DATA PRIVACY PERSONNEL FILES “P-FILE”

Wisconsin Public Records Wisconsin Statue – Wisconsin Statue – Wisconsin Statue 230 Wisconsin Statue 230 Wisconsin Statue Wisconsin Statue

Wisconsin Public Records Law 1.Presumes that all persons are entitled to the greatest possible information regarding governmental affairs and the official acts of government officers. 1.Presumes that all persons are entitled to the greatest possible information regarding governmental affairs and the official acts of government officers. 2.There are only a few recognized exceptions to this broad principal of access. The law does not provide for automatic release of records, rather each request for records are examined on a case-by-case basis. 2.There are only a few recognized exceptions to this broad principal of access. The law does not provide for automatic release of records, rather each request for records are examined on a case-by-case basis.

Wisconsin Public Records Law, continued. 3.The law also requires that state employees who are the subject of certain sensitive records be notified prior to the release of those records in order that the individual can seek to prevent their release through court protection. 3.The law also requires that state employees who are the subject of certain sensitive records be notified prior to the release of those records in order that the individual can seek to prevent their release through court protection.

“P-Files” There are general guidelines for determining which documents in the “P- File” are open to the public and which may be closed. There are general guidelines for determining which documents in the “P- File” are open to the public and which may be closed.

“P-Files” Three categories of employee records. Employee records that are closed to public access. Employee records that are closed to public access. Employment records that may be released only after notifying the subject of the records and allowing him or her to contest the release in court. Employment records that may be released only after notifying the subject of the records and allowing him or her to contest the release in court. Employee records that are open to public access. Employee records that are open to public access.

Records that are considered Closed for Classified and Unclassified Employees Home address, home , home telephone number, social security number. Home address, home , home telephone number, social security number. Records relating to the investigation of possible criminal offense or employment related misconduct prior to the end of the investigation. Records relating to the investigation of possible criminal offense or employment related misconduct prior to the end of the investigation. Records relating to an employee’s employment examination except an examination score (unless otherwise prohibited). Records relating to an employee’s employment examination except an examination score (unless otherwise prohibited).

Closed Records, continued. Records relating to one or more specific employee(s) that are used for staff management planning, including performance evaluations, judgments or recommendations concerning future salary adjustments or wage treatments, management bonus plans, job assignments, letters of reference or other employment related comments or ratings. Records relating to one or more specific employee(s) that are used for staff management planning, including performance evaluations, judgments or recommendations concerning future salary adjustments or wage treatments, management bonus plans, job assignments, letters of reference or other employment related comments or ratings.

Closed Records, continued. Disability Verification for the Handicapped Certification Program. Disability Verification for the Handicapped Certification Program. Physical Disability Retirement Exam Physical Disability Retirement Exam Employee Trust Fund Information (ETF) Employee Trust Fund Information (ETF) Lists of participants, annuitants, beneficiaries. Lists of participants, annuitants, beneficiaries. Sex, Race, Ethnic Group information (unless disclosure relates to equal rights, discrimination or fair employment law compliance purposes.) Sex, Race, Ethnic Group information (unless disclosure relates to equal rights, discrimination or fair employment law compliance purposes.)

Closed Records, continued. May not be kept in a P-File Employee Assistance Program Participation Employee Assistance Program Participation Medical Records Medical Records I-9 forms I-9 forms

Employment Records that require notice to the subject and an opportunity contest release. Records relating to an employee that are the result of an investigation into a disciplinary matter involving the employee or an employment related violation by the employee of a statute, ordinance, rule, regulation, or policy. Records relating to an employee that are the result of an investigation into a disciplinary matter involving the employee or an employment related violation by the employee of a statute, ordinance, rule, regulation, or policy. Records obtained by the institution through subpoena or search warrant. Records obtained by the institution through subpoena or search warrant. Records prepared by an employer other than an authority, if that record contains information relating to an employee of that employer, unless the employee authorized the authority to provide access to that information. Records prepared by an employer other than an authority, if that record contains information relating to an employee of that employer, unless the employee authorized the authority to provide access to that information.

Balancing Test Applied on a case by case basis and involves balancing the “harm to the public interest from public examination of the records against the benefit to the public interest from opening the records to examination; giving much weight to the beneficial public interest in open public records.” Applied on a case by case basis and involves balancing the “harm to the public interest from public examination of the records against the benefit to the public interest from opening the records to examination; giving much weight to the beneficial public interest in open public records.”

Balancing Test, continued. Questions that are considered in applying the balancing test: Questions that are considered in applying the balancing test: 1.How will the public benefit by opening for inspection the record being sought? 1.How will the public benefit by opening for inspection the record being sought? 2.How will the public suffer if the record is not made public? 2.How will the public suffer if the record is not made public? If balancing test results in a decision to release documents, notice to the employee may be required. If balancing test results in a decision to release documents, notice to the employee may be required.

Records considered Open for Classified and Unclassified Employees Employee’s name Employee’s name Salary and Pay Increases Salary and Pay Increases Appointment Letter, Certification Request, Moving Expense Request/Authorization, Personnel Transfer Record, Position Description, Reallocation Notice, Reclassification Request and Report, Resignation Letter, Termination Notice due to Lay-off, Training Agreements Appointment Letter, Certification Request, Moving Expense Request/Authorization, Personnel Transfer Record, Position Description, Reallocation Notice, Reclassification Request and Report, Resignation Letter, Termination Notice due to Lay-off, Training Agreements

Employee Review of Employment Records WS permits an employee to review his or her own employment records “which have been used in determining that employee’s qualifications for employment, promotion, transfer, additional compensation, termination or other disciplinary action and medical records (with certain exceptions).” WS permits an employee to review his or her own employment records “which have been used in determining that employee’s qualifications for employment, promotion, transfer, additional compensation, termination or other disciplinary action and medical records (with certain exceptions).”

Employee Review - Exceptions 1.Records relating to investigation of possible criminal offenses committee by the employee. 1.Records relating to investigation of possible criminal offenses committee by the employee. 2.Letters of reference. 2.Letters of reference. 3.Test documents. 3.Test documents. 4.Materials used for staff management planning. 4.Materials used for staff management planning. 5.Information of a personal nature about another person if disclosure would constitute invasion of the other person’s privacy. 5.Information of a personal nature about another person if disclosure would constitute invasion of the other person’s privacy. 6.Records which may be discoverable in a judicial proceeding. 6.Records which may be discoverable in a judicial proceeding.

Employee Review Process 1.Employer must permit review within 7 days of request. 1.Employer must permit review within 7 days of request. 2.Employee involved in a current grievance against the employer may designate a representative to inspect the records. 2.Employee involved in a current grievance against the employer may designate a representative to inspect the records. 3.Employer must permit the employee to augment or correct records in his or her personnel file and challenge in writing any item the employer refuses to change or add. 3.Employer must permit the employee to augment or correct records in his or her personnel file and challenge in writing any item the employer refuses to change or add.

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