Purpose
The purpose of this policy is to explain how employee information is maintained and accessed. The College seeks to protect the confidentiality of personal information and to permit employees to designate their personal information (their home address, social security number, emergency contact information, home telephone number, or information that reveals whether the employee has family members) as non-public and thus, not available for public access in accordance with the Texas Public Information Act (PIA).
Procedures
- According to state law, all employee information is public, unless the employee designates certain personal information as non-public. An employee may notify the Office of Human Resources (HR) that they do not want their personal information released to the public. If the employee does not so designate, the information remains available to the general public upon receipt of a request under the PIA.
- The Office of College Relations and Marketing manages requests for employee information under the PIA. The designated Office shall receive and respond to the request in compliance with the PIA. If a determination needs to be made regarding release of information, the Office of College Relations and Marketing may make a request to the College’s Legal Counsel to contact the Attorney General’s office for a ruling.
- Upon receipt of a request to provide employee information under the PIA, HR shall identify whether the employee has designated non-release of their personal information.
- In submitting the requested information under the Act, HR shall block out any personal information if such information, has been designated non-public.
- Upon a request to HR, an employee is permitted to view and/or copy information and materials in their personnel files. The employee must contact HR and make an appointment to view the files.
- Administrators and supervisors in the employee’s chain of command are permitted to review personnel files, as needed, to carry out the responsibilities of their position. Upon request, other individuals and agencies may be authorized by the Vice Chancellor of Human Resources to review a personnel file. The master personnel file will contain any personal information that is usually included in the file.
- Access to an employee’s master personnel file by third parties will be given to government agencies and others only pursuant to a PIA request, a court order, a subpoena, or a directive by the Vice Chancellor of Human Resources. Employees whose records are subpoenaed will be notified of the subpoena by HR.
- Benefits information is not filed in the employee’s master personnel file and is confidential information. Benefits information is not public and may not be released, except on an as needed basis and as determined by the Vice Chancellor of Human Resources.
- The choice to restrict public access to information remains valid until rescinded in writing by the employee.
Definitions
- Master personnel file: HR maintains a master personnel file on each Staffing Table and Adjunct Faculty employee. The master file may contain ACC employment applications and accompanying materials (transcripts, workforce experience, letters, etc.), compensation information, emergency notification information, and general employee information.
- Benefits file: HR, Benefits Section, maintains a confidential file on all employees in accordance with HIPAA. The file contains all information related to group healthcare plan coverage, Americans with Disabilities Act, Family and Medical Leave Act and Sick Leave Policy forms and compliance, and all other medically related information. This information is not public information.
- Evaluation file: The College maintains a separate personnel file on each employee that contains performance evaluation information. A request to receive a copy of an employee’s evaluation file is made through the PIA.
- Personnel file: Refers to the master personnel file, benefits file, and evaluation file of an ACC employee.
- Disciplinary action files: HR and the Office of Compliance maintains a separate file on disciplinary actions. These files are not a part of the employee’s personnel file. However, these files are subject to the PIA.
- Complaint files: HR and the Office of Compliance maintains separate files on employee complaints. These files are not a part of the employee’s personnel file. However, the files are subject to the PIA.