SCOPE: FACULTY AND STAFF

Issued: 4/1/00

Revised: 1/01/07

1. Policy: Requests from various business, government agencies, organizations, and individuals for information relating to the projected, current, or previous employment of persons at Lamar University should be referred to Human Resources. Because of federal and state privacy laws, extreme care must be exercised before releasing any data or material that may be requested. No request for information concerning projected, current, or former employees of the institution should be honored without obtaining the prior approval of Human Resources.

The Human Resources Department is responsible for the development and maintenance of a centralized personnel record file for regular faculty and staff members. Specific employee information and personal data will be maintained as required by federal and state laws and regulations, and for various internal and external reports. Employees may view the information in their files.

2. Collection and Update of Information: Employee information and personal data are originally collected from each individual at the time of employment. Employees are responsible for promptly notifying Human Resources of any change in personal data as follows:¹

2.1 Legal name, if changed by marriage or otherwise,

2.2 Mailing address and/or residence address,

2.3 Telephone number,

2.4 Marital status, for income tax purposes,

2.5 Number of dependents, for income tax and/or group insurance purposes, and

2.6 Insurance beneficiary.

3. Reference Checks and Employment Verifications: All inquiries or reference checks concerning present or former employees are completed by Human Resources. All verbal or written requests for information should be referred to Human Resources.

4. Disclosure of Employee Information and Personal Data: Only information specified under the Texas Public Information Act that is not of a personal, confidential nature, or information authorized by the employee, will be released.²

4.1 Open Records: The following employee information and personal data will be made available to any person. All requests must be submitted in writing to the Office of the President.

a. Employee name

b. Sex

c. Ethnicity (i.e., Caucasian, Black, Hispanic, American Indian, Asian, etc.)

d. Salary

e. Title

f. Dates of employment

g. Home address and home phone number, except when an employee has indicated in writing that he/she does not wish this information to be divulged.

h. Reasons for leaving Lamar University employment. Subjective information regarding the evaluation, discipline or dismissal of an employee is protected from disclosure to the public; however, final actions and decisions, such as discharge, are public. It may be divulged that the employee left because of retirement, resignation, depletion of funds, completion of project, death or discharge. However, the reason for discharge will not be divulged.³

The requestor must pay any unusual expense incurred in providing the employee information and personal data. The President’s office must be notified of each request.

4.2 Employees' Right to Personal Data: Present or former employees have the right to review, in the presence of a Human Resources staff member, all information relevant to their employment relationship that is in their personnel file. This includes information pertaining to and/or anything bearing upon:⁴

4.2.1 Qualifications for employment, i.e., letters of recommendation, applications, etc.

4.2.2 Employment and its terms, i.e., evaluations of performance, counseling memos, payroll authorizations, etc.

4.2.3 Separation from employment, i.e., documents relating to termination of employment, counseling memos, termination statements. The employee shall be allowed to make copies of documents, take notes, or add rebuttal statements. Present or former employees may not review information that would invade the privacy of a third party.⁵

4.2.4 The types of employee information listed in items a. and b. are clearly defined as releasable under the Texas Public Information Act. All requests for information must be made in writing. E-mail requests are valid. The Associate Vice President for Human Resources will determine if the requested information is to be released. Request may be referred to the Vice President for Finance and Operations for further determination.

5. Privacy Policy: Employees are entitled to be notified about information collected about them, unless such information is protected under Texas Government Code, Section 552.023.⁵¹¹ With few exceptions, an individual is entitled to:

• Be notified about information the State has collected.
• Receive and review the information. 
• Correct inaccurate information.⁵¹²

6. Access to Confidential Information: Employees who have access to confidential information regarding students, fellow employees, or others should take care in guarding such information. Confidential information should not be discussed except in the line of duty and with specific authorization.

References:

¹ Texas Public Information Act, Government Code, chapter 552.

² Ibid

³ Ibid

⁴ Ibid

⁵ Ibid

⁵¹¹ Texas Government Code, §552.147

⁵¹² Ibid, §559.003 (a)