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f <br /> Full Text of Senate Bill 799-Discipline Disclosure Act. (Public) http:/twww.ncga.state.nc.us/.htmil997/bills/senate/sbi10799.full.html <br /> " (c) All information contained in an authority employee's 30 <br /> personnel file, other than the information made public by G.S. <br /> 232-2.5, —11—ac*'^^ (b)—nf t]si m is confidential and <br /> shall be open 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) An authority employee having supervisory <br /> authority over the employee may examine all material in the employee's <br /> personnel 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 chief administrative officer, with <br /> concurrence of the authority, may inform any person of the employment or <br /> nonemployment, promotion, demotion, suspension or other disciplinary <br /> action, reinstatement, transfer, or termination of an authority employee <br /> and the reasons for that personnel action. Before releasing the <br /> information, the chief administrative officer or authority shall determine <br /> in writing that the release is essential to maintaining public confidence <br /> in the administration of authority services or to maintaining the level <br /> and quality of authority services. This written determination shall be <br /> retained in the office of the chief administrative officer or the <br /> secretary of the authority, and is a record available for public <br /> inspection and shall become part of the employee's personnel file. " <br /> Section 13. This act becomes effective January 1, 1998. <br /> 8 of 8 05/15/97 09:08:34 <br />