General Order 300-22 Personnel Files Flashcards Preview

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Flashcards in General Order 300-22 Personnel Files Deck (35):
1

What is the Policy of General Order 300-22 Personnel Files?

The City of Houston (CO H) and the Houston
Police Department (HPD) maintain personnel files on HPD employees.

HPD maintains personnel files for internal administrative
use and in accordance with applicable federal and state laws and COH policies and ordinances.

2

Department Personnel File.

The personnel file of an employee maintained by the
HPD Employee Services Division that generally
contains copies of all documents in the employee's Official Personnel File.

Other personnel documents that are specific to
HPD may also be kept in this file or in other
HPD division files.


3

Division Personnel File.

The personnel file of an employee maintained by the HPD division where the employee is currently assigned
and that follows employees as they transfer within the department.


4

Official Personnel File.

The personnel file of an employee maintained by the director of the COH Human Resources Department
and that contains documents related to employment
with the COH and HPD including applications, employee evaluations, commendations, disciplinary actions, and other documents.

There are certain types of documents that are not kept in the COH Official Personnel File, such as those that include privacy issues prohibited by law.

This file is a permanent record kept in accordance with
the COH records retention schedule.



5

CONTENTS OF FILES

Unless specifically prohibited by law, employees'
personnel files maintained by HPD may contain records and information regarding any personnel matter including, but not limited to:

A. Any commendation or award bestowed on the employee by any employee or citizen for outstanding performance or special assistance.

All records shall be maintained in accordance with General Order 200-20, Awards and Commendations.

6

CONTENTS OF FILES

Unless specifically prohibited by law, employees'
personnel files maintained by HPD may contain records and information regarding
any personnel matter including, but not limited to:


B. Any misconduct by the employee if the letter, memorandum, or document is from the department and if the misconduct resulted in disciplinary action by the
department.

7

CONTENTS OF FILES

Unless specifically prohibited by law, employees'
personnel files maintained by HPD may contain records and information regarding any personnel matter including, but not limited to:


C. The employee's job performance evaluations.

8

CONTENTS OF FILES

Unless specifically prohibited by law, employees'
personnel files maintained by HPD may contain records and information regarding any personnel matter including, but not limited to:

D. Employee Integrity Reports.

9

CONTENTS OF FILES

Unless specifically prohibited by law, employees'
personnel files maintained by HPD may contain records and information regarding any personnel matter including, but not limited to:

E. Any personnel action documents, which may include such things as job changes, transfers, reassignments, and leaves of absence.

10

CONTENTS OF FILES

Unless specifically prohibited by law, employees'
personnel files maintained by HPD may contain records and information regarding any personnel matter including, but not limited to:

F. Records and changes relating to salary
or classification.

11

CONTENTS OF FILES

Unless specifically prohibited by law, employees'
personnel files maintained by HPD may contain records and information regarding any personnel matter including, but not limited to:

G. Any correspondence relating to damage,
destruction, or loss of City property.

12

CONTENTS OF FILES

Unless specifically prohibited by law, employees'
personnel files maintained by HPD may contain records and information regarding any personnel matter including, but not limited to:

H. Income tax withholding forms.

13

CONTENTS OF FILES

Unless specifically prohibited by law, employees'
personnel files maintained by HPD may contain records and information regarding any personnel matter including, but not limited to:

I. Receipts for copies of department directives.

14

CONTENTS OF FILES

Unless specifically prohibited by law, employees'
personnel files maintained by HPD may contain records and information regarding any personnel matter including, but not limited to:

J. Any letter regarding no rehire.

15

CONTENTS OF FILES

Unless specifically prohibited by law, employees'
personnel files maintained by HPD may contain records and information regarding any personnel matter including, but not limited to:

K. Training records.

16

CONTENTS OF FILES

Unless specifically prohibited by law, employees'
personnel files maintained by HPD may contain records and information regarding any personnel matter including, but not limited to:

I. Any records listed under section 2, Specific Handling of Certain Documents and Information.


17

SPECIFIC HANDLING OF CERTAIN DOCUMENTS AND INFORMATION

Personnel documents and information that are not held in an employee's Department Personnel File or Division Personnel File, but may be maintained by the department for internal administrative purposes include,
but are not limited to:


A. Family Medical Leave Act information.

B. Facial hair documentation.

C. Workers' compensation documents.

D. Employee or family member medical
records or information.

E. Internal Affairs records.

F. Discipline history.

G. Personnel Concerns Program records.

H. Administrative Personnel Committee
records.

I. Grievance related records maintained by the department's Alternative Dispute Resolution Unit in a secure location.


18

The Director Of Human Resources Department

The director of the Human Resources Department
shall promptly order that the records of a disciplinary action taken against an officer be expunged from each file maintained on the officer by the department if the disciplinary action is overturned in its entirety on appeal by the Police Officers' Civil Service Commission, an independent third party hearing examiner, or a court of competent jurisdiction (Meet and Confer Agreement 2015 (Classified), Article 31, Discipline and Discharge, Section 11 ).


19

Director of Human Resources Department


Within 30 Days


On or Before the 15Th day after the date of receipt of Notification

If a negative letter, memorandum, document,
or other notation of negative impact is included in an officer's Official Personnel File, the director of the Human Resources Department or designee shall, within 30 days after the date of the inclusion, notify the affected police officer.

The police officer may, on or before the 15th day after
the date of receipt of the notification, file a written response to the negative letter, memorandum, document, or other notation.

A copy of the written response will be placed in the employee's Official Personnel File (Texas Local Government Code 143.089(d)).


20

Supervisory Intervention

3 years

Documentation of a supervisory intervention (SI) shall be retained exclusively at the employee's division and shall be retained for only three years from the date the SI was issued to the employee.

Sis shall be used in evaluating an employee's performance only during the evaluation period in which the events giving rise to the SI occurred.

21

Supervisory Intervention

3 year retention period


Shall never be placed in the Department Personnel File or the
Employee's Official Personnel File at Human Resources Department

Documentation relating to the SI shall be retained in the employee's Division Personnel File with the exception that after its use in a performance evaluation the division commander may choose to retain the SI in a separate confidential file maintained at the division for the remainder of the three-year retention period.

Documentation relating to an SI shall never be placed in the Department Personnel File or the employee's
Official Personnel File at the Human Resources Department.





22

ACCESS TO FILES

The personnel information maintained by the department is intended to be confidential and may be protected from release or access by applicable law.

Access or release of such information shall be restricted to those having a legitimate need for the information or when authorized or required by law.

All requests for access to or release of personnel information shall be placed in the applicable personnel file for record.


23

ACCESS TO FILES

Concerned Division Commander

Employees may review all contents of the Department Personnel File and Division Personnel File maintained by the department regarding their employment.

Requests for an appointment to review a file should
be directed to the concerned division commander to ensure space and personnel are available to facilitate the employee's review of the file.

Files may be reviewed during normal operating hours of the division maintaining the personnel records.


24

ACCESS TO FILES

Supervisors

Supervisors may review the personnel files of their subordinates, provided they request such review in writing, via correspondence or email, to the commander of the division maintaining the records explaining the specific information sought and the reason for their review.


25

ACCESS TO FILES

Division Commanders

Division commanders may review the personnel
files of any employee being considered
for transfer to their division provided they request such review in writing, via correspondence or email, to the commander of the division maintaining the records.

The request for review must be accompanied by
a copy of the request for transfer and must
include the specific information sought in
the file.



26

COPIES OF FILES

Minimal Charge

Upon written request and at a minimal
charge, uncertified, photographic copies of
documents maintained by HPD in the Department Personnel File and Division Personnel File are available to the employee about whom the files are kept.


27

COPIES OF FILES

Persons no longer employed by HPD

Persons no longer employed by HPD may request copies of records by submitting a proper request pursuant to the Texas Public Information Act.


28

ADMINISTRATIVE REPORTS

Division commanders with a legitimate need
may request in writing copies of the below
listed reports on an employee from the Employee
Services Division:

A. Employee Resume Report. (Commonly
referred to as the department resume.)
A listing of the employment date, assignments
held, promotions, current classification, salary, education, disciplinary actions, and commendations.

B. Performance Data. A report showing the performance ratings given for the past two years.

C. Research. Special research and statistical reports prepared only on instruction from the Chief of Police.



29

RETENTION OF FILES


All Department Personnel Files and Division
Personnel Files are maintained permanently by HPD.

30

RETENTION OF FILES

Employee Services Division

When an employee separates from the department due to resignation, retirement, termination, etc., the employee's division commander shall forward all Division Personnel Files to the Employee Services
Division.


31

RETENTION OF FILES

Employee's Separation from the Department

After an employee's separation from the department, all personnel files are kept indefinitely.

32

RETENTION OF FILES

Personnel Records

All personnel records maintained by HPD
are the property of the COH and shall be retained
in accordance with General Order 800-12, Records Retention.

33

RELEASE OF INFORMATION

Outside agency

Personnel records and information in any personnel file maintained by HPD may not be released by the department to any outside agency or person requesting such information relating to an employee, except as required or allowed by applicable law.


34

RELEASE OF INFORMATION

Chief's Command Legal Services

Requests for release of personnel records shall be handled in compliance with the procedures outlined in General Order 800-10, Police Records, which may require the review and approval of Chief's Command/
Legal Services before department records are released.

HPD may require the requestor to provide written approval from the employee.


35

RELEASE OF INFORMATION

Director of the Human Resources Department

The department may refer persons or entities
requesting personnel information to the
director of the Human Resources Department for records maintained by that department.

Any release of information from an employee's Official Personnel File is handled by the Human Resources Department and as required by law.