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Y <br /> 1 <br /> ffi <br /> C <br /> r . <br /> 07'i 1i - <br /> -11 153A-98 ART. 5. ADMINISTRATION § 153A-98 <br /> lic inspection and shall become part of the employee's per- <br /> sonnel file. a x <br /> (c1) Even if considered part of an employee's personnel file, the p <br /> `' following information need not be disclosed to an employee nor to it v <br /> ,' any other person: a• ; <br /> (1) Testing or examination material used solely to determine - <br /> individual qualifications for appointment, employment, or <br /> promotion in the county's service, when disclosure would <br /> compromise the objectivity or the fairness of the testing or <br /> n0 examination process. <br /> (2) Investigative reports or memoranda and other information <br /> concerning the investigation of possible criminal actions of <br /> .; ' an employee, until the investigation is completed and no <br /> criminal action taken, or until the criminal action is con- , 2)1,.i,p. <br /> eluded. <br /> ,,. (3) Information that might identify an undercover law enforce- <br /> ment officer or a law enforcement informer. <br />-- ' '' (4) Notes, preliminary drafts and internal communications <br /> concerning an employee. In the event such materials are <br /> used for any official personnel decision, then the employee E <br /> or his duly authorized agent shall have a right to inspect <br /> such materials. ' <br /> (c2) The board of county commissioners may permit access, sub- <br /> if, ject to limitations they may impose, to selected personnel files by a <br /> L'' professional representative of a training, research, or academic in- it <br /> r :1 stitution if that person certifies that he will not release information ,;,,,i. <br /> identifying the employees whose files are opened and that the infor- ': <br /> motion will be used solely for statistical, research, or teaching pur- <br /> poses. This certification shall be retained by the county as long as <br /> each personnel file so examined is retained. ' <br /> (d) The board of commissioners of a county that maintains per- i, <br /> sonnel files containing information other than the information <br /> mentioned in subsection (b) of this section shall establish proce- <br /> dures whereby an employee who objects to material in his file on <br /> grounds that it is inaccurate or misleading may seek to have the <br /> material removed from the file or may place in the file a statement <br /> relating to the material. - <br /> (e) A public official or employee who knowingly, willfully, and ." ' <br /> with malice permits any person to have access to information con- : ' <br /> tamed in a personnel file, except as is permitted by this section, is ' i' <br /> guilty of a misdemeanor and upon conviction shall be fined an , <br /> amount not more than five hundred dollars ($500.00). <br /> (f) Any person,not specifically authorized by this section to have ,:T . N. <br /> access to a personnel file designated as confidential, who shall ''+'...Gx <br /> knowingly and willfully examine in its official filing place, remove <br /> or copy any portion of a confidential personnel file shall be guilty of i ' <br /> a misdemeanor and upon conviction shall be fined in the discretion <br /> of the court but not in excess of five hundred dollars ($500.00). i <br /> (1975, c. 701, s. 1; 1981, c. 926, ss. 1, 5-8.) . . '; <br /> w; , <br />