July 1, 2004 To establish policy regarding personnel files, removal of information from personnel files, viewing of personnel file and to establish a system to document the personnel transactions of the Department.

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Atlanta Police Department

Policy Manual

 

 

 

 

 

 

 

 

 

Standard Operating

Procedure

 

Effective Date

June 2, 2010

 

APD.SOP.6080

Personnel Files and Orders

Applicable To:  All division, bureau, section and unit commanders

Approval Authority:  Interim Chief George N. Turner

Signature:  Signed by GNT

Date Signed:  7/8/10

 

 

1.          PURPOSE  PAGEREF _Toc267399854 \h 1

2.          POLICY   PAGEREF _Toc267399855 \h 1

3.          RESPONSIBILITIES  PAGEREF _Toc267399856 \h 1

4.          ACTION  PAGEREF _Toc267399857 \h 2

4.1           Personnel Files  PAGEREF _Toc267399858 \h 2

4.1.8        Access to Personnel and Medical Files  PAGEREF _Toc267399859 \h 2

4.1.12      Retention  PAGEREF _Toc267399860 \h 3

4.2           Personnel Order Format PAGEREF _Toc267399861 \h 3

5.          DEFINITIONS  PAGEREF _Toc267399862 \h 4

6.          CANCELLATIONS  PAGEREF _Toc267399863 \h 4

7.          REFERENCES  PAGEREF _Toc267399864 \h 4

 

1.               PURPOSE

 

To establish policy regarding personnel files, removal of information from personnel files, viewing of personnel file and to establish a system to document the personnel transactions of the Department.

 

2.               POLICY

 

It is the policy of the Atlanta Police Department to maintain confidential personnel files on all employees.  A personnel order is required to change an employee's bureau, division, section, unit, or watch, but not off-days.

 

3.               RESPONSIBILITIES

 

3.1              The Chief of Police is responsible for authorizing the type of information to be placed into, removed, or copied from personnel files.  The Chief of Police will issue all personnel orders not delegated in section 3.2.

 

3.2              Bureau, division, section, and unit commanders are authorized to issue personnel orders to transfer employees within their respective commands. A section commander may direct that “unit files” be kept at the section level, depending on the size of the section and its units.

 

3.3              The Personnel Services Unit (PSU) is responsible for managing the personnel order system.

 

3.4              The Personnel Services Unit commander is responsible for maintaining Departmental personnel and medical files and for ensuring employees the opportunity to view their Departmental personnel files.  The Personnel Unit commander will prepare an annual report for the Chief of Police to include each bureau, division and section’s makeup by classification (rank), race, and sex.

 

3.5              Unit commanders will maintain unit personnel and medical files for all employees under their command and ensure that each employee has the opportunity to view his or her unit file.

 

4.               ACTION

 

4.1              Personnel Files

 

4.1.1           Only the Human Resources Section commander or higher authority may authorize information to be placed into or removed from personnel files.

 

4.1.2           Information that is directly related to the employee and his or her specific worksite, i.e., memorandums, etc., will be kept in his or her unit file, not the Department personnel file. The unit commander will keep copies of the personnel update, counseling forms, grievance forms, letters of commendation, certificates of training, evaluations and extra job requests in the unit personnel file. The unit commander will keep copies of sick leave requests and IOJ packages in the unit medical file.

 

4.1.3           Information such as personnel data update, extra weapons requests, letters of commendation, etc., will be kept in the Department personnel file.

 

4.1.4           Information placed in the personnel file of an employee will be shown to the affected employee and signed by the employee prior to placement of the information in the personnel file. The employee's signature means only that the employee has seen the information prior to its being placed in his or her personnel file; it is not acknowledgment of concurrence with the information. 

 

4.1.5           Information such as job related forms, employment applications, evaluation forms, insurance forms, personnel transaction forms, etc., do not need authorization or employee signature prior to placement in the unit or personnel file.

 

4.1.6           In the event of a transfer, the employee's unit file will be forwarded to the commander of the employee's new assignment within 10 business days.

 

4.1.7           When an employee is terminated or is placed on inactive status, the employee's unit file will be forwarded to the Personnel Services Unit within 10 business days where it will be incorporated into his or her personnel file.

 

4.1.8           Access to Personnel and Medical Files

 

1.    An employee will not be allowed to review the personnel or medical file of another employee, unless it is in accordance with his or her assignment.

 

2.    An employee may make an appointment to view his or her Department or unit file.  The Personnel Services Unit commander or his/her designee will schedule the date of appointment to review the Department file.

 

3.    Only the employee’s chain of command or the PSU commander or his or her designee may review a personnel file.     

 

4.    Only the PSU commander or a designee may review the medical file of another employee. The review will be limited in scope and in accordance with his or her duty assignment.

 

5.    When viewing a personnel or medical file, persons will date, sign and state the reason for viewing of the file on the file review authorization form (Form APD-259) attached inside the folder.  Without the permission of the employee, medical files cannot be viewed by anyone other than the supervisor.  The Georgia Open Records Act specifically excludes medical records from disclosure, as release of such information would constitute an invasion of personal privacy.

 

4.1.9           Information contained in personnel files will be kept in separate sections.

 

1.    Section A will contain the turn around document, oath of office, Criminal Justice Awareness Statement, resume, military leave orders and other leave forms.

 

2.    Section B will contain the personnel data form, change of address form, incentive pay approval, evaluations, certificate/training records, promotions, reassignments to another rank, previous police experience and advancement to job classification requiring a higher level of skills.

 

3.    Section C will contain grievance forms, extra weapon requests, extra job requests and miscellaneous items.

 

4.    Section D will contain suspension orders, commendations, reprimands and counseling forms.

 

4.1.10         All information pertaining to sickness (including sick leave forms), medical or psychological concerns or injuries, will be kept separate and secure from the unit and Department personnel file in accordance with the Americans with Disabilities Act.

 

4.1.11         Records of disciplinary action, such as oral admonishments or written reprimands taken against an employee by the unit or section commander will be kept in the employee's unit file with a copy placed in the Department’s personnel file and in the Office of Professional Standards.

 

4.1.12         Retention

 

1.    Documents in the Department personnel file will be retained until 20 years after the employee retires or otherwise terminates employment with the Department.

 

2.    Documents in the unit personnel file will be kept for five years, or longer at the unit commander’s option. Documents removed from the unit personnel file will be delivered to the Personnel Services Unit for incorporation into the Department file or destroyed.

 

4.2              Personnel Order Format

 

4.2.1           Use the personnel order form (APD-255).  The body of a personnel order will list each individual's full name; bureau, division, section, or unit; job classification; and the date of the personnel action.  For transfers, promotions, and demotions, both the old and new information are stated.

 

4.2.2           In a disciplinary action, the Notice of Final Adverse Action substitutes for the personnel order and will have a personnel order number.

 

4.2.3           Personnel orders have unique numbers for clear identification.  The Personnel Services Unit will assign the number of all personnel orders.  The number consists of four parts:

 

1.    The first part is APD.

 

2.    The 2nd part is PO.

 

3.    The 3rd part is the last two digits of the year.

 

4.    The 4th part represents the sequential number of the order within the year.

 

5.    An example is APD.PO.08.001, the first personnel order for the year 2008.

 

4.3             The authority that signs a personnel order will immediately send the original to the Personnel Services Unit at least one business day before its effective date.

 

4.4             The Personnel Services Unit will maintain the originals of all Department personnel orders and will disseminate those signed by the Chief at least one day before the effective date. 

 

4.5             Division and section personnel orders will be disseminated to all recipients listed in the distribution section of the form by the approving authority at least one day before the effective date. 

 

5.               DEFINITIONS

 

5.1              Personnel Order:  A form that documents a change in personnel status such as hiring, appointment, transfer, promotion, demotion, reinstatement, or resignation.  It can originate at the Department, bureau, division, section, or unit level.

 

6.               CANCELLATIONS

 

                  APD.SOP.6080, “Personnel Services Unit” that was dated December 1, 2007

                 

7.               REFERENCES

 

                  Americans with Disabilities Act

                  Georgia Open Records Act

                  APD.SOP.2120 “Employee Transfer”

                  Personnel Order Form (Form APD-255)

                  Record Review Form APD-259