Orange County NC Website
Q ~~ ~. <br />~~ ¢ 153A-98 ART. 5. ADMINISTRATION § 153A-98 r <br />t: <br />'S - <br />lic inspection and shall become part of the employee's per- a <br />'' <br />.. <br />. <br />~ <br />sonnel file. , <br />~- ~. <br />_ <br />-~ (cl) Even if considered part of an employee's personnel file, the ~ ,a <br />'~ <br />: following information need not be disclosed to an employee nor to ~ <br />_ <br />~_ 8ny other person: ? <br />~. (1) Testing or examination material used solely to determine -- <br />. „ individual qualifications for appointment, employment, or <br /> promotion in the county's service, when disclosure would <br /> compromise the objectivity or the fairness of the testing or - <br /> examination process. '= <br /> (2) Investigative reports or memoranda and other information <br /> concerning the investigation of possible criminal actions of <br /> an employee, until the investigation is completed and no .~.-~{~ <br /> criminal action taken, or until the criminal action is con- ''~ <br />- cluded. <br /> (3) Information that might identify an undercover law enforce- <br /> ment officer or a law enforcement informer. <br /> (4) Notes, preliminary drafts and internal communications <br />~ <br /> concerning an employee. In the event such materials are ~ ` <br /> used for any official personnel decision, then the employee <br /> or his duly authorized agent shall have a right to inspect <br />- such materials. _ <br /> (c2) The board of county commissioners may permit access, sub- ~ ;,~ <br /> ject to limitations they may impose, to selected personnel files by a <br /> professional representative of a training, research, or academic in- <br /> stitution if that person certifies that he will not release information <br /> identifying the employees whose files are opened and that the infor- <br /> mation will be used solely for statistical, research,, or teaching pur- <br /> poses. This certification shall be retained by the county as long as <br /> each personnel file so examined is retained. _ <br /> (d) The board of commissioners of a county that maintains per- <br /> sonnel files containing information other than the information ''''°T <br />a- <br /> <br />mentioned in subsection (b) of this section shall establish proce- . <br /> dures whereby an employee who objects to material in his file on i= <br /> grounds that it is inaccurate or misleading may seek to have the ~~ ~` <br />~'~ <br /> material removed from the file or may place in the file a statement = <br />~ <br />` <br /> relating to the material. ~ ~' <br />= <br /> (e) A public official or employee who knowingly, willfully, and ~ r,' <br /> with malice permits any person to have access to information con- ~`; <br /> tained in a personnel file, except as is permitted by this section, is ,~ ~ :~.. <br /> guilty of a misdemeanor and upon conviction shall be fined an <br /> amount not more than five hundred dollars ($500.00). <br /> (f) Any person, not specifically authorized by this section to have <br /> access to a personnel file designated as confidential, who shall <br /> knowingly and willfully examine in its official filing place, remove <br /> or copy any portion of a confidential personnel file shall be guilty of <br /> a misdemeanor and upon conviction shall be fined in the discretion _ ; <br /> of the court but not in excess of five hundred dollars ($500.00). ~' <br /> (1975, c. 701, s. 1; 1981, c. 926, ss. 1, 5-8.) <br />t <br /> 1:~ <br />