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Full Text of Senate Bill 799-Discipline Disclosure Act. (Public) hfp:/twww.ncga.state.nc.us/.htmi1997/bills/senate/sbiIO799.full.htmi
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<br /> (7) The county manager, with concurrence of the
<br /> board of county commissioners, or, in counties not having a manager, the
<br /> board of county commissioners may inform any person of the employment or
<br /> nonemployment, promotion, demotion, suspension or other disciplinary
<br /> action, reinstatement, transfer, or termination of a county employee and
<br /> the reasons for that personnel action. Before releasing the information,
<br /> the manager or board shall determine in writing that the release is
<br /> essential to maintaining public confidence in the administration of county
<br /> services or to maintaining the level and quality of county services. This
<br /> written determination shall be retained in the office of the manager or
<br /> the county clerk, is a record available for public inspection and shall
<br /> become part of the employee's personnel file. "
<br /> Section 11. G.S. 160A-168 (c) reads as rewritten:
<br /> " (c) All information contained in a city employee's personnel
<br /> file, other than the information made public by G.S. 132-1.5,
<br /> s.,hae,.r;n., (h) of this section, is confidential and shall be open
<br /> to inspection only in the following instances:
<br /> (1) The employee or his duly authorized agent may
<br /> examine all portions of his personnel file except (i) letters of reference
<br /> solicited prior to employment, and (ii) information concerning a medical
<br /> disability, mental or physical, that a prudent physician would not divulge
<br /> to his patient.
<br /> (2) A licensed physician designated in writing by
<br /> the employee may examine the employee's medical record.
<br /> (3) A city employee having supervisory authority
<br /> over the employee may examine all material in the employee's personnel
<br /> file.
<br /> (4) By order of a court of competent jurisdiction,
<br /> any person may examine such portion of an employee's personnel file as may
<br /> be ordered by the court.
<br /> (5) An official of an agency of the State or federal
<br /> government, or any political subdivision of the State, may inspect any
<br /> portion of a personnel file when such inspection is deemed by the official
<br /> having custody of such records to be inspected to be necessary and
<br /> essential to the pursuance of a proper function of the inspecting agency,
<br /> but no information shall be divulged for the purpose of assisting in a
<br /> criminal prosecution (of the employee) , or for the purpose of assisting in
<br /> an investigation of (the employee's) tax liability. However, the official
<br /> having custody of such records may release the name, address, and
<br /> telephone number from a personnel file for the purpose of assisting in a
<br /> criminal investigation.
<br /> (6) An employee may sign a written release, to be
<br /> placed with his personnel file, that permits the person with custody of
<br /> the file to provide, either in person, by telephone, or by mail,
<br /> information specified in the release to prospective employers, educational
<br /> institutions, or other persons specified in the release.
<br /> (7) The city manager, with concurrence of the
<br /> council, or, in cities not having a manager, the council may inform any
<br /> person of the employment or nonemployment, promotion, demotion, suspension
<br /> or other disciplinary action, reinstatement, transfer, or termination of a
<br /> city employee and the reasons for that personnel action. Before releasing
<br /> the information, the manager or council shall determine in writing that
<br /> the release is essential to maintaining public confidence in the
<br /> administration of city services or to maintaining the level and quality of
<br /> city services. This written determination shall be retained in the office
<br /> of the manager or the city clerk, and is a record available for public
<br /> inspection and shall become part of the employee's personnel file. "
<br /> Section 12. G.S. 162A-6.1(c) reads as rewritten:
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