NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

 

 

CHAPTER 926

HOUSE BILL 1221

 

 

AN ACT TO AMEND CITY AND COUNTY LAWS RELATING TO PERSONNEL RECORDS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  (a) G.S. 160A-168(a) and G.S. 153A-98(a) are each amended by inserting between the word "files" and the word "maintained" the words "of employees, former employees, or applicants for employment".

(b)  G.S. 160A-168(a) is amended by adding two new sentences to the end thereof, to read: "For purposes of this section, an employee's personnel file consists of any information in any form gathered by the city with respect to that employee and, by way of illustration but not limitation, relating to his application, selection or nonselection, performance, promotions, demotions, transfers, suspension and other disciplinary actions, evaluation forms, leave, salary, and termination of employment. As used in this section, 'employee' includes former employees of the city."

Sec. 2. G.S. 160A-168(c) is amended as follows:

(1)  Subdivision (5) is amended by adding a new sentence at the end of the subdivision to read: "However, the official having custody of such records may release the name, address, and telephone number from a personnel file for the purpose of assisting in a criminal investigation."

(2)  A new subdivision (6) is added to read:

"(6)      An employee may sign a written release, to be placed with his personnel file, that permits the person with custody of the file to provide, either in person, by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release."

(3)  A new subdivision (7) is added to read:

"(7)      The city manager, with concurrence of the council, or, in cities not having a manager, the council may inform any person of the employment or nonemployment, promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or termination of a city employee and the reasons for that personnel action. Before releasing the information, the manager or council shall determine in writing that the release is essential to maintaining public confidence in the administration of city services or to maintaining the level and quality of city services. This written determination shall be retained in the office of the manager or the city clerk, and is a record available for public inspection and shall become part of the employee's personnel file."

Sec. 3. G.S. 160A-168 is amended by adding two new subsections (c1) and (c2) to read as follows:

"(c1)     Even if considered part of an employee's personnel file, the following information need not be disclosed to an employee nor to any other person:

(1)        Testing or examination material used solely to determine individual qualifications for appointment, employment, or promotion in the city's service, when disclosure would compromise the objectivity or the fairness of the testing or examination process.

(2)        Investigative reports or memoranda and other information concerning the investigation of possible criminal actions of an employee, until the investigation is completed and no criminal action taken, or until the criminal action is concluded.

(3)        Information that might identify an undercover law enforcement officer or a law enforcement informer.

(4)        Notes, preliminary drafts and internal communications concerning an employee. In the event such materials are used for any official personnel decision, then the employee or his duly authorized agent shall have a right to inspect such materials.

(c2)      The city council may permit access, subject to limitations they may impose, to selected personnel files by a professional representative of a training, research, or academic institution if that person certifies that he will not release information identifying the employees whose files are opened and that the information will be used solely for statistical, research, or teaching purposes. This certification shall be retained by the city as long as each personnel file examined is retained."

Sec. 4. G.S. 160A-168(e) is rewritten to read:

"(e) A public official or employee who knowingly, willfully, and with malice permits any person to have access to information contained in a personnel file, except as is permitted by this section, is guilty of a misdemeanor and upon conviction shall be fined an amount not more than five hundred dollars ($500.00)."

Sec. 5. G.S. 153A-98(a) is amended by adding two new sentences to the end thereof to read as follows:

"For purposes of this section, an employee's personnel file consists of any information in any form gathered by the county with respect to that employee and, by way of illustration but not limitation, relating to his application, selection or nonselection, performance, promotions, demotions, transfers, suspension and other disciplinary actions, evaluation forms, leave, salary, and termination of employment. As used in this section, 'employee' includes former employees of the county."

Sec. 6. G.S. 153A-98(c) is amended as follows:

(1)  Subdivision (5) is amended by adding a new sentence at the end of the subdivision to read: "However, the official having custody of such records may release the name, address, and telephone number from a personnel file for the purpose of assisting in a criminal investigation."

(2)  A new subdivision (6) is added to read:

"(6)      An employee may sign a written release, to be placed with his personnel file, that permits the person with custody of the file to provide, either in person, by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release."

(3)  A new subdivision (7) is added to read:

"(7)      The county manager, with concurrence of the board of county commissioners, or, in counties not having a manager, the board of county commissioners may inform any person of the employment or nonemployment, promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or termination of a county employee and the reasons for that personnel action. Before releasing the information, the manager or board shall determine in writing that the release is essential to maintaining public confidence in the administration of county services or to maintaining the level and quality of county services. This written determination shall be retained in the office of the manager or the county clerk, is a record available for public inspection and shall become part of the employee's personnel file."

Sec. 7. G.S. 153A-98 is amended by adding two new subsections (c1) and (c2) to read as follows:

"(c1) Even if considered part of an employee's personnel file, the following information need not be disclosed to an employee nor to any other person:

(1)        Testing or examination material used solely to determine individual qualifications for appointment, employment, or promotion in the county's service, when disclosure would compromise the objectivity or the fairness of the testing or examination process.

(2)        Investigative reports or memoranda and other information concerning the investigation of possible criminal actions of an employee, until the investigation is completed and no criminal action taken, or until the criminal action is concluded.

(3)        Information that might identify an undercover law enforcement officer or a law enforcement informer.

(4)        Notes, preliminary drafts and internal communications concerning an employee. In the event such materials are used for any official personnel decision, then the employee or his duly authorized agent shall have a right to inspect such materials.

(c2)      The board of county commissioners may permit access, subject to limitations they may impose, to selected personnel files by a professional representative of a training, research, or academic institution if that person certifies that he will not release information identifying the employees whose files are opened and that the information will be used solely for statistical, research, or teaching purposes. This certification shall be retained by the county as long as each personnel file so examined is retained."

Sec. 8. G.S. 153A-98(e) is rewritten to read:

"(e)       A public official or employee who knowingly, willfully, and with malice permits any person to have access to information contained in a personnel file, except as is permitted by this section, is guilty of a misdemeanor and upon conviction shall be fined an amount not more than five hundred dollars ($500.00)."

Sec. 9. This act shall become effective October 1, 1981.

In the General Assembly read three times and ratified, this the 10th day of July, 1981.