3590 - PERSONNEL FILE

1. It is necessary for the orderly operation of the School District to prepare a personal information system for the retention of appropriate files bearing upon an employee's duties and responsibilities to the District and the District's responsibilities to the employee.
2. The Board requires that sufficient records exist to determine an employee's qualifications for the job held, compliance with Federal, State, and local benefit programs, conformance with District rules, and evidence of completed evaluations. Such records will be kept in compliance with the laws of the State of Florida.
3. Materials relating to work performance, discipline, suspension, or dismissal will be reduced to writing and signed by a person competent to know the facts or make the judgment. The resignation or termination of an employee before an investigation of alleged misconduct by the employee affecting the health, safety, or welfare of a student is concluded must be clearly indicated in an employee's personnel file.
4. The term personnel file as used in this section shall mean all records, information, data, or materials maintained by a public school system, in any form or retrieval system, with respect to any of its administrative staff, which are uniquely applicable to that employee, whether maintained in one (1) or more locations. Only that information which pertains to the professional role of the employee and submitted by duly authorized school administrative personnel and the Board may be entered in the official record file.
5. Pursuant to State law, a complaint of misconduct against a District employee, and all information obtained pursuant to an investigation by the District of the complaint of misconduct, are confidential and exempt from inspection or copying until the investigation ceases to be active, or until the District provides written notice to the employee who is the subject of the complaint, in the manner set forth below, that the District has either:
    
   1. concluded the investigation with a finding not to proceed with disciplinary action or file charges, or
   2. concluded the investigation with a finding to proceed with disciplinary action and/or to file charges. If the investigation results in such a finding, the District shall also file a legally sufficient complaint regarding the misconduct as required by State law and Policy 8141 - Mandatory Reporting of Misconduct by Certificated Employees.
6. Materials relating to work performance, discipline, or dismissal must be reduced to writing and signed by an individual competent to know the facts or make the judgment. In cases of separation due to termination or resignation in lieu of termination, the person shall execute and maintain an affidavit of separation, on the form adopted by the Florida Department of Education, setting forth in detail the facts and reasons for such separation. The affidavit must expressly disclose when separation is due to a report of sexual misconduct with a student. The affidavit of separation must be executed under oath and constitutes an official statement within the purview of F.S. 837.06. The affidavit of separation must include conspicuous language that intentional false execution of the affidavit constitutes a misdemeanor of the second degree.
7. Regardless of the status of an investigation, any legally sufficient complaint will be filed in writing with Florida Department of Education (FLDOE) within thirty (30) days after the date on which the subject matter of the complaint comes to the attention of the District pursuant to F.S. 1012.796(1)(d)1. A complaint is legally sufficient if it contains ultimate facts that show a violation has occurred as provided in F.S. 1012.795 and defined by rule of the State Board of Education.
8. Any material that is derogatory to an employee shall not be open to inspection for an additional ten (10) days after the employee has been notified either:
    
   1. by certified mail, return receipt requested, to his/her address of record; or
   2. by personal delivery. The employee’s signature on a copy of the materials to be filed shall be proof that such materials were given to the employee, with the understanding that such signature merely signifies receipt and does not necessarily indicate agreement with its contents.
9. No record in a personnel file which is confidential and exempt from inspection and copying pursuant to applicable law shall be disclosed except as provided by applicable law.
10. The Superintendent shall maintain a record in each personnel file of those persons reviewing the files each time they are reviewed.
11. The Superintendent shall develop guidelines as to what should be included in a personnel file. The contents of the personnel files should be consistent from file to file. The District should periodically conduct audits of personnel files to determine whether the contents are consistent with the guidelines.
12. A copy of each such entry shall be given to the employee upon request.
13. The employee shall have access to his/her file upon request.
14. The related procedures manual is entitled Personnel File Procedures.

Revised 11/16/10
Revised 3/11/14
Revised 10/28/14
Revised 2/8/22
Reviewed 4/25/23

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