest of some individuals who would be highly desirable for the institution to have in the candidate pool.
7. The committee has an obligation to provide full and accurate information about the status of the institution.
8. Take care when taking notes in interviews or filling out evaluation forms. Federal, state, and institutional discrimination laws and policies are to be adhered to at all times. Consider only information that is relevant to the search process, e.g., whether the candidate has the necessary experience, education, and skills for the position in question.

Article 7 of GS 126, the State Personnel Act (governing personnel records) and cases interpreting that provision protect the names of applicants for positions as confidential. However, applicants own the confidentiality privilege and may agree to waive it.