Bill Text: NC S1433 | 2010 | Regular Session | Amended
Bill Title: Open State Employee Personnel Files
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-26 - Ref To Com On Judiciary I [S1433 Detail]
Download: North_Carolina-2010-S1433-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
S 1
SENATE BILL 1433
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Short Title: Open State Employee Personnel Files. |
(Public) |
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Sponsors: |
Senator Berger of Rockingham. |
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Referred to: |
Judiciary I. |
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May 26, 2010
A BILL TO BE ENTITLED
AN ACT providing for open records by requiring the release of letters of recommendation, DISCIPLINARY ACTIONS, and other career information pertaining to state employees and giving state employees the right to inspect their own personnel file in its entirety.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 126‑22(a)(3) reads as rewritten:
"(a) Except as provided in G.S. 126‑23 and G.S. 126‑24, personnel files of State employees shall not be subject to inspection and examination as authorized by G.S. 132‑6.
…
(3) "Personnel file" means any employment‑related
employment‑related, retirement benefits‑related, or
personal information gathered by an employer, the Retirement Systems Division
of the Department of State Treasurer, or by the Office of State Personnel.
Employment‑related information contained in a personnel file includes
information related to an individual's application, letters of
recommendation, selection, promotion, demotion, transfer, leave, salary,
contract for employment, benefits, suspension, performance evaluation,
disciplinary actions, and termination. Personal information contained in a
personnel file includes an individual's home address, social security number,
medical history, personal financial data, marital status, dependents, and
beneficiaries."
SECTION 2. G.S. 126‑23 reads as rewritten:
"§ 126‑23. Certain records to be kept by State agencies open to inspection.
Each department, agency, institution, commission and bureau
of the State shall maintain a record of each of its employees, showing the
following information with respect to each such employee: name, age, date of
original employment or appointment to the State service, the terms of any
contract by which the employee is employed whether written or oral, past and
current, to the extent that the agency has the written contract or a record of
the oral contract in its possession, current position, title, current salary,
date and amount of most recent increase or decrease all increases and
decreases in salary, date of most recent each promotion,
demotion, transfer, suspension, separation, or other change in position
classification, and the every office or station to which the
employee is currently has been assigned. For the purposes of this
section, the term "salary" includes pay, benefits, incentives,
bonuses, and deferred and all other forms of compensation paid by the employing
entity. Subject only to rules and regulations for the safekeeping of the
records, adopted by the State Personnel Commission, every person having custody
of such records shall permit them to be inspected and examined and copies
thereof made by any person during regular business hours. Any person who is
denied access to any such record for the purpose of inspecting, examining or
copying the same shall have a right to compel compliance with the provisions of
this section by application to a court of competent jurisdiction for a writ of
mandamus or other appropriate relief."
SECTION 3. G.S. 126‑24 reads as rewritten:
"§ 126‑24. Confidential information in personnel files; access to such information.
All other information contained in a personnel file is
confidential and shall not be open for inspection and examination except to
the following persons: by these persons as follows:
(1) The employee, applicant for employment, former
employee, or his properly authorized agent, who may examine his own personnel
file in its entirety except for (i) letters of reference solicited prior to
employment, or (ii) information concerning a medical disability, mental or
physical, that a prudent physician would not divulge to a patient. An employee's
medical record may be disclosed to a licensed physician designated in writing
by the employee;entirety.
(2) The supervisor of the employee;employee.
(3) Members of the General Assembly who may inspect and
examine personnel records under the authority of G.S. 120‑19;G.S. 120‑19.
(4) A party by authority of a proper court order may
inspect and examine a particular confidential portion of a State employee's
personnel file; andfile.
(5) An official of an agency of the federal government, State government or any political subdivision thereof. Such an official may inspect any personnel records when such inspection is deemed by the department head of the employee whose record is to be inspected or, in the case of an applicant for employment or a former employee, by the department head of the agency in which the record is maintained as necessary and essential to the pursuance of a proper function of said agency; provided, however, that such information shall not be divulged for purposes of assisting in a criminal prosecution, nor for purposes of assisting in a tax investigation.
Notwithstanding any other provision of this Chapter, any department head may, in his discretion, inform any person or corporation of any promotion, demotion, suspension, reinstatement, transfer, separation, dismissal, employment or nonemployment of any applicant, employee or former employee employed by or assigned to his department or whose personnel file is maintained in his department and the reasons therefor and may allow the personnel file of such person or any portion thereof to be inspected and examined by any person or corporation when such department head shall determine that the release of such information or the inspection and examination of such file or portion thereof is essential to maintaining the integrity of such department or to maintaining the level or quality of services provided by such department; provided that prior to releasing such information or making such file or portion thereof available as provided herein, such department head shall prepare a memorandum setting forth the circumstances which the department head deems to require such disclosure and the information to be disclosed. The memorandum shall be retained in the files of said department head and shall be a public record."
SECTION 4. Fees for copies of the personnel files regulated by the act shall reflect the actual cost of providing the records in order to offset the additional costs associated with the implementation of this act.
SECTION 5. This act becomes effective July 1, 2010.
