Adopted by the Mayor & Board of Aldermen, 10/7/98

Section 1       Personnel Records Maintenance

The Human Resource Manager shall be responsible for maintaining such personnel records as are necessary for the proper administration of the personnel system.  The following information shall be kept on each Town employee:

(1)  name;
(2)  age;
(3)  date of original employment;
(4)  current position title;
(5)  current salary;
(6)  date and amount of most recent change in salary;
(7)  date of most recent promotion, demotion, transfer, suspension, separation, or other change in position classification;
(8)  department and office to which the employee is currently assigned;

Additional information regarding pay, as described in Article V, Section 12 on Hours of Work and Overtime, shall also be maintained.

Section 2       Access to Personnel Records

As required by North Carolina General Statute 16OA- 168, any person may have access to the information listed in the above section for the purpose of inspection, examination, and copying, during the regular business hours, subject to such rules for the safekeeping of public records as the Board of Aldermen may adopt.  Employees requiring photo copies of their personnel file must make such a request in writing and pay the Town?s established printing costs. The Human Resources Department will comply to appropriate requests within seven (7) working days from receipt of the request.

Section 3       Confidential Information

All information contained in a Town employee?s personnel file, other than the information listed in Section 1 of this article will be maintained as confidential in accordance with the requirement of G.S. 160A-168 and shall be open to public inspection only in the following instances:
 
(a) The employee or his duly authorized agent may examine all portions of his personnel file except, (a) letters of reference solicited prior to employment, and (b) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to his patient.

A licensed physician designated in writing by the employee may examine the employee?s medical record.

(b) A Town employee having supervisory authority over the employee may access employee?s personnel file for information listed in Section 1, if job related; excludes medical and psychological records which are maintained under strict confidentiality separate from the personnel records.

(c)  By order of a court of competent jurisdiction, any person may examine all material in the employee?s personnel file.

(d)  An official of any agency of the state or federal government, or any political subdivision of the State, may inspect any portion of a personnel file when such information is deemed by the Town Manager to be necessary and essential to the pursuance of a proper function of the inspecting agency, but no information shall be divulged for the purpose of assisting in a criminal prosecution of the employee or for the purpose of assisting in an investigation of the employees tax liability.

(e) An employee may request a written release, to be placed with his personnel file that permits the person with custody of the file to provide, either in person, by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release.

(f) The Town Manager, with concurrence of the Board of Aldermen, may inform any person of the employment, or non-employment, promotion, demotion, suspension, or other disciplinary action, reinstatement, transfer, or termination of a Town employee and the reasons for that personnel action.  Before releasing the information, the Town Manager or Board of Aldermen shall determine in writing that the release is essential to maintaining public confidence in the administration of Town services or to maintain the level and quality of Town services.  This written determination shall be retained in the office of the Town Manager or the Town Clerk and is a record available for public inspection and shall become part of the employee?s personnel file.

(g) each individual requesting access to confidential information will be required to submit satisfactory proof of identity.

(i) A record shall be made of each disclosure and placed in the employee?s file (except disclosures to the employee and the supervisor).

Section 4       Records of Former Employees

The provisions for access to records apply to former employees as they apply to present employees.

Section 5       Remedies of Employees Objecting to Material in File

An employee who objects to material in his file may place in his file a statement relating to the material he considers to be inaccurate or misleading.  The employee may seek the removal of such material in accordance with established grievance procedures.

Section 6      Penalties for Permitting Access to Confidential Records

Section 160A - 168 of the General Statues provides that any public official or employee who knowingly and willfully permits any person to have access to any confidential information contained in an employee personnel file, except as expressly authorized by the designated custodian, is guilty of a misdemeanor and upon conviction shall be fined in an amount consistent with the General Statutes.

Section 7      Examining and/or Copying Confidential Material without Authorization

Section 160A - 168 of the General Statutes of North Carolina provides that any person, not specifically authorized to have access to a personnel file designated as confidential, who shall knowingly and willfully examine in its official filing place, remove or copy any portion of a confidential personnel file shall be guilty of a misdemeanor and upon conviction shall be fined consistent with the General Statutes.

Section 8       Destruction of Records Regulated

No public official may destroy, sell, loan, or otherwise dispose of any public record, except in accordance with G.S. 121-(5), without the consent of the North Carolina Department of Cultural Resources.