Current through Reg. 50, No. 187; September 24, 2024
(1) Applicability. This rule applies to all
University Support Personnel Staff employees; provided, however, that its
application is subject to the terms and conditions of any existing applicable
collective bargaining agreements in the case of University Support Personnel
Staff employees who are members of a collective bargaining unit and are
represented by a collective bargaining agent.
(2) Contents of Files - Normally, a personnel
file would contain, but is not limited to, the following:
(a) Information gathered as part of
employment procedure, including applications, letters of reference, letters of
appointment, acceptance of appointment, contracts, employment test results,
loyalty oath, approvals of special hiring rates, substitutions or training and
experience.
(b) Information
required to substantiate salary transactions, including appointment papers,
contracts, salary adjustments and differentials.
(c) Performance evaluations, including
performance appraisal forms, reprimands, letters of dismissal, suspension,
reduction in pay, layoff, request and approvals to take appealable disciplinary
actions, letters of grievance, responses to letters of grievance or appeal,
findings, recommendations and results of grievances or appeals.
(d) Medical records which address the
employee's ability to do the job.
(3) Access to Files.
(a) Individuals Wishing to Review Their
Personnel Files - Employees wishing to review their files may do so during
normal business hours. Files shall be reviewed in the presence of a
representative of the Personnel Office who will answer questions or offer other
assistance as necessary. Any employees who are unable to review their files
during the time period indicated should contact the Director of Personnel and
every effort will be made to make special arrangements to meet the employee's
request.
(b) Access by College
Officials - Personnel files shall be open to officials of the College who are
responsible for the supervision of the employee or who are considering an
employee for employment or promotion, and by officials and employees of the
College in the performance of their official duties, if such duties reasonably
require their having access to the files. Files should be reviewed in the
presence of a representative of the Personnel Office who will answer questions
or offer other assistance as necessary.
(c) Access by Others - Access to the
personnel files of College employees by persons other than those covered above
shall be governed by the Florida Public Records Law, Chapter 119 and Section
240.253, F.S. Others wishing to
review the files of College employees may do so during normal business hours.
Copies of any document or file will be provided in accordance with the law and
any material not covered by the public records law will be removed prior to
inspection or copying unless otherwise approved for same. The Director of
Personnel shall have the authority to establish additional requirements as is
administratively necessary to carry out this policy and to insure the orderly
transaction of College business. Files shall be reviewed in the presence of a
representative of the Personnel Office who will answer questions or offer other
assistance as necessary.
(d) A log
of who reviews the file and the date reviewed will be maintained in each
personnel file.
(4)
Inclusion of Materials in Personnel Files.
(a)
The majority of the material found in a personnel file enters that file through
the normal course of activities, including the original employment procedure
and salary transactions procedures. Other information may enter an employee's
file by being placed there by College officials in the course of carrying out
their responsibilities. Since all employees have a right to know what is being
placed in their files, items of a non-routine nature shall require either that
the employee has acknowledged the contents of the material being placed in the
file by signing the material which is to be placed in the file, or the
document(s) will show that the employee was given a copy (through the
appropriate indication at the end of the document which is being placed in the
file). In either case, the document should clearly indicate that it is to be
placed in the employee's file.
(b)
Employees should have the right to place information or documentation into
their personnel files by forwarding the information to the Director of
Personnel for that purpose. Examples of the types of information employees may
place in their files are updating of education or training and clarification or
rebuttal of information placed in their files by College officials.
(c) Items received by the Personnel Office
will be reviewed for compliance with this rule and for appropriateness and
shall be placed in the file or returned to the sender on that
basis.
Rulemaking Authority
1012.91 FS. Law Implemented
119.07(1)(a),
(2)(a),
1012.91
FS.
New 1-28-04.