Procedure: Official Personnel Files
The Central Officeshall maintain an official personnel file on all Central Office employees. Each Technical College shall maintain an official personnel file on its employees.
Filing Guidelines
Documents that should be placed and retained in official personnel files include, but are not limited to: appointment packet material, performance-related documents and requests for personnel/payroll actions. A more inclusive list is provided in Documents to be Retained in Official Personnel Files.
Documents that should be maintained SEPARATELY from official personnel files include, but are not limited to: medical information, criminal history records investigations, garnishments and employee grievances. A more inclusive list is provided in Documents to be Maintained Separately from Official Personnel Files.
Questions regarding documents to be placed in official personnel files should be directed to the appropriate authority of each Technical College and/or Central Office staff.
Custodians
Custodians of official personnel files include the Director of Human Resources of the Department or designees and Technical College representatives or designees.
Access to Information
Any employee may review his or her own personnel file and shall be allowed to do so within a reasonable time of such a request.
The Georgia Open Records Act provides that all Department records are public and accessible unless specifically exempted for reasons such as an order by a Georgia Court or by law.
Some personal employee information that is maintained in official personnel files is confidential and not subject to disclosure under the Georgia Open Records Act. Insurance and medical information and social security numbers are not subject to disclosure, but all other documents are generally accessible under the Georgia Open Records Act.
Confidential personal information is accessible only under the following circumstances:1) The custodians have access to the information for maintenance purposes.
2) Employees may have access to their own personal information.
3) Employees' legal representatives may have access to the information, if they have written authorization from the employees.
4) Vice Presidents, Commissioners, Presidents, Facility Administrators, designees and employees' supervisors may have access to the information when necessary for employment-related purposes or on a need-to-know basis.
5) The Georgia Bureau of Investigation and other law enforcement officials may have access to the information for purposes of investigating employment-related misconduct or for other legal reasons.
6) Information must be disclosed if required by subpoena issued by a court of competent jurisdiction or if otherwise required by law.
Custodians are to ensure that confidential information is removed prior to allowing access to official personnel files, unless one or more of the above conditions exists.Subpoenas and other legal requests for information maintained in official personnel files are to be immediately forwarded to the appropriate authority or designee.
Access, to official personnel files that has been authorized, shall be permitted during regular business hours (i.e., Monday through Friday, 8:00 a.m. through 5:00 p.m., excluding holidays and non-work days). Normally this is in sight of the custodian.
Individuals requesting access to official personnel files should give advance notice. Identification is required prior to authorizing access to confidential employee information.
Individuals requesting copies from official personnel files may be charged a fee per copy.
Transfer of Official Personnel Files
Official personnel files of employees who transfer within the Department must be forwarded to the appropriate Technical College or office in a timely manner.
Official personnel files of Department employees who transfer to other state agencies must be forwarded to the appropriate agency's Human Resource/Personnel Office in a timely manner.
Purged Files
Official personnel files may be purged as a result of settlement agreements made with employees in accordance with State law. ( O.C.G.A. § 45-1-5)1) In such cases, the official personnel files and any associated work history must be clearly designated with a notation that records have been partially or totally purged of the termination document, as a condition of legal settlement agreement (See Notification of Purged Records).
Note: Termination settlement agreements and requests for data change are to be forwarded to the appropriate designee or authority where notations regarding purged records are to be entered into terminated employee's computer-based work histories.2) Notations regarding purged records shall be disclosed to any governmental entity requesting information on former employee's work histories for the sole purpose of making hiring decisions.
Inactive Files
Custodians are responsible for official personnel files of inactive employees and their distribution in accordance with the approved Records Retention Schedule.
References
Documents to be Retained in Official Personnel Files
Documents to be Maintained Separately from Official Personnel Files
Notification of Purged Records
Georgia's Open Records Law: O.C.G.A. § 50-18-70 et seq.
Created: September 28, 2001