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

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Full Text of Senate Bill 799-Discipline Disclosure Act. (Public) http://www.ncga.state.nc.us/.htmil997/bills/senate/sbi10799.full.html 27 (2) A licensed physician designated in writing by the employee may examine the employee's medical record. (3) An area authority employee having supervisory authority over the employee may examine all material in the employee's personnel file. (4) By order of a court of competent jurisdiction, any person may examine the part of an employee's personnel file that is ordered by the court. (5) An official of an agency of the State or federal government, or any political subdivision of the State, may inspect any part of a personnel file pursuant to G.S. 122C- 25 (b) or G.S. 122C- 192 (a) or when the inspection is considered by the official having custody of the records to be inspected to be necessary and essential to the pursuance of a proper function of the inspecting agency. No information may be divulged for the purpose of assisting in a criminal prosecution of the employee or for the purpose of assisting in an investigation of the employee's tax liability. However, the official having custody of the records may release the name, address, and telephone number from a personnel file for the purpose of assisting in a criminal investigation. (6) An employee may sign a written release, to be placed with the employee's 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. (7) The area authority may tell any person of the employment or nonemployment, promotion, demotion, suspension, or other disciplinary action, reinstatement, transfer, or termination of an employee and the reasons for that personnel action. Before releasing the information, the area authority shall determine in writing that the release is essential to maintaining public confidence in the administration of services or to maintaining the level and quality of services. This written determination shall be retained as a record for public inspection and shall become part of the employee's personnel file. " Section 9. G.S. 126-24 reads as rewritten: 115 126- 24. Confidential information in personnel files; access to such information. All other information contained in a personnel films file, except as provided in G.S. 132-1.5, 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 in its entirety except for (i) letters of reference solicited prior to employment, or (ii) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to a patient. An employee's medical record may be disclosed to a licensed physician designated in writing by the employee; (2) The supervisor of the employee; (3) Members of the General Assembly who may inspect and examine personnel records under the authority of G.S. 120- 19; (4) A party by authority of a proper court order may inspect and examine a particular confidential portion of a State employee's personnel file; and (5) An official of an agency of the federal government, State government or any political subdivision thereof. Such an official may inspect any personnel records when such inspection is deemed 5 of 8 05/15/97 09:08:34