Common use of Personnel File Access and Security Clause in Contracts

Personnel File Access and Security. Section A. Privacy and Personnel Files‌ 1. The Board shall comply in all respects with current state and federal laws concerning public school system employee personnel files. The term “personnel files” refers to all records, information, data or materials, which are maintained by the School Board anywhere (including the work site file), which are uniquely applicable to that employee, whether maintained in one or more location. All files maintained on employees shall be confidential except as provided in School Board rules or Florida Statutes. Items may not be placed in an employee’s personnel file unless the item has been made known to the employee pursuant to Section 1012.31, Florida Statutes. 2. An employee, or his Association designee authorized in writing, shall have the right, upon request, to review all documents contained in his own official personnel file and in the files maintained by a principal or work site administrator, whether or not such documents are subject to public disclosure under state law. The sole exception shall be records, which are expressly restricted from disclosure by law. The employee must make an appointment with the Human Resources Department, the school principal or work site administrator, as the case may be, in order that a managerial employee will be present when the employee’s file is inspected. 3. A Union representative shall receive one copy of any document in an employee’s personnel file if either: a. the employee has given the Union written consent to review the file; b. review of the file is pertinent to the Union’s role in enforcing this Agreement. All documents used for investigations remain confidential as prescribed by state law. 4. An employee shall receive one copy of any document in his own personnel file upon request to the Human Resources Department. 5. No anonymous letters or materials shall be placed in the personnel file. Materials, which are derogatory to an employee, may be placed in a personnel file only if they pertain to work performance, or other matters that may be reason for discipline, suspension, or dismissal. Such material must be reduced to writing within forty-five (45) days and signed by a person competent to know the facts or make the judgment. Additional material may be added to clarify or simplify as needed. A copy of all such materials to be placed in the personnel file shall be provided to the employee either: a. by certified mail, return receipt requested to his/her address of record; or b. by personal delivery to the employee (employee’s signature on a copy of the materials signifies receipt only); or c. by a personal delivery to the employee with a statement by a non- bargaining unit witness certifying personal delivery to the employee. 6. An employee may have information placed in their file that pertains to their job performance, attitude, skills, or qualifications by submitting it to the Human Resources Department. 7. The employee has the right to answer in writing any such material in the personnel file within ten (10) working days after receipt.