Transcript DATA PRIVACY PERSONNEL FILES “P-FILE” Wisconsin Public Records    Wisconsin Statue 19.31 – 19.39 Wisconsin Statue 230 Wisconsin Statue 103.13

DATA PRIVACY
PERSONNEL FILES
“P-FILE”
Wisconsin Public Records
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Wisconsin Statue 19.31 – 19.39
Wisconsin Statue 230
Wisconsin Statue 103.13
Wisconsin Public Records Law
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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.
Wisconsin Public Records Law,
continued.
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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”
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There are general guidelines for
determining which documents in the “PFile” are open to the public and which may
be closed.
“P-Files”
Three categories of employee
records.
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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.
Employee records that are open to public
access.
Records that are considered Closed
for Classified and Unclassified
Employees
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Home address, home e-mail, 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 an employee’s employment
examination except an examination score
(unless otherwise prohibited).
Closed Records, continued.
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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.
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Disability Verification for the Handicapped
Certification Program.
Physical Disability Retirement Exam
Employee Trust Fund Information (ETF)
Lists of participants, annuitants, beneficiaries.
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
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Employee Assistance Program
Participation
Medical Records
I-9 forms
Employment Records that require
notice to the subject and an
opportunity contest release.
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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 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
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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.
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Questions that are considered in applying the
balancing test:
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?
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
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Employee’s name
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
Employee Review of Employment
Records
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WS 103.13 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
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1. Records relating to investigation of possible criminal
offenses committee by the employee.
2. Letters of reference.
3. Test documents.
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.
6. Records which may be discoverable in a judicial
proceeding.
Employee Review Process
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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.
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.
The End