§ 115D-29. Confidential information in personnel files; access to information. - North Carolina Statutes

§ 115D‑29.  Confidentialinformation in personnel files; access to information.

(a)        All informationcontained in a personnel file, except as otherwise provided in this Article, isconfidential and shall not be open for inspection and examination except to thefollowing persons:

(1)        The employee,applicant for employment, former employee, or his properly authorized agent,who may examine his own personnel file at all reasonable times in its entiretyexcept for letters of reference solicited prior to employment;

(2)        The president andother supervisory personnel;

(3)        Members of the boardof trustees and the board's attorney;

(4)        A party by authorityof a subpoena or proper court order may inspect and examine a particularconfidential portion of an employee's personnel file; and

(5)        An official of anagency of the federal government, State government or any political subdivisionthereof. Such an official may inspect any personnel records when such [an]inspection is deemed by the college of the employee, applicant, or formeremployee whose record is to be inspected as necessary and essential to thepursuance of a proper function of said agency; provided, however, that suchinformation shall not be divulged for purposes of assisting in a criminalprosecution, nor for purposes of assisting in a tax investigation.

(b)        Notwithstanding anyother provision of this Article, any president may, in his discretion, or shallat the direction of the board of trustees, inform any person or corporation ofany promotion, demotion, suspension, reinstatement, transfer, separation,dismissal, employment or nonemployment of any applicant, employee or formeremployee employed by or assigned to the board of trustees or whose personnelfile is maintained by the board and the reasons therefor and may allow thepersonnel file of the person or any portion to be inspected and examined by anyperson or corporation provided that the board has determined that the releaseof the information or the inspection and examination of the file or any portionis essential to maintaining the integrity of the board or to maintaining thelevel or quality of services provided by the board; provided, that prior toreleasing the information or making the file or any portion available asprovided herein, the president shall prepare a memorandum setting forth thecircumstances which he and the board deem to require the disclosure and theinformation to be disclosed. The memorandum shall be retained in the files ofthe president and shall be a public record.

(c)        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 community college employees to domiciled, nonprofit organizationsrepresenting 2,000 or more active or retired State government, localgovernment, or public school employees.  (1991, c. 84, s. 3; 2008‑194, s. 11(c).)