Access to Personnel Files Law Summaries

Alabama's access to personnel files law is located in the Code of Alabama at Title 16, Chapter 22 (education employees), and in H. 332, L. 1999, effective June 9, 1999 (state employees).

WHAT THE EMPLOYER MUST DO

State employees. --Notwithstanding any other laws, rules or regulations to the contrary, when a document pertaining to disciplinary action, including, but not limited to, written reprimands, suspensions, notes pertaining to oral reprimands or counselings regarding a state employee, or notes pertaining to matters that may be used regarding the employee in a disciplinary action are placed in the employee's personnel file, the agency that is the employer must supply a copy of the documentation to the employee no later than 10 days after its inclusion in his or her personnel file. If the information is not provided to the employee within 10 days as required, the reprimands or notes must be removed from the employee's file and may not be used against the employee in any future proceeding or disciplinary action (Sec. 1, H. 332, L. 1999, effective June 9, 1999).

Education employees. --Any person employed by a school board, or any person designated in writing by the employee, may, upon request, review all of the contents in his or her personnel file and receive copies of any documents contained in the file. No document may be withheld from the employee or his or her representative. A representative of the employee may accompany him or her during the personnel file review. The employee may answer or object in writing to any material in his or her file and the answer or objection must be attached to the appropriate material (Sec. 16-22-14, as added by Act 374 (S. 411), L. 1998, effective April 24, 1998).

Any materials pertaining directly to work performance may be placed in the record of the employee and a copy of the materials must be provided to the employee. Statements, reports and comments relating to work performance, disciplinary action against the employee, suspension of the employee, or dismissal of the employee must be reduced to writing and signed by a person reasonably competent to know the facts or make a judgment as to the accuracy of the subject information. Additional information related to the written materials previously placed in the personnel file may be attached to the material to clarify or amplify them as needed. A copy of all materials to be placed in an employee's record that may tend to diminish the employee's professional or work status or reflect adversely on the employee's record of performance or character must be provided to the employee (Sec. 16-22-14, as added by Act 374 (S. 411), L. 1998, effective April 24, 1998).

Any anonymous complaint or material received by a school official must be immediately transmitted to the executive officer. If the material is deemed worthy of an investigation by the executive officer, it may be investigated. The results of the investigation must be placed in the employee's personnel file (Sec. 16-22-14, as added by Act 374 (S. 411), L. 1998, effective April 24, 1998).

The transfer of the personnel file of an employee must be effectuated upon the written request of the employee. The employer may transfer an employee's personnel file or copies or parts thereof to another employer or prospective employer. Any documents that may be lawfully contained in the personnel file of an employee must be made available to a lawfully authorized hearing officer or panel conducting an investigation into the competency or performance of the employee, and to all appropriate law enforcement officials (Sec. 16-22-14, as added by Act 374 (S. 411), L. 1998, effective April 24, 1998).