47 N.C.A.G. 164.

• Case Date: January 24, 1978
• Court: North Carolina

North Carolina Attorney General Opinions 1978. 47 N.C.A.G. 164. January 24, 1978Opinion No. 47 N.C.A.G. 16447 N.C.A.G. 146Subject: Privacy of State Employees' Personnel Records; Release of Information to the News Media after Hearing; Open Grievance Hearings.Requested by: J. Phil Carlton Secretary Department of Crime Control and Public SafetyQuestion: 1. If disciplinary action is taken against an employee, the employee appeals the disciplinary action, and a department level hearing is held, may the department release to the news media information disclosed at this departmental hearing? 2. If disciplinary action is taken against an employee, the employee then appeals the disciplinary action to the State Personnel Commission and a hearing is held, may the department release to the news media information disclosed at the hearing? 3. After a departmental hearing does the nature of the disciplinary action taken become public information which may be released to the news media? 4. After a Personnel Commission hearing, does the nature of the disciplinary action taken become public information which may be released to the news media? 5. May the news media be told why an employee has been dismissed? Conclusion: 1. No. 2. Yes. 3. No, unless the nature of the discipline taken is the most recent demotion, suspension, separation or other change in position or classification or such action becomes part of the public record of a hearing. 4. No, unless the nature of the discipline taken is the most recent demotion, suspension, separation or other change in position or classification or such action becomes part of the public record of a hearing. 5. No, unless an employee appeals to a public hearing and the reason why the employee is dismissed is contained in the public record. Chapter 866 of the 1977 Session Laws amended the State Personnel Act, Chapter 126 of the General Statutes. G.S. 126-22, as amended, provides that personnel files of State employees, former State employees, or applicants for State employment shall not be subject to inspection and examination as authorized by G.S. 132-6. A personnel file consists of "... any information gathered by the Department... which... relates to the individual's application, selection or non-selection, promotions, demotions, transfers, leave, salary, suspension, performance evaluation forms, disciplinary actions, and determination of employment whatever located and in whatever form" (Emphasis added) G.S. 126-22. The General Assembly also provided criminal penalties for any public official or employee who "knowingly and willfully" permits any person to have access to confidential information contained in a personnel file, G.S. 126-27, and penalties for any person who "knowingly and willfully" examines a confidential file, G.S. 126-28. Inspection and examination of this confidential information is allowed for certain persons. The employee, applicant for employment, former employee or his properly authorized agent may examine the confidential information, except for letters of reference or medical information that a prudent physician would not divulge to a patient. The supervisor of the employee, members of the General Assembly, a party authorized by a court order, an official of an agency of the Federal government, State government or any local subdivision thereof, when the head of the Department deems such inspection necessary and essential to the proper function of said agency, may have access to the confidential personnel file. G.S. 126-24. Also, a party to a quasi judicial hearing of a State agency or a State agency which is conducting a quasi judicial hearing, may have access to "relevant material" in personnel files and may introduce copies of such material or information based on such material as evidence in a hearing either upon consent of the employee or upon subpoena properly issued by the agency. G.S. 126-29; c.f. 150A-27. In addition, a public record must be maintained on each employee by each...