(a) Notwithstanding theprovisions of G.S. 132‑6 or any other general law or local act concerningaccess to public records, personnel files of employees, former employees, orapplicants for employment maintained by a city are subject to inspection andmay be disclosed only as provided by this section. For purposes of thissection, an employee's personnel file consists of any information in any formgathered by the city with respect to that employee and, by way of illustrationbut not limitation, relating to his application, selection or nonselection,performance, promotions, demotions, transfers, suspension and otherdisciplinary actions, evaluation forms, leave, salary, and termination ofemployment. As used in this section, "employee" includes formeremployees of the city.
(b) The followinginformation with respect to each city employee is a matter of public record:name; age; date of original employment or appointment to the service; the termsof any contract by which the employee is employed whether written or oral, pastand current, to the extent that the city has the written contract or a recordof the oral contract in its possession; current position title; current salary;date and amount of the most recent increase or decrease in salary; date of themost recent promotion, demotion, transfer, suspension, separation, or otherchange in position classification; and the office to which the employee iscurrently assigned. For the purposes of this subsection, the term"salary" includes pay, benefits, incentives, bonuses, and deferredand all other forms of compensation paid by the employing entity. The citycouncil shall determine in what form and by whom this information will bemaintained. Any person may have access to this information for the purpose ofinspection, examination, and copying, during regular business hours, subjectonly to such rules and regulations for the safekeeping of public records as thecity council may have adopted. Any person denied access to this information mayapply to the appropriate division of the General Court of Justice for an ordercompelling disclosure, and the court shall have jurisdiction to issue suchorders.
(c) All informationcontained in a city employee's personnel file, other than the information madepublic by subsection (b) of this section, is confidential and shall be open toinspection only in the following instances:
(1) The employee or hisduly authorized agent may examine all portions of his personnel file except (i)letters of reference solicited prior to employment, and (ii) informationconcerning a medical disability, mental or physical, that a prudent physicianwould not divulge to his patient.
(2) A licensed physiciandesignated in writing by the employee may examine the employee's medicalrecord.
(3) A city employeehaving supervisory authority over the employee may examine all material in theemployee's personnel file.
(4) By order of a courtof competent jurisdiction, any person may examine such portion of an employee'spersonnel file as may be ordered by the court.
(5) An official of anagency of the State or federal government, or any political subdivision of theState, may inspect any portion of a personnel file when such inspection isdeemed by the official having custody of such records to be inspected to benecessary and essential to the pursuance of a proper function of the inspectingagency, but no information shall be divulged for the purpose of assisting in acriminal prosecution (of the employee), or for the purpose of assisting in aninvestigation of (the employee's) tax liability. However, the official havingcustody of such records may release the name, address, and telephone numberfrom a personnel file for the purpose of assisting in a criminal investigation.
(6) An employee may signa written release, to be placed with his personnel file, that permits theperson with custody of the file to provide, either in person, by telephone, orby mail, information specified in the release to prospective employers,educational institutions, or other persons specified in the release.
(7) The city manager,with concurrence of the council, or, in cities not having a manager, thecouncil may inform any person of the employment or nonemployment, promotion,demotion, suspension or other disciplinary action, reinstatement, transfer, ortermination of a city employee and the reasons for that personnel action.Before releasing the information, the manager or council shall determine inwriting that the release is essential to maintaining public confidence in theadministration of city services or to maintaining the level and quality of cityservices. This written determination shall be retained in the office of themanager or the city clerk, and is a record available for public inspection andshall become part of the employee's personnel file.
(c1) Even if consideredpart of an employee's personnel file, the following information need not bedisclosed to an employee nor to any other person:
(1) Testing orexamination material used solely to determine individual qualifications forappointment, employment, or promotion in the city's service, when disclosurewould compromise the objectivity or the fairness of the testing or examinationprocess.
(2) Investigativereports or memoranda and other information concerning the investigation ofpossible criminal actions of an employee, until the investigation is completedand no criminal action taken, or until the criminal action is concluded.
(3) Information thatmight identify an undercover law enforcement officer or a law enforcementinformer.
(4) Notes, preliminarydrafts and internal communications concerning an employee. In the event suchmaterials are used for any official personnel decision, then the employee orhis duly authorized agent shall have a right to inspect such materials.
(c2) The city council maypermit access, subject to limitations they may impose, to selected personnelfiles by a professional representative of a training, research, or academicinstitution if that person certifies that he will not release informationidentifying the employees whose files are opened and that the information willbe used solely for statistical, research, or teaching purposes. Thiscertification shall be retained by the city as long as each personnel fileexamined is retained.
(c3) 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 local governmental employees to domiciled, nonprofit organizationsrepresenting 2,000 or more active or retired State government, localgovernment, or public school employees.
(d) The city council ofa city that maintains personnel files containing information other than the informationmentioned in subsection (b) of this section shall establish procedures wherebyan employee who objects to material in his file on grounds that it isinaccurate or misleading may seek to have the material removed from the file ormay place in the file a statement relating to the material.
(e) A public officialor employee who knowingly, willfully, and with malice permits any person tohave access to information contained in a personnel file, except as ispermitted by this section, is guilty of a Class 3 misdemeanor and uponconviction shall only be fined an amount not more than five hundred dollars($500.00).
(f) Any person, notspecifically authorized by this section to have access to a personnel filedesignated as confidential, who shall knowingly and willfully examine in itsofficial filing place, remove or copy any portion of a confidential personnelfile shall be guilty of a Class 3 misdemeanor and upon conviction shall only befined in the discretion of the court but not in excess of five hundred dollars($500.00). (1975,c. 701, s. 2; 1981, c. 926, ss. 1‑4; 1993, c. 539, ss. 1084, 1085; 1994,Ex. Sess., c. 24, s. 14(c); 2007‑508, s. 7; 2008‑194, s. 11(e).)
(a) Notwithstanding theprovisions of G.S. 132‑6 or any other general law or local act concerningaccess to public records, personnel files of employees, former employees, orapplicants for employment maintained by a city are subject to inspection andmay be disclosed only as provided by this section. For purposes of thissection, an employee's personnel file consists of any information in any formgathered by the city with respect to that employee and, by way of illustrationbut not limitation, relating to his application, selection or nonselection,performance, promotions, demotions, transfers, suspension and otherdisciplinary actions, evaluation forms, leave, salary, and termination ofemployment. As used in this section, "employee" includes formeremployees of the city.
(b) The followinginformation with respect to each city employee is a matter of public record:name; age; date of original employment or appointment to the service; the termsof any contract by which the employee is employed whether written or oral, pastand current, to the extent that the city has the written contract or a recordof the oral contract in its possession; current position title; current salary;date and amount of the most recent increase or decrease in salary; date of themost recent promotion, demotion, transfer, suspension, separation, or otherchange in position classification; and the office to which the employee iscurrently assigned. For the purposes of this subsection, the term"salary" includes pay, benefits, incentives, bonuses, and deferredand all other forms of compensation paid by the employing entity. The citycouncil shall determine in what form and by whom this information will bemaintained. Any person may have access to this information for the purpose ofinspection, examination, and copying, during regular business hours, subjectonly to such rules and regulations for the safekeeping of public records as thecity council may have adopted. Any person denied access to this information mayapply to the appropriate division of the General Court of Justice for an ordercompelling disclosure, and the court shall have jurisdiction to issue suchorders.
(c) All informationcontained in a city employee's personnel file, other than the information madepublic by subsection (b) of this section, is confidential and shall be open toinspection only in the following instances:
(1) The employee or hisduly authorized agent may examine all portions of his personnel file except (i)letters of reference solicited prior to employment, and (ii) informationconcerning a medical disability, mental or physical, that a prudent physicianwould not divulge to his patient.
(2) A licensed physiciandesignated in writing by the employee may examine the employee's medicalrecord.
(3) A city employeehaving supervisory authority over the employee may examine all material in theemployee's personnel file.
(4) By order of a courtof competent jurisdiction, any person may examine such portion of an employee'spersonnel file as may be ordered by the court.
(5) An official of anagency of the State or federal government, or any political subdivision of theState, may inspect any portion of a personnel file when such inspection isdeemed by the official having custody of such records to be inspected to benecessary and essential to the pursuance of a proper function of the inspectingagency, but no information shall be divulged for the purpose of assisting in acriminal prosecution (of the employee), or for the purpose of assisting in aninvestigation of (the employee's) tax liability. However, the official havingcustody of such records may release the name, address, and telephone numberfrom a personnel file for the purpose of assisting in a criminal investigation.
(6) An employee may signa written release, to be placed with his personnel file, that permits theperson with custody of the file to provide, either in person, by telephone, orby mail, information specified in the release to prospective employers,educational institutions, or other persons specified in the release.
(7) The city manager,with concurrence of the council, or, in cities not having a manager, thecouncil may inform any person of the employment or nonemployment, promotion,demotion, suspension or other disciplinary action, reinstatement, transfer, ortermination of a city employee and the reasons for that personnel action.Before releasing the information, the manager or council shall determine inwriting that the release is essential to maintaining public confidence in theadministration of city services or to maintaining the level and quality of cityservices. This written determination shall be retained in the office of themanager or the city clerk, and is a record available for public inspection andshall become part of the employee's personnel file.
(c1) Even if consideredpart of an employee's personnel file, the following information need not bedisclosed to an employee nor to any other person:
(1) Testing orexamination material used solely to determine individual qualifications forappointment, employment, or promotion in the city's service, when disclosurewould compromise the objectivity or the fairness of the testing or examinationprocess.
(2) Investigativereports or memoranda and other information concerning the investigation ofpossible criminal actions of an employee, until the investigation is completedand no criminal action taken, or until the criminal action is concluded.
(3) Information thatmight identify an undercover law enforcement officer or a law enforcementinformer.
(4) Notes, preliminarydrafts and internal communications concerning an employee. In the event suchmaterials are used for any official personnel decision, then the employee orhis duly authorized agent shall have a right to inspect such materials.
(c2) The city council maypermit access, subject to limitations they may impose, to selected personnelfiles by a professional representative of a training, research, or academicinstitution if that person certifies that he will not release informationidentifying the employees whose files are opened and that the information willbe used solely for statistical, research, or teaching purposes. Thiscertification shall be retained by the city as long as each personnel fileexamined is retained.
(c3) 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 local governmental employees to domiciled, nonprofit organizationsrepresenting 2,000 or more active or retired State government, localgovernment, or public school employees.
(d) The city council ofa city that maintains personnel files containing information other than the informationmentioned in subsection (b) of this section shall establish procedures wherebyan employee who objects to material in his file on grounds that it isinaccurate or misleading may seek to have the material removed from the file ormay place in the file a statement relating to the material.
(e) A public officialor employee who knowingly, willfully, and with malice permits any person tohave access to information contained in a personnel file, except as ispermitted by this section, is guilty of a Class 3 misdemeanor and uponconviction shall only be fined an amount not more than five hundred dollars($500.00).
(f) Any person, notspecifically authorized by this section to have access to a personnel filedesignated as confidential, who shall knowingly and willfully examine in itsofficial filing place, remove or copy any portion of a confidential personnelfile shall be guilty of a Class 3 misdemeanor and upon conviction shall only befined in the discretion of the court but not in excess of five hundred dollars($500.00). (1975,c. 701, s. 2; 1981, c. 926, ss. 1‑4; 1993, c. 539, ss. 1084, 1085; 1994,Ex. Sess., c. 24, s. 14(c); 2007‑508, s. 7; 2008‑194, s. 11(e).)
(a) Notwithstanding theprovisions of G.S. 132‑6 or any other general law or local act concerningaccess to public records, personnel files of employees, former employees, orapplicants for employment maintained by a city are subject to inspection andmay be disclosed only as provided by this section. For purposes of thissection, an employee's personnel file consists of any information in any formgathered by the city with respect to that employee and, by way of illustrationbut not limitation, relating to his application, selection or nonselection,performance, promotions, demotions, transfers, suspension and otherdisciplinary actions, evaluation forms, leave, salary, and termination ofemployment. As used in this section, "employee" includes formeremployees of the city.
(b) The followinginformation with respect to each city employee is a matter of public record:name; age; date of original employment or appointment to the service; the termsof any contract by which the employee is employed whether written or oral, pastand current, to the extent that the city has the written contract or a recordof the oral contract in its possession; current position title; current salary;date and amount of the most recent increase or decrease in salary; date of themost recent promotion, demotion, transfer, suspension, separation, or otherchange in position classification; and the office to which the employee iscurrently assigned. For the purposes of this subsection, the term"salary" includes pay, benefits, incentives, bonuses, and deferredand all other forms of compensation paid by the employing entity. The citycouncil shall determine in what form and by whom this information will bemaintained. Any person may have access to this information for the purpose ofinspection, examination, and copying, during regular business hours, subjectonly to such rules and regulations for the safekeeping of public records as thecity council may have adopted. Any person denied access to this information mayapply to the appropriate division of the General Court of Justice for an ordercompelling disclosure, and the court shall have jurisdiction to issue suchorders.
(c) All informationcontained in a city employee's personnel file, other than the information madepublic by subsection (b) of this section, is confidential and shall be open toinspection only in the following instances:
(1) The employee or hisduly authorized agent may examine all portions of his personnel file except (i)letters of reference solicited prior to employment, and (ii) informationconcerning a medical disability, mental or physical, that a prudent physicianwould not divulge to his patient.
(2) A licensed physiciandesignated in writing by the employee may examine the employee's medicalrecord.
(3) A city employeehaving supervisory authority over the employee may examine all material in theemployee's personnel file.
(4) By order of a courtof competent jurisdiction, any person may examine such portion of an employee'spersonnel file as may be ordered by the court.
(5) An official of anagency of the State or federal government, or any political subdivision of theState, may inspect any portion of a personnel file when such inspection isdeemed by the official having custody of such records to be inspected to benecessary and essential to the pursuance of a proper function of the inspectingagency, but no information shall be divulged for the purpose of assisting in acriminal prosecution (of the employee), or for the purpose of assisting in aninvestigation of (the employee's) tax liability. However, the official havingcustody of such records may release the name, address, and telephone numberfrom a personnel file for the purpose of assisting in a criminal investigation.
(6) An employee may signa written release, to be placed with his personnel file, that permits theperson with custody of the file to provide, either in person, by telephone, orby mail, information specified in the release to prospective employers,educational institutions, or other persons specified in the release.
(7) The city manager,with concurrence of the council, or, in cities not having a manager, thecouncil may inform any person of the employment or nonemployment, promotion,demotion, suspension or other disciplinary action, reinstatement, transfer, ortermination of a city employee and the reasons for that personnel action.Before releasing the information, the manager or council shall determine inwriting that the release is essential to maintaining public confidence in theadministration of city services or to maintaining the level and quality of cityservices. This written determination shall be retained in the office of themanager or the city clerk, and is a record available for public inspection andshall become part of the employee's personnel file.
(c1) Even if consideredpart of an employee's personnel file, the following information need not bedisclosed to an employee nor to any other person:
(1) Testing orexamination material used solely to determine individual qualifications forappointment, employment, or promotion in the city's service, when disclosurewould compromise the objectivity or the fairness of the testing or examinationprocess.
(2) Investigativereports or memoranda and other information concerning the investigation ofpossible criminal actions of an employee, until the investigation is completedand no criminal action taken, or until the criminal action is concluded.
(3) Information thatmight identify an undercover law enforcement officer or a law enforcementinformer.
(4) Notes, preliminarydrafts and internal communications concerning an employee. In the event suchmaterials are used for any official personnel decision, then the employee orhis duly authorized agent shall have a right to inspect such materials.
(c2) The city council maypermit access, subject to limitations they may impose, to selected personnelfiles by a professional representative of a training, research, or academicinstitution if that person certifies that he will not release informationidentifying the employees whose files are opened and that the information willbe used solely for statistical, research, or teaching purposes. Thiscertification shall be retained by the city as long as each personnel fileexamined is retained.
(c3) 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 local governmental employees to domiciled, nonprofit organizationsrepresenting 2,000 or more active or retired State government, localgovernment, or public school employees.
(d) The city council ofa city that maintains personnel files containing information other than the informationmentioned in subsection (b) of this section shall establish procedures wherebyan employee who objects to material in his file on grounds that it isinaccurate or misleading may seek to have the material removed from the file ormay place in the file a statement relating to the material.
(e) A public officialor employee who knowingly, willfully, and with malice permits any person tohave access to information contained in a personnel file, except as ispermitted by this section, is guilty of a Class 3 misdemeanor and uponconviction shall only be fined an amount not more than five hundred dollars($500.00).
(f) Any person, notspecifically authorized by this section to have access to a personnel filedesignated as confidential, who shall knowingly and willfully examine in itsofficial filing place, remove or copy any portion of a confidential personnelfile shall be guilty of a Class 3 misdemeanor and upon conviction shall only befined in the discretion of the court but not in excess of five hundred dollars($500.00). (1975,c. 701, s. 2; 1981, c. 926, ss. 1‑4; 1993, c. 539, ss. 1084, 1085; 1994,Ex. Sess., c. 24, s. 14(c); 2007‑508, s. 7; 2008‑194, s. 11(e).)
