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4# <br />l~ <br />,~ <br />~~ <br />s <br />r <br /> <br />k <br />F <br /> <br />':~ <br />n <br />u <br />y J <br />,~~ <br />a, ; <br />ro~ <br />=a <br />J ' <br />u <br />~ ~~ <br />§ 153A-98 CH. 153A. COUNTIES § 153A-98 <br />have access to this information for the purpose of inspection, exami- <br />nation, and copying, during regular business hours, subject only tq <br />such rules and regulations for the safekeeping of public records as <br />the board of commissioners may have adopted. Any person denied <br />access to this information may apply to the appropriate division of <br />the General Court of Justice for an order compelling disclosure, and <br />the court shall have jurisdiction to issue such orders. <br />(c) All information contained in a county employee's personnel <br />file, other than the information made public by subsection (b) of <br />this section, is confidential and shall be open to inspection only in <br />the following instances: <br />(1) The employee or his duly authorized agent may examine all <br />portions of his personnel file except (i) letters of reference <br />solicited prior to employment, and (ii) information concern- <br />ing a medical disability, mental or physical, that a prudent <br />j physician would not divulge to his patient. <br />(2) A licensed physician designated in writing by the employee <br />may examine the employee's medical record. <br />(3) A county employee having supervisopy authority over the <br />employee may examine all material irt, the employee's per- <br />sonnel file. <br />(4) By order of a court of competent jurisdiction, any person <br />may examine such portion of an employee's personnel file <br />as may be ordered by the court. <br />(5) An official of an agency of the State or federal government, <br />~ ~ or any political subdivision of the State, may inspect any <br />portion of a personnel file when such inspection is deemed <br />by the official having custody of such records to be in- <br />spected to be necessary and essential to the pursuance of a <br />~ proper function of the inspecting agency, but no informa- <br />~ tion shall be divulged for the purpose of assisting in a <br />' criminal prosecution of the employee, or for the purpose of <br />~ assisting in an investigation of the employee's tax liability. <br />However, the official having custody of such records may <br />release the name, address, and telephone number from a <br />personnel file for the purpose of assisting in a criminal <br />investigation. <br />(6) An employee may sign a written release, to be placed with <br />j his personnel file, that permits the person with custody of <br />the file to provide, either in person, by telephone, or by <br />mail, information specified in the release to prospective <br />employers, educational institutions, or other persons speci- <br />fied in the release. <br />(7) The county manager, with concurrence of the board of <br />' county commissioners, or, in counties not having a man- <br />ager, the board of county commissioners may inform any <br />person of the employment or nonemployment, promotion, <br />demotion, suspension or other disciplinary action, rein- <br />; statement, transfer, or termination of a county employee <br />and the reasons for that personnel action. Before releasing <br />the information, the manager or board shall determine in <br />writing that the release is essential to maintaining public <br />confidence in the administration of county services or to <br />maintaining the level and quality of county services. This <br />written determination shall he retained in the office of the <br />manager or the county clerk, is a record available for pub- <br />42 <br />t , <br />