25 NCAC 01C .0304. CONFIDENTIAL INFORMATION IN PERSONNEL FILES

(a)  Except as provided in G.S. 126-23 and G.S. 126-24, personnel files of State employees are not subject to inspection and examination.

(b)  Agencies shall maintain in personnel records only information that is relevant to accomplishing personnel administration purposes.

(c)  Information used in making a determination about employment or other personnel actions shall, to the extent practical, be obtained directly from the individual.  There may be instances where it is necessary to obtain information from other sources.  This may be obtained either directly from those sources or by the use of a consumer reporting agency.  If the consumer reporting agency is utilized, the requirements of the Fair Credit Reporting Act, Title VI of The Consumer Credit Protection Act (Public Law 91-508) must be followed.

(d)  All information in an employee's personnel file shall be open for inspection and examination as set forth in G.S. 126-24.  For this purpose, supervisor is any individual in the chain of administrative authority above a given state employee within a pertinent state agency.  An official is a person who has official or authorized duties or responsibilities in behalf of an agency; it does not imply a necessary level of duty or responsibility.  This right to access includes the circumstances where one state agency is considering for employment a person who is or has been employed in another state agency; the head of the latter agency may release to an official of another agency information relative to the employee's job performance.

(e)  Each individual requesting access to confidential information shall submit proof of identity.

(f)  A record shall be made of each disclosure except to the employee or the supervisor.

 

History Note:        Authority G.S. 126-24; 126-26; 126-29;

Eff. February 1, 1976;

Amended Eff. May 1, 2008; October 1, 2004, November 1, 1988; December 1, 1978; October 1, 1977.