State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_126 > GS_126-22

Article 7.

The Privacy of StateEmployee Personnel Records.

§ 126‑22.  Personnelfiles not subject to inspection under § 132‑6.

(a)        Except as providedin G.S. 126‑23 and G.S. 126‑24,  personnel files of State employeesshall not be subject to inspection and examination as authorized by G.S. 132‑6.

(b)        For purposes ofthis Article the following definitions apply:

(1)        "Employee"means any current State employee, former State employee, or applicant for Stateemployment.

(2)        "Employer"means any State department, university, division, bureau, commission, council,or other agency subject to Article 7 of this Chapter.

(3)        "Personnelfile" means any employment‑related or personal information gatheredby an employer, the Retirement Systems Division of the Department of StateTreasurer, or by the Office of State Personnel. Employment‑relatedinformation contained in a personnel file includes information related to anindividual's application, selection, promotion, demotion, transfer, leave,salary, contract for employment, benefits, suspension, performance evaluation,disciplinary actions, and termination. Personal information contained in apersonnel file includes an individual's home address, social security number,medical history, personal financial data, marital status, dependents, andbeneficiaries.

(4)        "Record"means the personnel information that each employer is required to maintain inaccordance with G.S. 126‑23.

(c)        Personnel files offormer State employees who have been separated from State employment for 10 ormore years may be open to inspection and examination except for papers anddocuments relating to demotions and to disciplinary actions resulting in thedismissal of the employee and personnel files maintained by the RetirementSystems Division of the Department of State Treasurer.

(d)        Notwithstanding anyprovision of this section to the contrary, the Retirement Systems Division ofthe Department of State Treasurer may disclose the name and mailing address offormer State employees to domiciled, nonprofit organizations representing10,000 or more retired State government, local government, or public schoolemployees.  (1975,c. 257, s. 1; 1977, c. 866, s. 9; 2007‑508, s. 4.5; 2008‑194, s.11(a).)