Agenda - 05-21-1997 - 5a - Laserfiche WebLink

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Full Text of Senate Bill 799-Discipline Disclosure Act. (Public) hftp://www.ncga.state.nc.usl.htmil997/bills/senate/sbi10'7°°',41.html 24 employee's personnel record a written summary of the serious disciplinary action imposed on the public employee, including the circumstances that led to the disciplinary action, the nature of the disciplinary action taken, and the effective dates of the disciplinary action. (d) Information identifying the public employee who provides information confidentially to persons investigating whether to bring a disciplinary action against another public employee is not a public record. (e) All records related to official commendations or awards bestowed upon public employees are public records; provided, however, that such records may be withheld from public inspection until the commendation or award has been received by or bestowed upon the public employee. (f) Once two serious disciplinary actions have been imposed on a public employee within a three-year period, all records of that public employee's performance, including evaluations or appraisals, are public records. (g) Subject only to rules and regulations for the safekeeping of the records, adopted by the appropriate oversight body, every person having custody of personnel records that are public records under this section shall permit them to be inspected and examined 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. (h) Any person employed by a public agency acting in good faith to comply with the disclosure requirements of this section is not subject to liability. (i) Any public employee may waive the confidentiality of the employee's personnel file by making a written request that the information in the file, or the records obtained as a result of an investigation of the employee, be made public. (j) For purposes of this section, -public employee' shall mean any employee, former employee, or applicant for employment by any department, agency, institution, commission, or bureau of the State of North Carolina, any employee of The University of North Carolina or its constituent institutions, any public hospital employee, or any employee of any county or municipality, local board of education, or area mental health authority. For the purposes of this section 'public employer' shall mean any governmental entity employing a public employee." Section 2. G.S. 115C-319, 115C-320, 115D-27, 115D-28, 122C-158 (a) , 122C-158(b) , 126-23, 153A-98(a) , 153A-98(b) , 160A-168(a) , 160A-168 (b) , 162A-6.1(a) and 162A-6.1(b) are repealed. Section 3. G.S. 115C-321 reads as rewritten: 115 115C-321. Confidential information in personnel files; access to information. All information contained in a personnel file, except as otherwise provided in G.S. 132-1.5 or in this Chapter, is confidential and shall not be open for inspection and examination except to the following persons: (1) The employee, applicant for employment, former employee, or his properly authorized agent, who may examine his own personnel file at all reasonable times in its entirety except for letters of reference solicited prior to employment; (2) The superintendent and other supervisory personnel; 2 of 8 05/15/97 09:08:34