The Basics of Privacy & Personnel Records Joseph Behnke Cristian Rosas-Grillet, Nicholas Ybarra...

The Basics of Privacy & Personnel Records

Joseph BehnkeCristian Rosas-Grillet,

Nicholas YbarraAssistant Attorneys General

Open Records Division

Views expressed are those of the presenter, do not constitute legal advice and are not official opinions of the Office of the Texas Attorney General

Exceptions that Most Commonly Apply to Ordinary Personnel Files

Section 552.101

Information Protected• Any and all information that is made confidential by law

outside of the Public Information Act, including Texas and federal statutes, common-law, and constitutional privacy

What You Need To Tell Us• When asserting Section 552.101, you should cite the

specific statute or privacy principle AND explain why you believe it applies to the requested records.

Section 552.101 and Statutes(Slide 1 of 7)

Section 1324a of Title 8 of the United States Code

Information Protected• Employment Eligibility Verification “Form I-9” and

appended ID forms.

Note: May withhold without seeking attorney general decision pursuant to Open Records Decision No. 684 (2009).

Section 6103(a) of Title 26 of the United States Code

Information Protected• “Tax return information,” including a W-2 or W-4.




Section 560.003 of the Government Code

Information Protected• Fingerprints and other “biometric identifiers”


Section 1703.306 of the Occupations Code

Information Protected• Information acquired from a polygraph examination


Section 159.002 of the Medical Practice Act (“MPA”),subtitle B of Title 3 of the Occupations Code

Information Protected• Communications between a physician and a patient,

including information relative to or in connection with any professional service provided by the physician; and records of the identity, diagnosis, evaluation, or treatment of a patient created or maintained by a physician


Section 611.002 of the Health & Safety Code

Information Protected• Communications between a patient and mental health

professional and records of the identity, diagnosis, or treatment of a mental health patient created or maintained by a mental health professional


Americans with Disabilities Act of 1990 (“ADA”)

Information Protected• Information about the medical conditions and medical

histories of applicants or employees; information obtained in the course of a “fitness for duty examination” conducted to determine whether an employee is still able to perform the essential functions of his or her job; specific information about an individual’s disability and related functional limitations, as well as general statements that an individual has a disability or that an ADA reasonable accommodation has been provided for a particular individual

Section 552.101 and Statutes (Slide 7 of 7)

Section 143.089(g) of the Local Government Code

Information Protected• Personnel files of police officers and fire fighters of

municipalities that have elected to become civil service cities under Chapter 143 of the Local Government Code

• The civil service file is subject to release, while the internal departmental file is confidential.

Section 552.101 and Common-Law Privacy(Slide 1 of 4)

Information Protected• Information that

(1) contains highly intimate or embarrassing facts, which if publicized would be highly objectionable to a reasonable person,

AND

(2) is not of legitimate concern to the public.


This includes• Public citizens’ dates of birth, pursuant to Third Court of

Appeals in Paxton v. City of Dallas.

• Personal financial information. Ex. mortgage payments, assets, bills, credit history,

beneficiaries of employee’s retirement benefits, optional insurance coverage.

• Medical information or information indicating disabilities or specific illnesses. Ex. specific prescription drugs, operations, physical

handicaps, psychiatric treatment of mental disorders, pregnancy, and suicide attempts.

Information relating to a sexual harassment investigation

• (1) If you have an adequate summary of the investigation, then you must release the summary and the statements of the person under investigation, with the victim’s and witnesses’ identifying information redacted. The remaining information must be withheld.

• (2) If you do not have an adequate summary of the investigation, you must release the information you have regarding the investigation, with the victim’s and witnesses’ identifying information redacted.


BUT…

• Common-law privacy lapses at death.

• An individual has a right of access under section 552.023 of the Government Code to his or her own information that is otherwise protected by common-law privacy.


Section 552.102(a)

Information Protected• Tex. Comptroller of Pub. Accounts v. Attorney Gen. of

Tex., the Texas Supreme Court held Section 552.102(a) protects the birth date of an employee of a governmental body in a record maintained by his/her employer in an employment context.

Section 552.117(a)(1)

Information Protected• Your current or former employee’s or official’s

1. current and former home addresses, 2. current and former home telephone numbers,3. emergency contact information, 4. Social Security number, and 5. information that reveals whether the employee has

family members

if he/she elected to withhold such information from disclosure prior to the request being made

Section 552.024(c)

You may redact information subject to Section 552.117 without requesting a decision if the current or former employee or official at issue timely elected to withhold such information.

Section 552.024(c-2) states you must provide the requestor with a form containing (1) a description of the information withheld, (2) a citation to Section 552.024, and (3) instructions for how a requestor can request an opinion from our office.

Under Section 552.024(c-1), the requestor is entitled to seek a decision from our office as to whether the information you redacted was properly withheld.

Section 552.117(a)(2)

Information Protected

1. current and former home addresses, 2. current and former home telephone numbers,3. emergency contact information, 4. Social Security number, and 5. information that reveals whether the employee has

family members

of a peace officer employed by your governmental body

Section 552.1175

Information Protected1. current and former home addresses, 2. current and former home telephone numbers,3. emergency contact information, 4. date of birth5. Social Security number, and 6. information that reveals whether the employee has

family members

of several categories of people, including licensed peace officers, county jailers, and commissioned security officers

Applies to information regarding these individuals who (1) work for you but the information is held in a non-

employment capacity, OR(2) never worked for you, but are employed by another governmental body

Section 552.1175(f)

You may redact information protected by Section 552.1175(b) without requesting a decision from our office.

Section 552.1175(h) states you must provide the requestor with a form containing (1) a description of the information withheld, (2) a citation to Section 552.1175, and (3) instructions for how a requestor can request an opinion from our office.

Under Section 552.1175(g), the requestor is entitled to seek a decision from our office as to whether the information you redacted was properly withheld.

Section 552.117 compared with section 552.1175

Must tell us… 552.117(a)(1) 552.117(a)(2) 552.1175To whom does the information belong and how is it held?

Information pertaining to current & former employees and officials of your governmental body; held by you in an employment capacity

Information pertaining to peace officers employed by your governmental body; held by you in an employment capacity

Information pertaining to peace officers & certain other law enforcement personnel either (1) employed by you, but the information is held in a non-employment capacity, or (2) employed by another governmental body

Has the individual elected confidentiality?

Employee elected confidentiality before you received the request

Protection is automatic

Individual makes an election with your governmental body (can be after you received the request)

Section 552.122

Information Protected• A test item developed by an educational institution that

is funded wholly or in part by state revenue, a licensing agency, or a governmental body

• Our office has interpreted this section to protect test items such as interview questions and in-box exercises, if they serve as a standard means to evaluate knowledge or ability in a particular area.

Section 552.130

Information Protected• Information relating to motor vehicle records and

personal identification documents issued by an agency of the State of Texas or another state or country

• This information includes a driver’s license number, class, and expiration date; an ID card number and expiration date; a license plate number, class, and expiration date; a vehicle identification number (VIN), as well as a registration sticker number, class, and expiration date

Section 552.130(c)

You may redact information subject to section 552.130 without requesting a decision from our office.

Section 552.130(e) states you must provide the requestor with a form containing (1) a description of the information withheld, (2) a citation to Section 552.130, and (3) instructions for how a requestor can request an opinion from our office.

Under Section 552.130(d), the requestor is entitled to seek a decision from our office as to whether the information you redacted was properly withheld.

Section 552.136

Information Protected• Credit card, debit card, charge card, or access device

numbers.

• For example, bank account numbers, personal identification numbers (PINs), and insurance policy numbers are all protected by this exception.

Section 552.136(c)

You may redact information subject to Section 552.136 without requesting a decision from our office.

Section 552.136(e) states you must provide the requestor with a form containing (1) a description of the information withheld, (2) a citation to Section 552.136, and (3) instructions for how a requestor can request an opinion from our office.

Under Section 552.136(d), the requestor is entitled to seek a decision from our office as to whether the information you redacted was properly withheld.

Section 552.137

Information Protected• Most e-mail addresses of members of the public, unless

the member of the public has consented to its release.


Section 552.140

Information Protected• A military veteran’s Department of Defense form DD-214

or other military discharge record IF it first comes into your possession on or after September 1, 2003.


Section 552.147

Information Protected• This section generally allows you to withhold the Social

Security number of a living person.

Section 552.152

Information Protected• Information in the custody of a governmental body that

relates to an employee or officer of the governmental body if, under the specific circumstances pertaining to the employee or officer, disclosure of the information would subject the employee or officer to a substantial threat of physical harm

Exceptions You Might Think Apply, but Probably Don’t

The Health Insurance Portability and Accountability Act (HIPAA)

Section 552.115 (Birth and Death Records)

Section 552.141 (Application for Marriage License)

Examples of Documents Found in General Personnel Files

Sample: 552.024 Election Form

CITY OF FAIRY TALE Public Access Option Form

Texas Government Code Section 552.024 [Note: This form should be completed and signed by the employee no later than the 14th day after the date the employee begins employment, the public official is elected or appointed, or a former employee or official ends employment or service.]

Cinderella Cinderelly (Employee Name) The Public Information Act allows employees, public officials and former employees and officials to elect whether to keep certain information about them confidential. Unless you choose to keep it confidential, the following information about you may be subject to public release if requested under the Texas Public Information Act. Therefore, please indicate whether you wish to allow public release of the following information. PUBLIC ACCESS?

NO YES

Home Address X

Home Telephone Number X

Social Security Number X

Emergency Contact X

Information that reveals whether you have family members X

Cinderella Cinderelly 10/22/2014 (Employee Signature) (Date Signed)

Sample: Résumé

Cinderella Cinderelly 123 Glass Slipper Lane Fairy Tale City, Texas 70000

(512) 555-1678 [email protected] OBJECTIVE To transition from the private sector to a public service position. EDUCATION

Magic Kingdowm School of Law, Pumpkin Patch, Texas J.D. May 2009 Graduated with honors

Enchanted State University, Fairy Tale City, Texas

B.A., Family Studies, May 2006 Graduated with honors

RELEVANT EXPERIENCE

Midnight Law Firm, LLP, Fairy Tale City, Texas Associate Attorney, August 2012 – Present

Managed civil litigation caseload focused on the areas of family law and employment law. Conducted discovery, depositions, drafted pleadings, and appeared in court.

Major & Bruno, LLP, Fairy Tale City, Texas Associate Attorney, January 2011 – July 2012

Managed civil litigation caseload focused on the areas of employment law. Conducted discovery, depositions, drafted pleadings, and appeared in court. Performed research and drafted memoranda.

Enchanted Independent School District, Fairy Tale City, Texas Staff Attorney, November 2009 – December 2011

Assisted senior attorneys with civil litigation caseload focused on First Amendment issues.

ACTIVITIES & SERVICE Fairy Tale City Rotary Club, Fairy Tale City, Texas Member, 2007 – Present

[552.117]Cinderella Cinderelly

123 Glass Slipper Lane Fairy Tale City, Texas 70000 (512) 555-1678 [email protected]

OBJECTIVE To transition from the private sector to a public service position. EDUCATION




RELEVANT EXPERIENCE








Sample: Resume

[552.117]Cinderella Cinderelly

123 Glass Slipper Lane Fairy Tale City, Texas 70000 (512) 555-1678 [email protected]

OBJECTIVE To transition from the private sector to a public service position. EDUCATION




RELEVANT EXPERIENCE








Sample: Resume

[552.137]

Sample: Application pg. 1

CITY OF FAIRY TALE APPLICATION FOR EMPLOYMENT

APPLICANT INFORMATION

Full Name: Cinderella Cinderelly Present address: 123 Glass Slipper Lane, Fairy Tale, Texas 70000 Date of Birth: August 4, 1984 Age: 31 SSN: 101-01-0101

Home Telephone: (512) 555-1678 Business Telephone: (512) 555-3240 Cell Telephone: (512) 555-7838 E-mail: [email protected]

Height: 5’4" Weight: 125 Hair Color: Blonde Eye Color: Blue D

DL #: 12345678 DL State: TX Exp. Date: 8/ 4/ 2017

PERSONAL BACKGROUND

Marital Status (check one): Single ✔ Married Separated Divorced Widowed If Married, Your Spouse’s Name: Prince Charming Spouse’s Address: 123 Glass Slipper Lane, Fairy Tale, Texas 70000 Spouse’s Phone Number: (512) 555-4284 Children’s Names & Ages: Name: Ella Cinderelly-Charming Age: 10 Name: Age: ___








PERSONAL BACKGROUND


[552.117]








PERSONAL BACKGROUND


[552.117]

[552.102]








PERSONAL BACKGROUND


[552.117]

[552.102]

[552.137]








PERSONAL BACKGROUND


[552.117]

[552.102]

[552.137]

[552.130]


EDUCATIONAL BACKGROUND

School & Location: Princess High School, Fairy Tale, TX Graduation Date: May 2002 Degree Earned: H.S. Diploma School & Location: Enchanted State University, Fairy Tale, TX Graduation Date: May 2006 Degree Earned: B.A. School & Location: Magic Kingdom School of Law, Pumpkin Patch, TX Graduation Date: May 2009 Degree Earned: J.D.

EMPLOYMENT HISTORY

Present/Prior Employer & Location: Midnight Law Firm, LLP, Fairy Tale, TX Position: Associate Attorney Salary: $65,000 Supervisor: Anastasia Tremaine Supervisor’s Phone: (512) 555-3636 Prior Employer & Location: Horse & Bruno, LLP, Fairy Tale, TX Position: Associate Attorney Salary: $55,000 Supervisor: Major Horse Supervisor’s Phone: (512) 555-4987

REFERENCES

NAME PHONE NUMBER RELATIONSHIP Gus Mouse (512) 555-9223 Friend

Prudence Castle (512) 555-1546 Friend—County Sheriff

Anastasia Tremaine (512) 555-3000 Former supervisor

MILITARY SERVICE

Branch: N/ A Dates: N/ A Rank at Discharge: N/A

Did you receive an honorable discharge? Yes No Were you ever court-martialed? Yes No Were you ever reduced in rank? Yes No Were you ever absent without leave? Yes No List Relevant Honors: __________________________


[552.1175]

EDUCATIONAL BACKGROUND

School & Location: Princess High School, Fairy Tale, TX Graduation Date: May 2002 Degree Earned: H.S. Diploma School & Location: Enchanted State University, Fairy Tale, TX Graduation Date: May 2006 Degree Earned: B.A. School & Location: Magic Kingdom School of Law, Pumpkin Patch, TX Graduation Date: May 2009 Degree Earned: J.D.

EMPLOYMENT HISTORY

Present/Prior Employer & Location: Midnight Law Firm, LLP, Fairy Tale, TX Position: Associate Attorney Salary: $65,000 Supervisor: Anastasia Tremaine Supervisor’s Phone: (512) 555-3636 Prior Employer & Location: Horse & Bruno, LLP, Fairy Tale, TX Position: Associate Attorney Salary: $55,000 Supervisor: Major Horse Supervisor’s Phone: (512) 555-4987

REFERENCES

NAME PHONE NUMBER RELATIONSHIP Gus Mouse (512) 555-9223 Friend

Prudence Castle (512) 555-1546 Friend—County Sheriff

Anastasia Tremaine (512) 555-3000 Former supervisor

MILITARY SERVICE

Branch: N/ A Dates: N/ A Rank at Discharge: N/A

Did you receive an honorable discharge? Yes No Were you ever court-martialed? Yes No Were you ever reduced in rank? Yes No Were you ever absent without leave? Yes No List Relevant Honors: __________________________


APPLICANT QUESTIONNAIRE CRIMINAL BACKGROUND

Have you ever been convicted of a Class A or Class B misdemeanor offense? No If yes, list the offense, year, and jurisdiction in which the offense occurred.

Are you currently on probation for any criminal offense? No If yes, list the offense, date and jurisdiction in which the offense occurred.

As an adult, have you been convicted of DWI or DUI? No If yes, list the offense, date and jurisdiction in which the offense occurred.

WORK BACKGROUND

Yes No

✔ Have you ever been fired from a job for any reason?

✔ Have you ever been asked to resign from a job for any reason?

✔ Have you ever quit to avoid being fired?

✔ Did you ever quit a job without giving the required notice?

EMERGENCY CONTACT INFORMATION Name: Prince Charming Relationship: Husband________ Phone Number: (512) 555-4284


APPLICANT QUESTIONNAIRE CRIMINAL BACKGROUND

Have you ever been convicted of a Class A or Class B misdemeanor offense? No If yes, list the offense, year, and jurisdiction in which the offense occurred.

Are you currently on probation for any criminal offense? No If yes, list the offense, date and jurisdiction in which the offense occurred.

As an adult, have you been convicted of DWI or DUI? No If yes, list the offense, date and jurisdiction in which the offense occurred.

WORK BACKGROUND

Yes No

✔ Have you ever been fired from a job for any reason?

✔ Have you ever been asked to resign from a job for any reason?

✔ Have you ever quit to avoid being fired?

✔ Did you ever quit a job without giving the required notice?

EMERGENCY CONTACT INFORMATION Name: Prince Charming Relationship: Husband________ Phone Number: (512) 555-4284

[552.117]

Sample: Letter of ReferenceAnastasia Tremaine 1800 North Road Fairy Tale City, Texas 70000 Phone: (512) 555-3000

September 1, 2014

Fairy Tale City Human Resources Department 600 Municipal Drive Fairy Tale City, Texas 70001

To Whom It May Concern:

I strongly recommend Ms. Cinderelly for the position of assistant city attorney. I have had the pleasure of bossing Cinderella around most of her life, but I have been her supervising attorney since she joined our firm in 2012. I have known Cinderella to be a diligent attorney with a strong attention to detail and outstanding ability to analyze complex legal issues. Despite her shy nature, she has a commanding presence in the court room and is an accomplished litigator. Although I am sorry to lose her, I understand she is eager to return to work in the public sector and to have a more flexible work schedule to spend time with her husband and daughter. I believe Cinderella would be a superb assistant city attorney and a tremendous asset to the city attorney’s office. Please contact me by phone or at [email protected] with any questions.

Sincerely,

Anastasia Tremaine

Anastasia Tremaine


September 1, 2014




Sincerely,

Anastasia Tremaine

Anastasia Tremaine

[552.117]


September 1, 2014




Sincerely,

Anastasia Tremaine

Anastasia Tremaine

[552.137]

[552.117]

Sample: Applicant Background Check

Applicant Background Check

Applicant Name: Cinderella Cinderelly

Applicant Address: 123 Glass Slipper Lane Fairy Tale, Texas 70000

Applicant SSN: 101-01-0101

Reference: Anastasia Tremaine Reference DOB: 2/1/1979

1. What is your relationship to the applicant? Former Supervisor 2. How long have you known the applicant? Too Long

3. How would you describe the applicant’s character? Despite my hatred for CC on a personal level, I respect her dedication and conscientiousness and value her as an employee.

4. Have you witnessed the applicant using drugs or alcohol? No, but I have my suspicions.

5. Do you know of any reason the applicant would not be able to fulfill his or her responsibilities to our city? No











[552.117]











[552.117]

[552.101/common-law privacy]

( )

Sample: Fingerprints

CITY OF FAIRY TALE APPLICANT FINGERPRINT RECORD


Social Security Number: 101-01-0101

Address: 123 Glass Slipper Lane, Fairy Tale, TX 70000

Reason Fingerprinted: Applicant for Assistant City Attorney

Cinderella Cinderelly (Applicant Signature) L. Little L. Ring L. Middle L. Index L. Thumb

R. Little R. Ring R. Middle R. Index R. Thumb









[552.117]









[552.117]

[552.101 with 560.003 Gov’t Code]

Sample: Psychological Evaluation

City of Fairy Tale - Human Resources Department 600 Municipal Drive, Fairy Tale City, Texas 70001

Phone: (512) 555-1122 E-mail: [email protected]

Pre-employment Psychological Evaluation

Applicant: Cinderella Cinderelly SSN: 101-01-0101 Department for which applying: Fairy Tale City Law Department Position applying for: Assistant City Attorney Date: September 1, 2014 Evaluator: Fairy Godmother, PhD Tests administered: Standard Pre-Employment Protocol

Background and observation: Ms. Cinderelly is a 31 year old female who has applied for an assistant city attorney position with the Fairy Tale City Attorney’s Office. Ms. Cinderelly is currently employed as an associate attorney with Midnight Law Firm, LLP. Ms. Cinderelly has received outstanding evaluations in her current position. Ms. Cinderelly’s childhood was somewhat traumatic. She was locked up in an emotionally abusive home with family members consisting of her dreadful stepmother and three not-so-aesthetically-pleasing stepsisters. From her early childhood and into adulthood, Ms. Cinderelly had to do all the chores for the household, causing Ms. Cinderelly to be in a constant state of despair. However, in true Fairy Tale City fashion, she states she transformed a pumpkin into a carriage and various rodents into horses and a coachman, and rode to a ball where she found her dear Prince Charming. Ms. Cinderelly states she is deeply committed to her husband and is very close with their young daughter. She spends most of her free time with her husband, daughter, and ladies-in-waiting. She also has remained in touch with some of her rodent friends through social media. Ms. Cinderelly is excited to move to the public sector.

Test Results: Ms. Cinderelly has a reserved disposition. However, she answered all questions thoughtfully and did not appear evasive. Aside from the whole pumpkin carriage bit, which I certainly don’t remember that way, and Facebooking rodents, Ms. Cinderelly does not exhibit any current mental health problems. She seems to have found a healthy way to deal with her unfortunate past and has forged healthy relationships with her husband and child. Ms. Cinderelly has a stable work history and ample trial experience. Her strong reputation among her colleagues and employers indicate a dedication to her profession that will allow her to transition to a new position with ease.

Summary: Ms. Cinderelly is qualified for the position. My recommendation is HIRE.

*Electronically signed by Dr. Fairy Godmother, PhD.

Sample: Psychological Evaluation

City of Fairy Tale - Human Resources Department 600 Municipal Drive, Fairy Tale City, Texas 70001

Phone: (512) 555-1122 E-mail: [email protected]

Pre-employment Psychological Evaluation

Applicant: Cinderella Cinderelly SSN: 101-01-0101 Department for which applying: Fairy Tale City Law Department Position applying for: Assistant City Attorney Date: September 1, 2014 Evaluator: Fairy Godmother, PhD Tests administered: Standard Pre-Employment Protocol

Background and observation: Ms. Cinderelly is a 31 year old female who has applied for an assistant city attorney position with the Fairy Tale City Attorney’s Office. Ms. Cinderelly is currently employed as an associate attorney with Midnight Law Firm, LLP. Ms. Cinderelly has received outstanding evaluations in her current position. Ms. Cinderelly’s childhood was somewhat traumatic. She was locked up in an emotionally abusive home with family members consisting of her dreadful stepmother and three not-so-aesthetically-pleasing stepsisters. From her early childhood and into adulthood, Ms. Cinderelly had to do all the chores for the household, causing Ms. Cinderelly to be in a constant state of despair. However, in true Fairy Tale City fashion, she states she transformed a pumpkin into a carriage and various rodents into horses and a coachman, and rode to a ball where she found her dear Prince Charming. Ms. Cinderelly states she is deeply committed to her husband and is very close with their young daughter. She spends most of her free time with her husband, daughter, and ladies-in-waiting. She also has remained in touch with some of her rodent friends through social media. Ms. Cinderelly is excited to move to the public sector.

Test Results: Ms. Cinderelly has a reserved disposition. However, she answered all questions thoughtfully and did not appear evasive. Aside from the whole pumpkin carriage bit, which I certainly don’t remember that way, and Facebooking rodents, Ms. Cinderelly does not exhibit any current mental health problems. She seems to have found a healthy way to deal with her unfortunate past and has forged healthy relationships with her husband and child. Ms. Cinderelly has a stable work history and ample trial experience. Her strong reputation among her colleagues and employers indicate a dedication to her profession that will allow her to transition to a new position with ease.

Summary: Ms. Cinderelly is qualified for the position. My recommendation is HIRE.

*Electronically signed by Dr. Fairy Godmother, PhD.

Withhold 1 page - 552.101 with 611.002 Health & Safety Code

Sample: SSN Card and Driver’s License


[552.117]


[552.117]

[552.130]

Sample: Direct Deposit Authorization

CITY of FAIRY TALE

Direct Deposit Authorization Form

Please attach a voided check or letter from financial institution and sign the bottom of this form prior to mailing back to: Human Resources Department, City of Fairy Tale, 600 Municipal Drive, Fairy Tale, Texas, 70001.

1. Transaction Start Date: November 1, 2014

2. Account Number: 567891234

3. Routing Number: 111222345

4. Name of Financial Institution: Gold Digger’s Bank 82 Stepsister Trail Fairy Tale, Texas 70000

5. Name of Payee: Cinderella Cinderelly

6. Payee SSN: 101-01-0101

7. Signature: Cinderella Cinderelly Date: 10/22/2014

Sample: Direct Deposit Authorization

CITY of FAIRY TALE

Direct Deposit Authorization Form

Please attach a voided check or letter from financial institution and sign the bottom of this form prior to mailing back to: Human Resources Department, City of Fairy Tale, 600 Municipal Drive, Fairy Tale, Texas, 70001.

1. Transaction Start Date: November 1, 2014

2. Account Number: 567891234

3. Routing Number: 111222345

4. Name of Financial Institution: Gold Digger’s Bank 82 Stepsister Trail Fairy Tale, Texas 70000

5. Name of Payee: Cinderella Cinderelly

6. Payee SSN: 101-01-0101

7. Signature: Cinderella Cinderelly Date: 10/22/2014

Withhold 1 page – 552.101 withcommon-law privacy

Sample: Insurance Enrollment

CITY OF FAIRY TALE INSURANCE ENROLLMENT FORM

Enrollee Information

EMPLOYEE NAME: Cinderella Cinderelly SOCIAL SECURITY NUMBER: 101-01-0101 ADDRESS: 123 Glass Slipper Lane, Fairy Tale, TX 70000 HOME TELEPHONE: (512) 555-1678

Optional Health Insurance Elections

Yes No

Do you wish to be enrolled in the COF Dental Coverage?

Do you wish to be enrolled in the COF Short Term Disability Coverage?

Do you wish to be enrolled in the COF Long Term Disability Coverage? (NB: monthly fee is 8% of your gross earnings)

Life Insurance Elections Yes No

Do you wish to apply for COF Life Insurance Benefits?

Do you wish to apply for supplemental COF Mutual Life

Insurance Benefits? (NB: monthly fee is 6% of your gross earnings)

Beneficiary Designation Name of Beneficiary 1: P. Charming Relationship: Husband Address: 123 Glass Slipper Ln., Fairy Tale, TX 70000 Phone Number: (512) 555-4284 Name of Beneficiary 2: Gus Mouse Relationship: Good Friend Address: 34 Work-All-Day Crt., Fairy Tale, TX 70000 Phone Number: (512) 555-9223

Signature: Cinderella Cinderelly Date: 10/ 22/ 14






Yes No










[552.101 + common-law privacy]






Yes No










[552.117]

[552.101 + common-law privacy]

Sample: Accommodation Request

CITY ATTORNEY’S OFFICE

Interoffice Memorandum

To: Lady Tremaine

From: Cinderella Cinderelly

Date: March 1, 2015

Re: Request for Accommodation

I was recently diagnosed with lumbar degenerative disc disease, which causes lower back pain. I believe it may stem from several years of making the fire, fixing breakfast, washing the dishes, and doing the mopping. Because of my condition, I require a desk chair with lower back support. I will also need to implement five minute work breaks for me to walk around the office so that I am not staying in one position for too long, which can lead to stiffness and pain. Additionally, I will need to take time off periodically to attend rehabilitation appointments with a physical therapist. Please let me know if I need to complete any additional paperwork.

Thank you for your help with this matter.

Best,

Cinderella

Sample: Accommodation Request

CITY ATTORNEY’S OFFICE

Interoffice Memorandum

To: Lady Tremaine

From: Cinderella Cinderelly

Date: March 1, 2015

Re: Request for Accommodation

I was recently diagnosed with lumbar degenerative disc disease, which causes lower back pain. I believe it may stem from several years of making the fire, fixing breakfast, washing the dishes, and doing the mopping. Because of my condition, I require a desk chair with lower back support. I will also need to implement five minute work breaks for me to walk around the office so that I am not staying in one position for too long, which can lead to stiffness and pain. Additionally, I will need to take time off periodically to attend rehabilitation appointments with a physical therapist. Please let me know if I need to complete any additional paperwork.

Thank you for your help with this matter.

Best,

Cinderella

Withhold 1 page - 552.101 with ADA

Sample: Employee Evaluation

OFFICE OF THE CITY ATTORNEY EMPLOYEE EVALUATION

Employee: Cinderella Cinderelly Reviewer: Lady Tremaine Date: October 1, 2015 Excellent Good Fair Poor Attendance X Attitude X Communication Skills X Creativity X Dependability X Enthusiasm X Punctuality X Work Quality X Work Consistency X Work Relations X Comments: At times, Cinderella is late to work. It has been rumored that she attends balls and does not get home until after midnight, so that may explain her tardiness the next day. Further, Cinderella occasionally violates the dress code by showing up to work with one shoe on. Nevertheless, her work ethic is impeccable and she constantly outshines her peers by completing twice as much work in half the time. She is a skilled and devoted employee, and is generally an asset to the city attorney’s office.

Sample: Doctor’s Note

Dr. Fairy Godfather 246 Pumpkin Row

Fairy Tale City, Texas 78701 (512) 555-1950

October 12, 2015

Office of the City Attorney Human Resources Director 600 Municipal Drive Fairy Tail City, Texas 70001

To Whom It May Concern: Please excuse Cinderella’s absence from work on October 11, 2015. Cinderella suffered from an eye irritation. She had a reaction to cinder that flew in her left eye while cleaning out her sister’s fireplace. I have prescribed bippity boppity boo eye-drops that should alleviate the irritation and cleanse the eye. With the help of the drops, she should feel better and she is free to return to work. If you have any questions, please to do not hesitate to contact my office. Thank you. Sincerely,

F. Godfather, M.D. Dr. F. Godfather

Sample: Doctor’s Note

Dr. Fairy Godfather 246 Pumpkin Row

Fairy Tale City, Texas 78701 (512) 555-1950

October 12, 2015

Office of the City Attorney Human Resources Director 600 Municipal Drive Fairy Tail City, Texas 70001

To Whom It May Concern: Please excuse Cinderella’s absence from work on October 11, 2015. Cinderella suffered from an eye irritation. She had a reaction to cinder that flew in her left eye while cleaning out her sister’s fireplace. I have prescribed bippity boppity boo eye-drops that should alleviate the irritation and cleanse the eye. With the help of the drops, she should feel better and she is free to return to work. If you have any questions, please to do not hesitate to contact my office. Thank you. Sincerely,

F. Godfather, M.D. Dr. F. Godfather

Withhold 1 page – 552.101 with MPA

Sexual Harassment Investigation

without Adequate Summary of the Investigation

Sample: Sexual Harassment

Sample: Sexual Harassment - Complaint

OFFICE OF THE CITY ATTORNEY Lady Tremaine January 3, 2015 City Attorney’s Office 600 Municipal Drive Fairy Tale City, Texas 70001 Dear Lady Tremaine: I’m writing to report inappropriate behavior towards me by my coworker, the Grand Duke. Since I began working here in October, the Grand Duke constantly approaches me and says I might be the woman he’s been looking for. I told him that I am not interested in him, bu t he just looks down and starts ogling my feet and shoes. He mumbles about me “being the one from that night,” but I have told him that I have no idea what he is talking about and I have never met him prior to my working here. I’ve asked the Grand Duke to stop and to not stare at me the way he does, but he blames his actions on his boss saying that his boss will be upset with him if he doesn’t find the girl. I’m also reporting this behavior because I have seen him do this to multiple women in the office. He knocks on office doors and, when they answer, he oddly pleads with them to try on a shoe for him to see if it fits because they might be the woman he’s been looking for. I believe it makes the women feel uncomfortable, as I did, but he insists. He often drops to the floor and begins staring at their legs! Like me, I think the women are embarrassed by his actions and this unwanted attention. I’ve tried to ignore it, but the Grand Duke has not stopped harassing me and my female colleagues. Recently, the Grand Duke started entering my office while I’m gone, leaving caramel lattes on my desk. When I tried to return the drinks to him, he refuses to accept them and, instead, he says to “keep the coffee, sexy thing, ‘cause you have killer slippers on today and I appreciate the look.” Then he winks at me. I have realized that the only way to possibly improve the situation is to report his behavior to you immediately. Sincerely,

Cinderella

Cinderella Cinderelly Assistant City Attorney


[552.101 with common-law privacy and Ellen]


Cinderella


Sample: Sexual Harassment - Accused

MEMORANDUM TO: Lady Tremaine FROM: Grand Duke DATE: January 5, 2015 Re: Response to Sexual Harassment Accusation

It has come to my attention that Cinderella is imagining fictitious stories about me and her accusations may affect me professionally. I feel I need to address these matters because I believe that she has misinterpreted my actions. Cinderella claims that I constantly approach her and “ogle” her shoes and her legs. I am merely enchanted by her beautiful footwear. Because I am such a nice person, I compliment her. I think complimenting your coworkers builds a friendly work atmosphere, so I often compliment the women in our office. As for the latte mix up, I thought it would be a nice gesture to buy a drink for a coworker every now and then. I apologized for not getting them pumpkin flavored, I didn’t know that was her favorite flavor. I know I shouldn’t be in her office without her permission, but as I said before, I was just being nice. I swear, it’s like Cinderella doesn’t like it when people are nice to her. I hope you see that this is all just a misunderstanding and Cinderella is being a bit dramatic about it all.

Grand Duke Grand Duke

Sample: Sexual Harassment - Polygraph

Pom-Pom’s Polygraph Testing Services 28 Cat and Mouse Lane, Fairy Tale City, Texas 70001

512-666-1234 [email protected] Polygraph Examination of: Fairy Tale City Assistant Attorney the Grand Duke Preliminary Questions: 1. Is your name the Grand Duke?

Yes.

2. Are you an Assistant City Attorney for Fairy Tale City?

Yes. Examination Questions: 1. Have you ever looked at Ms. Cinderelly’s shoes and legs while mumbling that she is “the one from that night”?

No.

2. Have you ever intentionally winked at Ms. Cinderelly in a suggestive manner?

No.

3. Are you telling the truth with respect to the questions in this exam?

Yes.

Examination Results: DECEPTION INDICATED on Questions 1, 2, and 3.

Pom Pom T. Cat Signature of Examiner


Withhold 1 page - 552.101 with 1703.306 Occ. Code



Yes.



No.


No.


Yes.



Sexual Harassment Investigation

withAdequate Summary

of Investigation

Sample: Sexual Harassment

Sample: Sexual Harassment - Summary

OFFICE OF THE CITY ATTORNEY

To: City Manager

From: Lady Tremaine Date: January 13, 2015

Subject: Investigation of Sexual Harassment Allegations

SUMMARY OF ALLEGATIONS Cinderella Cinderelly, an employee at the city attorney’s office, alleges her coworker, Grand Duke, has made inappropriate comments about her appearance and unwanted sexual advances towards her. Cinderella also states Grand Duke has done this to other females in the office. Cinderella states that these behaviors have made her and others feel uncomfortable at work.

INVESTIGATION FINDINGS: During the course of investigation, we interviewed three employees. Mary Mouse stated Cinderella confided in her about the incidents and said Cinderella was upset about it. Mary said hearing about it gave her the courage to let Cinderella know Grand Duke has done the same thing to her and she, too, felt violated. Drizella Tremaine, Cinderella’s secretary, saw Grand Duke enter Cinderella’s office on four occasions and leave lattes on her desk. She witnessed Cinderella telling Grand Duke to leave her alone and he said he would not stop until he “gets his girl.” Drizella said Cinderella was visibly uncomfortable. Jaq Mouse, another employee, said he has seen Grand Duke wink at Cinderella and make comments about Cinderella’s appearance.

We also hired a polygraph testing service. The final report for the polygraph of the Grand Duke indicated deception when he was questioned about the incident.

DETERMINATION: Based on my investigation, I find that there is sufficient evidence to sustain Cinderella’s allegations of sexual harassment against Grand Duke. I recommend that Grand Duke be suspended for 10 days without pay. I also recommend that Grand Duke be required to attend sexual harassment training upon immediate return to work.


To: City Manager










To: City Manager









[552.101 + 1703.306 Occ.]



Cinderella



Withhold 1 page - 552.101 with common-law privacy and Ellen


Cinderella





Yes.



No.


No.


Yes.






Yes.



No.


No.


Yes.



Withhold 1 page - 552.101 with common-law privacy and Ellen

Questions?

OAG’s Open Government Hotline(877) OPEN-TEX (673-6839)

(512) 478-OPEN (6736)

OAG Websitehttps://www.texasattorneygeneral.gov/og/open-government

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