18A.020 Records of Personnel Cabinet subject to open records law -- Employee

448 words·~2 min read·/ky/18a-020

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

access to personnel files.

(1)The records of the cabinet shall be public records and shall be open to public

inspection, as provided in KRS 61.870 to 61.884.

(a)A personnel file shall be maintained by the cabinet and the appointing

authority for each employee. The file maintained by the cabinet shall be the

official personnel file for the employee. Upon transfer, the personnel file

maintained by the appointing authority from which the employee transfers

shall be forwarded to the new appointing authority;

(b)Each file shall include, but not be limited to, for each employee, his name,

address, title of positions held, classification, rates of compensation, all

changes in status including evaluations, promotions, demotions, lay-offs,

transfers, disciplinary actions, commendations, awards, and preliminary and

other supporting documentation for each action. Each file shall contain the

complete record and supporting documentation for each personnel action;

(c)Whenever an employee is reprimanded for misconduct, other infraction, or

failure to perform his duties in a proper or adequate manner, the supervising

employee taking such action shall document such action in detail, and shall

provide the employee with a copy of such documentation. The supervising

employee shall inform the employee that he has the right to prepare a written

response to the action taken after he has reviewed the written documentation

prepared by the supervising employee. Such response shall be attached to the

documentation prepared by the supervising employee. The supervising

employee shall place a copy of the documentation and response provided for

herein in the employee's personnel file and shall transmit a copy to the cabinet

to be placed in the official personnel file of the employee. The supervising

employee shall notify the employee that copies of the documentation and the

response provided for herein have been placed in his personnel files.

(3)Upon written request, an employee shall have the right to examine his personnel

file. An employee may comment in writing on any item in his file. Such comments

shall be made a part of his file and shall be attached to the specific record or

document to which they pertain.

(4)Upon written request a state employee, an applicant for employment, and an

eligible on a register shall have the right to inspect and to copy any record and

preliminary documentation and other supporting documentation that relates to him,

except that an applicant, an eligible, or a state employee shall not have the right to

inspect or to copy any examination materials.

(5)No public agency, as defined by KRS 61.870, and no officer or employee shall

deny, abridge, or impede the exercise of the rights granted in any manner by this

section and by KRS 61.878.