FILE: GAK
PERSONNEL RECORDS
The Board shall establish and maintain a personnel file on each employee. It shall be the responsibility of the Superintendent to supervise the maintenance of personnel files and to maintain updated, complete and accurate records.
Confidential information contained in an employee’s records shall not be transmitted to other persons or agencies without written approval by said employee or as subpoenaed by legal authorities.
The employee, or any person designated in writing by the employee, may, upon request, review all of the contents in his/her personnel file during normal business hours and receive copies of any documents contained in the file. No document shall be withheld from the employee or his/her representative. A representative of the employee may accompany him/her during the personnel file review. The employee may answer or object in writing to any material in his/her file, and the answer or objection shall be attached to the appropriate material. The employee waives all privacy right claims against the Board relative to any documents the employee shares with any representative or any other third person.
Under no circumstances shall an employee request permission to review his/her personnel file during times when the employee is supposed to be fulfilling employment related duties.
Any materials pertaining directly to work performance may be placed in the record of the employee and a copy of the materials shall be provided to the employee. Statements, reports and comments relating to work performance, disciplinary action against the employee, suspension of the employ or dismissal of the employee shall be reduced to writing and signed by a person reasonably competent to know the facts or make a judgment as to the accuracy of the subject information. Additional information related to the written materials previously placed in the personnel file may be attached to the material to clarify or amplify them as needed. A copy of all materials to be placed in an employee’s record which may tend to diminish the employee’s professional or work status or reflect adversely on the employee’s record of performance or character shall be provided to the employee.
Any anonymous complaint or material received by a school official shall be immediately transmitted to the Superintendent. If the material is deemed worthy of an investigation by the Superintendent, it may be investigated. The results of the investigation shall be reduced to writing, signed by the Superintendent, principal, or other designated official in charge of the complaint, dated, attached to the material in question and placed in the personnel file of the employee. Any anonymous complaint, which is not investigated within 30 calendar days of its receipt by the Superintendent, shall not be retained, but shall be destroyed.
The transfer of the personnel file or any parts, summation or copies of the personnel file of the employee shall be effectuated upon the written request of the employee.
The Board may transfer an employee’s personnel file or copies or parts thereof to another employer or prospective employer.
Any documents, which may be lawfully contained in the personnel file of an employee, shall be made available to a lawfully authorized hearing officer or panel conducting an investigation into the competency or performance of the employee and to all appropriate law enforcement officials. Statistical information on employees and former employees may be transmitted to the Department of Archives and History and to the State Department of Education for historical research and information.
ADOPTED: August 13, 2002
LEGAL REF: Code of Alabama 16-1-30; 16-22-14