1.32 Privacy of Employee Records Policy
The Human Resources Department will maintain personnel records for current and past employees. The Chief Human Resources Officer (CHRO) is the designated custodian of such records. The privacy of employee records is protected by North Carolina General Statutes 115D-27 through 115D-30.
A. Privacy of Employee Records
- All information in an employee's personnel file not otherwise required to be disclosed by these policies and/or law is confidential and is not made available for inspection except to the following persons:
- The supervisor of the employee, which includes any individual or board in the chain of administrative authority above the employee, and members of a hearing panel trying to resolve a grievance of the employee.
- Members of the General Assembly by the authority of North Carolina General Statute 120-19.
- A party by authority of a proper court order.
- An official of an agency of the federal, state, or local government when the Chief Human Resources Officer (or designee) determines that the record sought is necessary and essential to the pursuance of a proper function of the requesting agency. However, confidential information from an employee's personnel file shall not be released to a government official to assist in a criminal prosecution or in a tax investigation.
- The employee or a person designated in writing by the employee as his/her agent. However, an employee or his/her agent may not be given access to letters of reference solicited before employment or to information concerning a medical disability that the physician furnishing the information has indicated not be disclosed to the employee. An employee may designate, in writing, a licensed physician to whom the medical record can be disclosed.
- Any person needing specified information in an emergency if the employee has consented to emergency release of information.
- Any person requesting access to confidential information will be required to submit satisfactory proof of identity to the Chief Human Resources Officer (or designee). The College maintains in each employee's personnel file a record of disclosure of confidential information, except disclosures to the employee and to supervisors.
B. Information Available to the Public
- The following information about each employee is available to any person during regular business hours from the Chief Human Resources Officer (or designee):
- Date of original employment
- The terms of any employment contract by which the employee is employed
- Current position
- Current title
- Current salary
- Date and amount of each increase or decrease in salary
- Date of each promotion, demotion, transfer, suspension, reclassification, or separation
- Date and general description of the reasons for each promotion
- Date and type of each dismissal, suspension, or demotion for disciplinary reasons. If the disciplinary action was a dismissal, a copy of the termination notice
- The office or station to which the employee is currently assigned
- Any person seeking to examine public information shall direct a request to the Human Resources Department.
- The College maintains a record of disclosures of public information except for disclosure due to routine credit checks or processing of personnel records. The record of disclosure includes the name of the employee, the information disclosed, the date the information was requested, the name and address of the person to whom the information was disclosed, and the purpose for which the information was requested. Records of disclosures are kept for two years from date of disclosure and are discarded after that time. An employee may have access to the record of disclosure that pertains to him/her.
C. Employee Inspection of Records
Any employee may inspect the contents of his/her personnel file by making a request to the Human Resources Department. Such inspection must take place in the Human Resources Department, and documents may not be removed from the file temporarily or permanently without written permission from the Chief Human Resources Officer (or designee).
- The employee may examine the file in its entirety except for letters of reference solicited regarding employment and information concerning a medical disability that the physician furnishing the information has restricted from disclosure to the employee.
- If an employee objects to material in the file, the employee may seek to have the material removed by notifying the Human Resources Department in writing. An employee may also place in the file a statement about the material the employee considers to be inaccurate or misleading.
Changes approved by the Board of Trustees on May 6, 2020
Changes approved by Cabinet on September 13, 2010