| Nekoosa School District |
| Bylaws & Policies |
8320 - PERSONNEL RECORDS
Statement of Policy
The School District of Nekoosa shall adhere to Wisconsin State Statute for management of all personnel files of District employees whether they are full-time or part-time. Maintaining accurate personnel records is critical to effective human resource management and to the Board of Education for satisfying its legal obligations. All personnel records will be located in one secure area. In addition, such records frequently contain confidential information that must be managed appropriately. Accordingly, the Board has developed the following policy relating to personnel records. The Board shall appoint the individual to administer and enforce this policy.
Definitions
Terms used in this policy are defined as follows:
| A. | Authority means the records custodian appointed by the Board to maintain and secure all employees files of the district according to this policy and applicable state statutes. | |
| B. | Employee means any individual employed by the district in a full-time or part-time capacity whether it is administrative as defined by DPI licensing, professional as defined by DPI licensing, or support staff. | |
| C. | Personally Identifiable Information means information that can be used to uniquely identify an individual or other personal information as defined by S. 19.42(5) | |
| D. | Record shall have the meaning defined in S. 19.32(2) |
Employee Review Request
The District shall grant at least two (2) requests in a calendar year by an employee or an employee representative with proper documentation of permission from the record subject to inspect the employee’s records as provided in this policy.
The District shall provide the employee (or representative) with the opportunity to inspect the employee’s records within seven (7) working days after the employee makes a written request for inspection. The authority shall reject a records access request if the employee is able to obtain the records through a pending legal proceeding potential adversary in pending litigation or other proceedings with the District. The inspection shall take place at a location reasonably near the personnel file records repository during normal business hours. The records shall be reviewed in the presence of the Authority or a designee.
An employee or authorized employee representative shall not alter the record nor remove any material from the record. A written request for personnel record challenge or augmentation may be submitted to the Authority, which the Authority may agree to correct the information or deny the request within (5) business days. The employee may appeal the decision to the Board for further consideration.
An employee has absolute right to augment a record in the file. A copy of the employee’s request to review personnel record, the viewing date, and record augmentation shall be recorded in the employee’s personnel file.
Non-Employee Review Requests
Requests for record access not originating from the record subject or documented employee representative shall be processed as follows.
| A. | Once the authority has determined that it will release the record or allow access to the record, the Authority shall notify the record request subject within (3) days via registered or personally serving notice of the request and the decision to allow release of the requested record. The Authority shall also describe the requested record and record subjects rights under S. 19.356 (3) and (4). | |
| B. | The record request subject shall provide written notification to the Authority within (5) business days of any intent to seek a court order restricting access to the requested record. A notice shall be sent to the requestor stating the record request is being reviewed and will require more time. | |
| C. | The record subject has (10) business days to commence legal action restricting access to the record and must name the Authority as the defendant, not the District. | |
| D. | The requested record shall not be reviewed or released to anyone during the pendency of the legal action. | |
| E. | The court shall make the determination regarding access to the requested record according to applicable statutes. | |
| F. | The record subject may appeal the Court’s decision in accordance with applicable statute. |
A copy of the non-employee’s request to review personnel records and the viewing date shall be recorded in the employee’s personnel file.
Employee Personnel Record
An authority shall not provide access
to employee records containing the following information, except to an employee or a documented employee representative:| A. | Information maintained, prepared, or provided by an employer concerning the home address, home e-mail address, home telephone number, or social security number of the employee. | |
| B. | Information relating to the current investigation of a possible criminal offense or possible misconduct by an employee prior to disposition of the investigation. | |
| C. | Information pertaining to an employee’s employment health examination. | |
| D. | Information relating to one or more specific employees that is used by an authority or by the employer of the employees for staff management planning, including performance evaluations, judgments, or recommendations concerning future salary adjustments or other wage treatments, management bonus plans, promotions, job assignments, letters of reference, or other comments or ratings relating to employees. |
19.32 thru 19.365 Wis. Stats.
103.13, Wis. Stats.
Revised 5/8/12