Louisiana Department of Education                                              Employee Policies

Special School District (SSD)                                                           Effective Date: 8/12/2013

 

Personnel Files

 

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Applicability

 

Personnel files for LSS employees are maintained in the school’s Human Resources Office. Personnel files for SSP employees are maintained by the Department of Education’s Human Resources Office, and SSP employees will follow the Department’s policy on personnel files.

 

Policy

 

In accordance with federal and state law, SSD is required to maintain a variety of records on employees.  Some of the information maintained in an employee’s personnel file is considered public; however, some of the information is not.  This policy shall serve to protect the integrity and confidentiality of employee personnel files and to ensure that only information established as public by law is made available to the public.

 

This policy identifies the types of information in an employee’s personnel record that are considered public, outlines procedures for reviewing personnel records while ensuring the integrity and confidentiality of personal employee information, and recognizes other recordkeeping information essential to the maintenance and retention of employee information.

 

Personnel File Contents

 

SSD has the responsibility to collect and/or maintain employee information such as name, telephone number, home address, emergency contact numbers, employee and dependent insurance and retirement information, equal employment opportunity statistics, etc. 

 

Public Records

 

The following are examples of public documents and/or information that must be made available for public inspection upon request, as described later in this policy:

 

Employee name

Job title

Pay

Application

Resume

Record of appointments

Records of attendance, including leave requests

Current position description

Letters supporting formal disciplinary action

Birth certificate

Death certificate

 

All private information contained in any of these public records will be obscured or removed before the record is made available to the public.

 

Confidential Records

 

The following are examples of confidential records that are protected from general public access:

 

Employee social security number

Employee address and phone number (when employee has requested confidentiality)

College transcripts

Performance planning and review documents and ratings

Insurance documents

Internal grievance documents

Letters of counseling, warning, or reprimand (unless used to support disciplinary action)

Tax information

Paycheck deductions

Garnishments

Court orders

Bank information

Beneficiary information

I-9 forms

Medical records

Some records supporting leave (e.g., FMLA)

 

The Human Resources Director or Administrator or designee may grant access to confidential information maintained in an employee’s personnel record to supervisors or other department officials, if there is a legitimate business need for the information.  Any unauthorized dissemination of information in a personnel record is a serious violation of department policy and may subject the violator to disciplinary action.

 

Right to Examine Records

 

The Human Resources Director or Administrator is the official custodian of employee personnel records.  A request for a public record must be reviewed by the Human Resources Director or Administrator or designee before releasing the records.

 

The person requesting to review the record must submit the request in writing and may be required to produce documentation to verify identification and age of majority.  The Human Resources staff may not make any other inquiries regarding the request, nor ask to review any documents the person has when making the request.

 

A copy of public record(s) shall be provided when requested.  LSDVI will collect twenty-five cents per page for making copies of personnel records, in accordance with the uniform fee schedule established by the Commissioner of Administration. 

 

Employees are encouraged to review their personnel files periodically to ensure their information is correct, complete, and up-to-date. 

 

Availability of Records

 

If the record is not in active use at the time of the request, the Human Resources Director or Administrator or designee shall present the public record to the authorized person requesting it.   

 

Should there be any question as to whether or not a record is public, the Human Resources Director or Administrator or designee shall have three working days to make a determination and provide the person making the request written notification of the final determination and reasons for it.

 

Should the requested record be in use and not immediately available, the Human Resources Director or Administrator or designee shall certify that in writing, and shall provide a date and time within three working days that the record will be made available.

 

Correction Procedures

 

If an employee claims inaccurate information is filed in his/her personnel file, the employee may submit a written request to the Human Resources Director or Administrator for review and/or correction of the file.  If the Human Resources Director or Administrator finds that the information is accurate, the employee may submit a written statement to be placed in the record explaining why the employee disagrees with the record.

 

Inactive Personnel Records

 

The personnel record of a separated or inactive employee shall be imaged into the department’s electronic storage database and retained indefinitely. The hard copy record shall be retained in the Human Resources Office for a minimum of two years after the separation date, and may be forwarded to the State Archives for storage, in accordance with the school’s record retention policy.

 

 

REFERENCES:

Civil Service General Circular No. 1407 and 1598

 

La. R.S. Title 44 - Public Records Act

 

Louisiana Administrative Code – Title 4 – Chapter 3