Personnel records

 

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Discussion 6

Personnel records are extremely important documents. Research information on how your district deals with the following:

 

1. Definition of personnel file

2. Where can it be kept?

3. What type of information can be kept in the file

4. Who has access to the file? (In FL, remember the sunshine law)

5. Under what conditions can access be refused?

6. Under what condition (s) can a newspaper see the contents and publish the information, including teacher evaluations?

7. What statutory/ contractual responsibility does a principal have when receiving an anonymous complaint accusing a teacher of improper behavior?

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Respond wit at least 150 -200 words only one

Carolyn

Personnel records are extremely important documents, which must be secured within the organization; these documents are the property of the organization and must be maintained for record-keeping purposes. An employee’s personnel file is composed of personnel records that may be a hybrid of both paper and electronic records and may be stored in central Human Resources, the unit or digitally (University of Michigan,2022).  The definition has been expanded to include any “record kept by the employer, to the extent that the record is used or has been used, or may affect or be used relative to that employee’s qualifications for employment, promotion, transfer, additional compensation, or disciplinary action.”

According to the collective bargaining agreement of Collier County, “The EMPLOYEE’s personnel file shall be maintained by the SUPERINTENDENT or his designee, and EMPLOYEES shall have the right to examine and obtain copies of any material in their personnel files. Copies shall be provided the EMPLOYEE upon request at the expense of the EMPLOYEE.” The personnel file is housed in the administrative building by the chief human resources personnel.

The personnel file contains pertinent information about the employee Employment application, resume, cover letter, education verification, employment verification, job description, job offer letter or contract, official forms such as promotion requests, formal feedback, employee handbook receipt, termination documentation, and any other documents related to the employee’s job. Additionally, employment references, background investigation reports, criminal history reports, pre-employment screening tests, interview notes, I-9 forms, benefits enrollment forms and related documents, tax forms (W-4) among others, data collection forms on gender, race or ethnic origin, military status and disability, attendance records, internal and external investigation files of complaints by or against the employee, supervisory notes and correspondence, exit interview forms and notes, medical history questionnaires, medical evaluations and related documents, notes from doctors, requests for Family and Medical Leave Act (FMLA) leave and related documents, and requests for Americans with Disabilities Act (ADA) accommodations and related documents, workers’ compensation history, claims and related documents, results of drug/alcohol tests and related documents, and any documents about past or present health, medical condition, or disabilities. The superintendent and designee have full access to the file. Other employees in the District may access the file on a need to know basis. In Florida, the Sunshine Law (Fla. Stat. § 119.01 et. seq.) governs access to public records in Florida. When determining whether or not you have the right to access the information contained in your personnel file in Florida, the first question you need to ask yourself is whether you work for a public or a private employer. Florida Sunshine Law does not give you the right to any and all information. The Florida Statutes or the “Public Records Law.” This law provides that any records made or received by any public agency in the course of its official business are available for inspection, unless specifically exempted by the Florida Legislature. Over the years, the definition of what constitutes “public records” has come to include not just traditional written documents such as papers, maps and books, but also tapes, photographs, film, sound recordings and records stored in computers.

Florida’s Government-in-the-Sunshine Law was enacted in 1967. Today, the Sunshine Law regarding open government can be found in  Chapter 286 Links to an external site.  of the Florida Statutes. These statutes establish a basic right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies or authorities.

Under what conditions can access be refused? Access can be denied if blocked by judicial authority. A teacher can see the contents of a teacher’s file if the teacher has had complaint filed against him or her. The records can be made public and are subject to release if the request is made and the request is approved.

What statutory/ contractual responsibility does a principal have when receiving an anonymous complaint accusing a teacher of improper behavior? The principal is not supposed to keep said information confidential. There are statutes which protect whistleblowers from retaliatory action. The Florida Whistleblowers Act “is a remedial statute and should be liberally construed in favor of granting access to protection from retaliatory actions. Employees who disclose information “alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty” are also entitled to protection.

 

Sabrena

The records, data, or material that are distinctively applicable to an employee whether maintained in one or more locations by the district, as articulated in the board policies of my school district, is the definition of a personnel file. Protecting and properly managing the information that is inside an individual’s personnel file is an essential obligation of school districts and human resources administrators. Execution of this responsibility involves prudent examination and awareness of federal and state laws. To protect against litigation, Rebore (2015) suggests, established procedures should specifically define functions and duties regarding access and engagement with an individual’s personnel file, such as who is responsible for managing the information included in the file and under what circumstances the contents can be released.

According to board policy, the official personnel file is maintained by the superintendent or designee for each person employed by the district. Standard personnel and business information including materials pertaining to the employee’s work performance, discipline, suspension, or dismissal are the items maintained in the personnel file. Information from anonymous letters, calls, or materials should not be in the employee’s file, although principals are required to initiate an investigation when such a complaint is reported. The school board personnel file is open to inspection and available for review to any person requesting to do so, including the media, except for personnel records which are currently provided by law to be confidential and excluded from public inspection, as stipulated in (School Board Policies Ch 3, 2022):

· Any complaint and any material relating to the investigation of a complaint against an employee until the conclusion of the preliminary investigation, or until such time as the preliminary investigation ceases to be active as defined in Florida Statutes.

· Employee evaluations prepared pursuant to Florida Statutes, State Board of Education rules, or School Board policies shall be confidential until the end of the school year immediately following the school year during which each evaluation is made.

· Payroll deduction records of employees.

· Employee medical records, including medical claims, psychiatric and psychological records; provided, however, at any hearing relative to an employee’s competency or performance, the hearing officer or panel shall have access to such records.

· Materials derogatory to the employee until ten (10) days after the employee has been notified, by certified mail or hand delivery, pursuant to Fla. Stat. §1012.31, as now or hereafter amended.

· Any information in a report of injury or illness filed pursuant to Florida Statutes that would identify an ill or injured employee.

· Any other information which is exempt from disclosure pursuant to State or Federal law.

Accessing and examining a personnel file, during a reasonable time, is the right of the employee, including the right to have a representative present at the time the file is being reviewed. Additionally, on written and signed authorization, the employee may also permit any designated person to examine the file outside his/her presence.

Also having the authority to review personnel files are officials such as:

· Law enforcement personnel in the conduct of a lawful criminal investigation

· School Board members, the Superintendent or designee, and school principals or designees in the exercise of their respective duties

· School Board Attorney and other attorneys for the School Board, as designated representatives on matters of District business.

· The Internal Auditor, when such inspection is pertinent to carrying out his or her respective duties, or as otherwise specifically authorized by the Audit Committee or the School Board.

Whenever a personnel file is reviewed by an employee or designated representative, an administrator or designee must be present.

 

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