Access to Personnel Files Law Summaries
Kentucky, Access to Personnel Files Law Summaries
Kentucky's access to personnel files law is located in the Kentucky Revised Statutes at Title III, Chapter 18A.
Kentucky's offices and officers law also provides protections for public agency employees' access to personnel files, at Title VIII, Chapter 61.
COVERAGE
State employers are covered under Kentucky's access to personnel files law (Secs. 18A.020, as amended by Ch. 154 (S. 139), L. 1998).
Public agency employees are covered under Kentucky's offices and officers law, which provides that public record law exemptions cannot prevent an employee's access to his or her own personnel files (Sec. 61.878 and 61.884).
EXCEPTIONS
Applicants, eligibles, public agencies, and state employees do not have the right to inspect or to copy any examination materials (Sec. 18A.020, as amended by Ch. 154 (S. 139), L. 1998; and Sec. 61.878(3)).
Under Kentucky's offices and officers law, public agency employees do not have the right to inspect or to copy any documents relating to ongoing criminal or administrative investigations by an agency (Sec. 61.878(3)).
WHAT THE EMPLOYER MUST DO
Upon written request, an employee has the right to examine the employee's own personnel file. An employee may comment in writing on any item in the file. The comments must be made a part of the employee's file and must be attached to the specific record or document (Sec. 18A.020(3), as amended by Ch. 154 (S. 139), L. 1998).
Upon written request, state employees, public agency employees, applicants for employment, and eligible persons on a register have the right to inspect and to copy any record and preliminary documentation and other supporting documentation that relates to the person (Sec. 18A.020, as amended by Ch. 154 (S. 139), L. 1998; and Sec. 61.878(3)).
However, applicants, eligibles, public agencies, and state employees do not have the right to inspect or to copy any examination materials. Further, public agency employees do not have the right to inspect or to copy any documents relating to ongoing criminal or administrative investigations by an agency (Sec. 18A.020, as amended by Ch. 154 (S. 139), L. 1998; and Sec. 61.878(3)).
NOTICE
An employee's supervising employee must inform the employee of the right to prepare a written response to any action taken against the employee for misconduct, infraction or failure to perform duties. The supervising employee must also notify the employee that copies of the documentation and the response provided for have been placed in the employee's personnel files (Sec. 18A.020, as amended by Ch. 154 (S. 139), L. 1998).
ENFORCEMENT
No public agency and no officer or employee may deny, abridge or impede the exercise of the rights granted in any manner by Kentucky's access to personnel files law (Sec. 18A.020, as amended by Ch. 154 (S. 139), L. 1998).
RECORDKEEPING
Personnel files are to be maintained by the Personnel Cabinet and the appointing authority for each employee. The file maintained by the cabinet is the official personnel file for the employee. Upon job transfer, the personnel file maintained by the appointing authority from which the employee transfers must be forwarded to the new appointing authority (Sec. 18A.020(2)(a), as amended by Ch. 154 (S. 139), L. 1998).
Each employee file must include, but is not limited to, the employee's name, address, title of positions held, classification, rate of compensation, all changes in status including evaluations, promotions, demotions, layoffs, transfers, disciplinary actions, commendations, awards, and preliminary, and other supporting documentation for each action. Each file must contain the complete record and supporting documentation for each personnel action (Sec. 18A.020(2)(b), as amended by Ch. 154 (S. 139), L. 1998).
Employee reprimands for misconduct, infractions, or a failure to perform duties in a proper or adequate manner must be documented in detail by the supervising employee taking such action, and the employee must receive a copy of the documentation. The supervising employee must inform the employee that the employee has a right to prepare a written response to the action taken after the employee reviews the documentation, which response must be attached to the documentation. A copy of both the response and documentation must be placed in the employee's official personnel file, and the employee must be notified of such (Sec. 18A.020(2)(c), as amended by Ch. 154 (S. 139), L. 1998).
Upon written request, an employee has the right to examine the employee's own personnel file. An employee may comment in writing on any item in the file. Such comments must be made a part of the employee's file and must be attached to the specific record or document to which they pertain (Sec. 18A.020, as amended by Ch. 154 (S. 139), L. 1998).
Under Kentucky's offices and officers law, public agency records must include, but are not limited to, work plans, job performance, demotions, evaluations, promotions, compensation, classification, reallocation, transfers, layoffs, disciplinary actions, examination scores, and preliminary and other supporting documentation (Sec. 61.878(3)).
School districts.- All records and references relating to an allegation of a criminal offense committed by a school employee that did not lead to formal charges, and all records relating to a criminal proceeding in which a school employee was found not guilty or the charges were dismissed must be removed from the school employee's personnel file by the superintendent or the superintendent's designee in the local school district. However, this requirement does not prevent a school district from separately investigating, taking action upon, and creating and maintaining records on the same or a similar fact situation upon which the allegations of a criminal offense was based (Sec. 161.151, as added by Ch. 469, L. 1998).
<p>School districts.— All records and references relating to an allegation of a criminal offense committed by a school employee that did not lead to formal charges</p>