FILE: GAK
Cf: CG
PERSONNEL RECORDS
The East Baton Rouge Parish School Board shall require the maintenance of a uniform system of personnel records for all employees. It shall be the responsibility of the Superintendent or designee to keep the records updated and complete in accordance with statutory provisions.
A personnel file shall be accurately maintained in the central administrative office for each present and former employee. These files shall contain applications for employment, references, and records relative to compensation, payroll deductions, evaluations, and such other matters as may be considered pertinent to the proper maintenance of all personnel records. It is the duty of the employee to furnish the personnel office with certificates, transcripts, statements of degrees, and other educational experience related documentation.
The Superintendent shall be designated as custodian of all personnel files and shall have the overall responsibility for maintaining and preserving the confidentiality of the files. The Superintendent may, however, designate another official to perform the duties of records management on the understanding that this official is to be held responsible for granting or denying access to records on the basis of these guidelines.
GENERAL ACCESS TO AN EMPLOYEE'S PERSONNEL FILE
Any school employee requesting to see his/her personnel file shall be given access to his/her entire personnel file, including but not limited to all documents placed in the employee’s file on or before September 1, 1987. The contents of a school employee's personnel file shall not be divulged to third parties without the express written consent of the school employee, except when ordered by a court or by subpoena, or in accordance with this policy. No school system employee other than the personnel file custodian or the Superintendent for the system, or the designee of either, who shall be a school system employee, shall be allowed access to a school employee's personnel file without the school employee's expressed written consent, unless that employee is charged with the duty of supervising that particular school employee's performance. A School Board member or any other person authorized pursuant to this policy shall be permitted to examine any and all records of the school system, except school employee records relative to evaluations, observations, formal complaints, and grievances. However, in accordance with La. Rev. Stat. Ann. §17:81, the School Board, upon a majority vote of the total School Board membership, shall have the right to examine any and all records of the school system, including personnel records.
In case a personnel file should be accessed by the School Board or anyone else, the employee whose file was so accessed shall receive written notice of the fact and the name and title of the person who was permitted access. All persons permitted access shall maintain the confidentiality of those documents in the file that are not matters of public record.
If an employee wishes to review and/or obtain a copy of his/her personnel file, the employee must make a written request to the Associate Superintendent of Human Resources not less than forty-eight (48) hours before the date the file will be reviewed.
REQUESTS FOR ACCESS AND INSPECTION
Additions to Personnel File
No complaint, commendation, suggestion, or evaluation may be placed in the evaluation file unless it meets the following requirements:
Each document concerning a school employee shall be placed in the employee's personnel file within a reasonable time and no document, except those resulting from routine recordkeeping, shall be placed in a school employee's personnel file by any school system employee, unless and until that school employee is presented with the original document and a copy thereof prior to its filing.
Upon receipt of the original document and copy of the same, the school employee shall sign the original document as an acknowledgement of the receipt of the copy of the document. Such signature shall not be construed as an agreement to the contents of the document.
Rebuttal and Response
Each school employee shall be given the opportunity to rebut and to respond to a document placed in his/her personnel file including but not limited to any document placed in such file on or before September 1, 1987.
The rebuttal and response must be in written form and once filed shall be attached to the document to which the response and rebuttal applies, and thus become a permanent part of the school employee's personnel file as long as the document remains a part of the personnel file.
No document or copy thereof, to which a response and rebuttal has been filed, shall be used for any purpose whatsoever unless the rebuttal and response or copy thereof is attached to the document or copy sought to be used.
A school employee shall have the right to receive proof of any allegations and statements contained in a document placed in his/her file that the school employee believes to be inaccurate, invalid, or misrepresented. If such proof is not presented, the document containing the allegations and statement shall be removed from the school employee's personnel file and destroyed.
If, at any time, the Superintendent takes any personnel action against an employee based upon any document that was placed in the employee’s file on or before September 1, 1987, the employee shall be given the opportunity to rebut and respond to such document.
Procedure for Filing of Rebuttal and Response
Any rebuttal and response to a document placed in a school employee's personnel file shall be filed by the employee within fifteen (15) school days from the date on which the school employee signs the document acknowledging its receipt.
The school employee may be granted an additional ten (10) school days for the filing of the rebuttal and response, provided the school employee requests such an extension in writing addressed to the personnel file custodian within the original fifteen-day period. The personnel file custodian's consent to the ten-day extension of time shall not be unreasonably withheld.
The rebuttal and response shall be deemed filed by the delivery of the original and one copy of the rebuttal and response to the personnel file custodian. The personnel file custodian shall then sign and date the original rebuttal and response and file the same into the school employee's personnel file. The personnel file custodian shall also sign and date a copy of the rebuttal and response and return the same to the school employee.
CONFIDENTIAL INFORMATION
Certain items in the personnel records of School Board employees shall be confidential, including:
The home telephone number of the employee where such employee has chosen to have a private or unlisted home telephone number because of the nature of his/her occupation with such body.
The home telephone number of the employee where such employee has requested that the number be confidential.
The home address of the employee where such employee has requested that the address be confidential, except it shall be made available to recognized educational groups.
The social security number and financial institution direct deposit information as contained in the personnel records of an employee of the School Board. However, when the employee's social security number or financial institution direct deposit information is required to be disclosed pursuant to any other provision of law, including such purposes as child support enforcement, health insurance, retirement reporting, or to officials or employees of the school, School Board, Louisiana Department of Education, or Board of Elementary and Secondary Education (BESE), in the performance of duties or responsibilities of the official or employee, the social security number or financial institution direct deposit information of the employee shall be disclosed pursuant to such provision of law.
The name and account number of any financial institution to which the public employee’s wages or salary is directly deposited by an electronic direct deposit payroll system or other direct deposit system.
The above information shall not be divulged to third parties.
HEALTH AND MEDICAL RECORDS
An employee’s health and medical records are deemed confidential and shall be maintained in a separate file apart from the employee’s general personnel file. Such records will include:
Medical/health records, claim forms, life insurance application, requests for payment of benefits and all other health records of an employee and his/her dependents enrolled in the East Baton Rouge Parish School Board adopted insurance plan.
All medical records of an employee, all records of payment of compensation to an employee or his/her dependent and other records which would ascertain the identity of the injured employee or his/her dependent in a Worker's Compensation action.
Medical information obtained as a result of an employee’s request for a reasonable work accommodation due to a disability.
There may be instances where an employee’s medical information will need to be made available to certain supervisory personnel, such as where a request for a reasonable accommodation has been granted, to inform a supervisor of necessary work duties or restrictions due to an on-the-job injury, emergency treatment required by the employee, or if specific procedures are needed to aid the employee in case of fire or other evacuations. Supervisors, however, shall not have unlimited access to an employee’s medical file or to information about an employee’s medical condition which is unnecessary to the performance of the employee’s job.
Medical information may also be made available to third parties as required by law or business necessity. For example, the School Board may be required to release such information to government officials investigating the School Board’s compliance with the Americans with Disabilities Act, to state worker’s compensation offices in accordance with Louisiana worker’s compensation laws, or to insurance companies where the insurer requires a medical examination before providing health or life insurance to employees.
RELEASE OF PERSONNEL RECORDS PERMITTED
There are conditions under which personnel records of employees may be released. These conditions are:
Personnel records may be released to persons other than the affected employee with the written consent of the employee or as required by law or the courts.
Information relating to dependents and beneficiaries of deceased employees. Requests for such information may be required to be in writing.
In all cases, an employee shall have unlimited access to any and all information contained in or pertaining to his/her own health record.
DEFINITIONS
Document means any written or otherwise tangible material intended to be or actually used as a part of or any evidence of the work history of any employee including but not limited to any and all reports, comments, reprimands, correspondence, memoranda, evaluations, observations, and grievances relative to a particular employee.
Personnel file means those file(s) which contain the cumulative collection of any and all documents maintained by the school system with respect to each individual employee.
Personnel file custodians (file custodians) means those persons employed by the school system charged with the duty of maintaining and preserving the personnel files.
Third party means any person or entity not regularly employed, or employed under a contract by the school system in which the employee is employed.
Revised: November, 2006
Revised: July 21, 2016
Ref: 5 USC 552 (Privacy Act of 1974)
La. Rev. Stat. Ann. §§17:81, 17:440, 17:1231, 17:1232, 17:1233, 17:1234, 17:1235, 17:1236, 17:1237, 17:1238, 23:1127, 23:1293, 44:1, 44:2, 44:4, 44:11, 44:12
Board minutes, 7-21-16
East Baton Rouge Parish School Board