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

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Full Text of Senate Bill 799- Discipline Disclosure Act. (Public) hfp:ltwww.ncga.state.nc.us/.htmi1997/bills/senate/sbiIO799.full.htmi 25 (3) Members of the local board of education and the board's attorney; (4) A party by authority of a subpoena or proper court order may inspect and examine a particular confidential portion of an employee's personnel file. Notwithstanding any other provision of this Chapter, any superintendent may, in his discretion, or shall at the direction of the Board of Education, 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 the local board of education or whose personnel file is maintained by the board and the reasons therefor and may allow the personnel file of the person or any portion to be inspected and examined by any person or corporation provided that the board has determined that the release of the information or the inspection and examination of the file or any portion is essential to maintaining the integrity of the board or to maintaining the level or quality of services provided by the board; provided, that prior to releasing the information or making the file or any portion available as provided herein, the superintendent shall prepare a memorandum setting forth the circumstances which he and the board deem to require the disclosure and the information to be disclosed. The memorandum shall be retained in the files of the superintendent and shall be a public record. " Section 4. G.S. 115C-325 (b) reads as rewritten: " (b) Personnel Files. -- The superintendent shall maintain in his office a personnel file for each teacher that contains any complaint, commendation, or suggestion for correction or improvement about the teacher's professional conduct, except that the superintendent may elect not to place in a teacher's file (i) a letter of complaint that contains invalid, irrelevant, outdated, or false information or (ii) a letter of complaint when there is no documentation of an attempt to resolve the issue. The complaint, commendation, or suggestion shall be signed by the person who makes it and shall be placed in the teacher's file only after five days' notice to the teacher. Any denial or explanation relating to such complaint, commendation, or suggestion that the teacher desires to make shall be placed in the file. Any teacher may petition the local board of education to remove any information from his personnel file that he deems invalid, irrelevant, or outdated. The board may order the superintendent to remove said information if it finds the information is invalid, irrelevant, or outdated. The personnel file shall be open for the teacher's inspection at all reasonable times but shall be open to other pe=scLs onl}r in ar+_prrlanr+o Tai th c—ch >: J es and�gy,l at i nns ac th° },^ar� ZC3Ll=tc 'Any ra'emp.1.Ltj=aaant dni-a nr nthor in,£n,rmatinn nht-mined =I-Ne-mt a tPan}acr hefnro hi c em,=l o;anent ,]37T tho hr+arri mal. he leept- in a fi l u cEapa�te £rnm lhi c =orcnnnol file anA rnocA ant maAo ava i 1 ahl o to hi m Mnriiat-a�nlze�ed in the—greempinJrment fi l o maIr be introduced aS c-tri ronnc at a ho=—ring nn the dismissal or dsmntinn n£ a toar•hor the public only as provided for in G.S. 132-1.5. " Section 5. G.S. 17C-7(c) reads as rewritten: " (c) Any papers, documents, or other records which become the property of the Commission that are placed in the criminal justice officer's personnel file maintained by the Commission shall be subject to the same disclosure requirements as set forth in Chapters 126, 1531 , And 190n of the General G.S. 132-1.5 regarding the privacy of personnel records. " Section 6. G.S. 74E-5 (b) reads as rewritten: " (b) Any papers, documents, or other records that become the property of the Company Police Program and are placed in a company police 3 of 8 05/15/97 09:08:34