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Release of Confidential Information Guidelines
Personnel files consist
of any information gathered by the agency which relates to the individual’s
application, selection or non-selection, promotion, demotion, transfer,
salary and leave, performance evaluation forms and suspension, disciplinary
actions and termination of employment.
The
following is public information:
Name
Age
Date of original employment or
appointment to state service
Current position and title
Current salary
Date and amount of most recent increase
or decrease in salary
Date of the most recent promotion,
demotion, transfer, suspension, separation, or other change in position
classification and
office or station to which employee is
currently assigned
All
other information in an employee’s file is confidential. Specifically:
Employment application
Selection or non-selection to a position
Promotion or transfer history
Leave balance or status
Salary history
Performance rating
Disciplinary action (warnings,
disciplinary suspensions, demotions, dismissals)
Termination of employment
- All requests for confidential
information should be directed to the division/facility/school Human
Resources Manager.
- Local Human Resources
Manager sends a request to Central Employee Relations.
- Central Employee Relations
prepares a letter for the DHHS Secretary to sign, giving the Local Human
Resources Manager permission to release the confidential information
that was requested.
- Once the letter is
signed by the DHHS Secretary, it is returned to Central Employee Relations.
- Central Employee Relations
forwards the signed letter to the Local Human Resources Manager.
- All information in an employee’s
personnel file may be released to
- The immediate
supervisor and those in the employee’s chain of command
- Members of the
General Assembly
- Anyone authorized
by a court order
- Anyone authorized
by the DHHS Secretary when the Secretary deems it in the best interest
of the Department.
- Confidential information may not be
released for purposes of assisting in a criminal prosecution or a tax investigation.
- Each individual requesting access to
confidential information is required to submit satisfactory proof of
identity.
- A record will be kept of each
disclosure.
- If the DHHS Secretary deems it in the
best interest of the Department and allows confidential information in a
personnel file to be released,
the Secretary must prepare a memorandum stating the circumstances
that require disclosure and the information that is to be
disclosed. A copy of the
memorandum will be sent to the employee and retained as a public record
in the Secretary’s files.
- The employee and his/her properly
authorized agent may view the personnel file in it’s entirety except
for:
- Letters of
reference solicited before employment and
- Information
concerning a medical disability, mental or physical, that a prudent
physician would not divulge to a patient. That information may be disclosed to
a licensed physician designated in writing by the employee.
- Any public official or employee who
permits access of confidential information in a personnel file to an
unauthorized person is guilty of a misdemeanor. If convicted the fine will not exceed
$500.00
- Any person not specifically
authorized to have access to confidential information in a personnel file
that examines, removes, or copies any of the confidential information is
guilty of a misdemeanor. If
convicted the fine will not exceed $500.00
DHHS Appendix C, Guidelines for Release of
Employee Information
http://info.dhhs.state.nc.us/olm/manuals/dhs/pol-50/man/Pol2_ER_AppendixC1.htm
State
Personnel Policy, Personnel Records, Section 3
http://www.osp.state.nc.us/manuals/2005/Personnel%20Records.pdf
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