3590 - PERSONNEL FILES

1. F.S. 1012.34 Personnel Files defines content, enables public access to all records not expressly excluded, and effectively reverses the prior law establishing the confidentiality of personnel records.  The term Personnel file means all records, information, data, or materials maintained by a public school system, in any form or retrieval system whatsoever, with respect to any of its employees, which is uniquely applicable to that employee whether maintained in one or more locations. 
2. F.S. 1012.34controls the entry of data into a personnel file and establishes the following requirements for such actions.
    
   1. Except for materials pertaining to work performance or such other matters that may be cause for discipline, suspension, or dismissal under laws of this State, no derogatory materials pertaining to an employee’s conduct, service, character, or personality shall be placed in the personnel file of such employee.
   2. No anonymous letters or materials may be added to the file.
3. Any material relating to evaluation, discipline, or being used for investigation is subject to the following provisions:
    
   1. Must be signed by a person competent or know the facts or making the judgment.
   2. Must be reduced to writing within forty-five (45) days of the school system administration becoming aware of the facts giving rise to the incident.
   3. A copy must be provided the employee with all file copies bearing certification of receipt by the employee.
   4. Such written material may be answered by the individual employee and a copy of the response attached to the file copies of the initially filed material.
   5. An employee may request an informal inquiry by the Superintendent or his/her designee into any material which the employee believes to be false. The official making the inquiry shall append a written report on his/her findings to the material.
4. All files, as previously defined, are subject to F.S. 119.07 and, therefore, are open to the public view with certain exceptions as follows:
    
   1. All evaluations conducted prior to July 1, 1983.
   2. Employee assessments are closed during the year which they are conducted and one (1) fiscal year thereafter. 
   3. Derogatory material relating to employee performance is confidential until ten (10) days after employee is notified.
   4. Payroll deductions, medical, psychiatric, and psychological records are confidential. (Except at any hearing related to an employee’s competency.)
   5. Materials relating to an investigation ceases to be active. (i.e., no probable cause found within sixty (60) days.)
   6. Access to the total file, including confidential material, is limited to Board members, Superintendent, principals, and their designees (in the course of their duties) and law enforcement officials (in conducting a lawful criminal investigation.) A log of each person inspecting the file must be maintained.

PROCEDURES FOR ADDING MATERIAL TO THE PERSONNEL FILE

1. Except for material pertaining to unacceptable work performance or other matters that may be cause for discipline, no derogatory or anonymous material shall be placed in the central or work site personnel file.
2. Materials relating to work performance, discipline, suspension, or dismissal must be reduced to writing with in forty-five (45) days of the administration becoming aware of facts and signed by a person competent to know the facts or make a judgment.
3. A copy of the material to be added to the files shall be provided to the employee by certified mail or personal delivery. The employee’s signature and date on a copy of the material to be filed shall be proof that such materials were given to the employee. Any material which is to be added to the files shall include the following statement:
   
   This is to confirm that a copy of the original of this document was provided to me
   
   On ___________________________ by ___________________________________.
          Date                                               School Official
   
   My signature merely signifies receipt of this document and does not necessarily indicate agreement with its contents.
   
   ____________________________________________     ______________________
   Employee’s Signature                                                         Date

ACCESS TO PERSONNEL FILES

PUBLIC REVIEW

1. F.S. 1012.34, Personnel Files, defines the content and enables public access to all records not expressly excluded. Pursuant to statutory revisions, records custodians are authorized to exclude from public access personnel file data on the following subjects:
    
   1. assessment records prior to July 1, 1983
   2. medical, psychiatric, and psychological records
   3. active investigations
   4. college transcripts
   5. payroll deductions
2. With the exception of data cited above, the personnel file of any employee shall be open to inspection upon request. Records custodians should review an employee’s file for compliance with F.S. 1012.34 before opening the file for inspection. The custodian of each record shall maintain a record in the file of those persons reviewing the file each time it is reviewed. Access to files is to be furnished at reasonable times, under reasonable conditions and under supervision of the custodian of records. Such review shall be recorded on the appropriate form.  Forms for review of personnel files can be obtained in Human Resources.

EMPLOYEE REVIEW

1. Individual employees may review the total file. Access to the files will be furnished a reasonable times, under reasonable conditions and under the supervision of the custodian of records. Such review shall be recorded on the appropriate form.

MANAGEMENT REVIEW

1. The Superintendent has authorized the following School District personnel access to confidential personnel records, provided the inquiry is job related and only on a need-to-know basis:
    
   1. Nonbargaining unit managerial personnel.
   2. Nonbargaining unit clerical personnel assigned to work with personnel files.
   3. Board attorneys and attorneys under contract to the Board.
2. F.S. 1012.34 provides access to principals/designee and law enforcement personnel. It is the responsibility of the records custodian to ensure compliance with appropriate administrative directives, Board rules, Florida statutes, and contractual provisions.

PRODUCTION PROCEDURES AND FEES

1. Every person who has custody of personnel files shall permit the files to be inspected and duplicated by any person desiring to do so, at reasonable times, under reasonable conditions and under supervision by the custodian of the records or designee.
2. The records custodian shall review the employee’s file for compliance with exemptions under F.S. 1012.34 before opening the file for inspection or duplication.
3. Reproduction of records is to be done on Board premises at a cost no greater than fifteen cents (.15) per page. An Individual Access Records Form must be added to the employee’s file showing the file was inspected and by whom.
4. When other than an individual employee and when the nature or volume of records is such as to require extensive clerical or supervisory assistance by personnel of the Board, we may charge in addition to the actual cost of duplication, a reasonable charge which shall be based on the actual salary rate of such personnel providing the service.

COMPLIANCE PROCEDURES

A.    The following items may be retained in the Personnel file.

DEFINITION OF TERMS

1. Evaluations
   
   Include classroom observations, annual evaluations, and reprimands. 
2. Complaint
   
   An accusation by any member of the public or Board employee changing an employee with misconduct and/or unacceptable performance.
3. Confidential Records
   
   Information that is not available for public review. This would include medical records, psychiatric/psychological files, payroll deductions, transcripts , preliminary investigations, active investigations, assessments prior to July 1, 1983.
4. Custodian of Records
   
   The appointed work site administrator, central office administrator or administrative designee charged by law with the responsibility of maintaining and supervising personnel files for the District.
5. Derogatory Material
   
   Material that tends to lessen the merit or reputation of an employee. 
6. Designee
   
   Persons authorized by Board members, the Superintendent, the principal, or the employee to inspect all aspects of the personnel file in the exercise of their respective duties. (Based on the need to know)
7. Inspection of Records
   
   Every person who has custody of personnel files shall permit the records to be inspected and examined by any person desiring to do so, at reasonable times, under reasonable conditions and under supervision of the custodian of the records. Confidential records are not available for inspection by the public.
8. Lawful Criminal Investigation
   
   Any investigation conducted by local, State, and Federal law enforcement agencies concerning criminal acts, according to the laws of the State or community as enforced by the courts.
9. Law Enforcement Personnel
   
   Any person employed by an authorized law enforcement agency to conduct an investigation concerning unlawful acts; e.g., employed by Federal, State, county or municipal agency.
10. Medical Records
    
    Include medical, psychological/psychiatric evaluations, medical releases, workers’ compensation reports and other letters, documentation or reports attendant to the employee’s medical condition.
11. No Probable Cause
    
    Findings of preliminary investigations showing no evidence to support or continue an investigation.
12. Official Logs
    
    Individual Access Records – form placed in each personnel file showing the date of inspection, person inspecting the file and records custodian authorizing the access.
13. Payroll Deduction
    
    Include Federal Income Tax and FICA deductions, deductions taken for insurance, union dues, retirement contributions, tax sheltered annuities and other investment deductions, alimony and court mandated deductions, charity deductions, credit union.
14. Personnel File
    
    All records, information, data or material maintained by the Board, in any form or retrieval system, with respect to any employee or former employee, which is uniquely applicable to the employee, whether maintained or stored in one or more locations. Such records may include, but are not limited to, public records such as employment application and supporting data, employment history and confidential records such as investigative files, payroll deductions, disciplinary actions, and medical/psychiatric evaluations.
15. Preliminary Investigation
    
    Investigative actions conducted to determine if there is probable cause to proceed further with complaint or alleged violation of Board rules and /or statutory provisions.
16. Probable Cause
    
    Result of preliminary investigation with findings of reasonable grounds for suspecting that violation of a Board rule or criminal offense has been committed. May lead to further investigation, disciplinary action or charges filed.
17. Right of Inquiry
    
    The employee has the right to request that the Superintendent or his/her designee make an informal inquiry regarding material in his/her personnel file which the employee believes to be false. The official conducting the inquiry shall append a written report of his/her findings to the personnel file.

Penalty – 119.02

1. Any public official who shall violate the provisions of F.S. 119.07 (1) shall be subject to suspension and removal or impeachment and, in addition, shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. 775.082 or F.S. 775.083.

Revised 2/24/22

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