Fla. Admin. Code Ann. R. 6C4-10.209 - Official Personnel Files

(1) The Division of Human Resources maintains the official personnel files for all employees of the USF System. Human Resources is authorized to delegate all or any portion of this function to the Deans and Directors through the Provost and Vice Presidents or the appropriate USF System Authority.

(2) The department where the employee is assigned may retain duplicate copies of documents contained in the official personnel files. They may also retain originals of pre-discipline, counseling, and performance documents leading up to official actions, which at the time of that action will be made a part of the official file.

(3) The official personnel file will generally contain the following:

(a) Information gathered as part of an employment procedure, if applicable, such as applications, letters of reference, letters of offer, letters of appointment, acceptance of appointment, employment test results, loyalty oath, and substitutions of training and experience;

(b) Information substantiating salary transactions, if applicable, such as appointment papers, approvals of special salary rates, employment contracts, and salary adjustments;

(c) Documentation of performance and conduct, such as: performance evaluations; letters of recognition; reprimands; letters or notices of dismissal, suspension, disciplinary reduction in pay; and approvals to take grievable disciplinary actions;

(d) Any records relating to an employee's grievance or complaint, appeals, arbitration awards/findings, or administrative hearing recommendations; however, such items may be kept in a separate file and may be treated as exempt during any proceeding specified by Florida law;

(e) Medical records which address the employee's ability to do the job or for any other legitimate business purposes; however, these records are confidential records that will be maintained separately from the official personnel file in accordance with applicable federal and/or Florida law; or

(f) Other documents deemed appropriate by Human Resources, such as letters of resignation, layoff notices, etc.;

(g) Benefits enrollment information is separately maintained by Human Resources.

(4) Access to the official personnel files of USF System employees is governed by the Florida Public Records Law Chapter 119, and section 1012.91, F.S. Employees or other individuals wishing to review personnel files of employees may do so during normal business hours at the Division of Human Resources or at the Human Resource Departments of separately accredited institutions or regional campuses. Access to and copying of any document or file will be provided in accordance with federal and Florida law, and these rules. Any material exempt from disclosure by federal or Florida law will be removed prior to inspection or copying unless disclosure of such exempt material is authorized by the employee or required by any superseding law.

(5) Employees have the right to place appropriate information or documentation relating to their employment into their personnel files by forwarding the information to Human Resources with a request for the material to be placed in their file. Examples of the types of information employees may place in their files are updates of education or training and clarification or rebuttal of evaluative or disciplinary information placed in their files by officials of the USF System. Such items received by Human Resources will be reviewed for appropriateness and compliance with these rules and will then either be placed in the file or returned to the sender.

Notes

Fla. Admin. Code Ann. R. 6C4-10.209

Rulemaking Authority 1012.91(1) FS. Law Implemented 119.07, 1012.91 FS.

New 10-5-03, Amended 1-25-12.

New 10-5-03, Amended 1-25-12.