Access to Employee

Records

With regard to public access to information in personnel records, custodians of such records shall adhere to the requirements of the Texas Public Information Act (PIA). [See GCA] Gov’t Code 552

Information is excepted from the requirements of the PIA if it is information in a personnel file, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Each employee of a governmental body, including a college district, and each former employee of a governmental body shall choose whether to allow public access to the information in the custody of the governmental body that relates to the person’s home address, home telephone number, emergency contact information, or social security number, or that reveals whether the person has family members. Gov’t Code 552.024(a), .102(a)

Employee Right of

Access

All information in the personnel file of an employee of a governmental body is to be made available to that employee or the employee’s designated representative as public information is made

available under Government Code Chapter 552 (PIA).

A person or a person’s authorized representative has a special right of access, beyond the right of the general public, to information held by a governmental body that relates to the person and that is protected from public disclosure by laws intended to protect that person’s privacy interests. A governmental body may not deny access to information to the person, or the person’s representative,

to whom the information relates on the grounds that the information is considered confidential by privacy principles under the PIA but may assert as grounds for denial of access other provisions of the PIA or other law that are not intended to protect the person’s privacy interests.

If a governmental body determines that information subject to a special right of access under Government Code 552.023 is exempt from disclosure under an exception of Government Code Chapter 552, Subchapter C, other than an exception intended to protect the privacy interest of the requestor or the person whom the requestor is authorized to represent, the governmental body shall, before disclosing the information, submit a written request for a decision to the attorney general under the procedures of Government Code Chapter 552, Subchapter G. If a decision is not requested, the governmental body shall release the information to the person with special right of access not later than the 10th business day after the request for information is received.

Gov’t Code 552.023, .102(a), .307

Personnel Files of

Persons Licensed

Under Occupations

Code Chapter 1701

A law enforcement agency shall adopt a model policy described by this section or a substantively similar policy. A policy adopted by a law enforcement agency under this section must be submitted to

the Texas Commission on Law Enforcement (TCOLE), and TCOLE shall maintain a copy of the policy.

TCOLE shall adopt a model policy regarding personnel files maintained with respect to a license holder. The policy must:

1. Require the head of a law enforcement agency or the head’s designee to maintain a personnel file on each license holder employed by the agency that contains any letter, memorandum, or document relating to:

a. A commendation, congratulation, or honor bestowed on the license holder by a member of the public or by the employing agency for an action, duty, or activity that relates to the license holder’s official duties;

b. Any misconduct by the license holder if the letter, memorandum, or document is from the employing agency and the misconduct resulted in disciplinary action by the employing agency; and

c. The periodic evaluation of the license holder by a supervisor; and

2. Provide that:

a. A letter, memorandum, or document relating to alleged misconduct by the license holder may not be placed in the license holder’s personnel file if the employing agency determines that there is insufficient evidence to sustain the charge of misconduct;

b. If a negative letter, memorandum, document, or other notation of negative impact is included in a license holder’s personnel file:

(a) The agency head or the head’s designee shall, not later than the 30th day after the date of the inclusion, notify the affected license holder by certified mail; and

(b) The license holder may, on or before the 30th day after the date of receipt of the notification, file a written response to the negative letter, memorandum, document, or other notation;

(c) Information contained in a license holder’s personnel file may not be released without the license holder’s written permission, unless the release is required by law;

(d) A license holder is entitled, on request, to a copy of any letter, memorandum, or document placed in the license holder’s personnel file; and

(e) An employing agency may charge the license holder a reasonable fee not to exceed the actual cost of any copies described by item 2d.

Occupations Code 1701.4535(a)-(b)

Requests for

Information

A law enforcement agency may not release any information contained in a license holder’s personnel file to any other agency or person requesting information relating to the license holder unless required by law [see GCA]. The agency shall refer the person or agency requesting the information to the agency head or the head’s designee. Occupations Code 1701.4535(c)

Exceptions

A law enforcement agency shall provide a license holder’s personnel file to TCOLE not later than the 30th day after the date the license holder separates from the agency, or on request by TCOLE

as part of an ongoing investigation relating to the license holder.

As provided by Occupations Code 1701.451, a law enforcement agency hiring a license holder is entitled to view the contents of the license holder’s personnel file. [See DC]

Occupations Code 1701.4535(d)-(e)

Participant in the

Address

Confidentiality

Program

The Address Confidentiality Program (ACP) assists victims of family violence, sexual offenses, stalking, child abduction, and trafficking of persons by authorizing the use of an attorney general-maintained confidential mailing address.

A state or local agency, including a college district, must accept the substitute post office box address designated by the attorney general if the substitute address is presented to the agency by a participant in place of the participant’s true residential, business, or

school address.

A state or local agency that accepts an ACP participant’s substitute post office box address is responsible for the administration of its rules and regulations in compliance with Code of Criminal Procedure Chapter 58. [See GCA]

Code of Criminal Procedure 58.053(a); 1 TAC 64.3(a), .4, .8

Exception

An agency may seek an exemption determination from the Office of the Attorney General (OAG) to require a participant to provide the participant's true residential, business, or school address. To

seek an exemption determination, the agency must file an OAG Request for Agency Exemption form that includes, but is not limited to, the following information:

1. The name of the agency along with an explanation and supporting documentation that shows the exemption is necessary for the agency to perform a duty or function that is imposed by law or administrative requirement;

2. The name and title of the individual authorized to make the request on behalf of the agency;

3. Verification that the requestor will maintain the confidentiality of the participant's true residential, business, or school address; and

4. Verification by the agency representative affirming that the information submitted is correct.

An agency may submit a request for an exemption determination at any time even if there is no current need for the exemption at the agency. An agency previously denied an exemption may reapply in the event of new information.

Code of Criminal Procedure 58.053(b); 1 TAC 64.40(a), (d)-(e)

Confidentiality

Guidelines

Each state agency, including each college district, shall develop and implement guidelines regarding confidentiality of AIDS- and HIV-related medical information for employees of the agency. The

confidentiality guidelines shall be consistent with guidelines published by the Department of State Health Services (DSHS) and with state and federal law and regulations. [See DBB] Health and Safety Code 85.115(a), (c)