1002 Confidential Information

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All information contained in a County employee's file (defined broadly to consist of any information in any form gathered with respect to an employee), other than the information listed in Section 1001, EMPLOYEE RECORDS AND REPORTS, will be maintained as confidential in accordance with the requirements of G.S. 153A-98, and shall be open to public inspection only in the following instances;

 

The employee or his duly authorized agent may examine all portions of his employee file, except:  (1) letters of reference solicited prior to employment, and (2) information concerning a medical disability (mental or physical) or a mental disability, that a prudent physician would not divulge to the patient.

 

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

 

The supervisor of a County employee may examine all material in the employee's file.

 

By order of a court of competent jurisdiction, any person may examine all material in the employee's file covered by said order.

 

Information may be provided to assist in a criminal investigation by a governing body.  If the governing body, or the County Manager with the concurrence of the governing body, determines that the release of the information is essential to maintaining public confidence in the administration of services or the level and quality of public services, they may inform any person of any employee action and the reason for the action.  A written copy of the determination must be retained in the Office of the County Manager or Clerk to the Board of Commissioners for public inspection.

 

The official having custody of employee records may release the name, address, and telephone number from an employee file for the purpose of assisting in a criminal investigation or for tax investigative purposes.

 

The Board of County Commissioners may permit access, subject to limitations they may impose, to selected employee files by a professional representative of a training, research, or academic institution, if that person certifies that he will not release information identifying the employees whose files are opened and that the information will be used solely for statistical, research, or teaching purposes.  This certification shall be retained by the County as long as each employee file so examined is retained.

 

An employee may sign a written release, to be placed with his employee 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. 

 

Each individual requesting access to confidential information will be required to submit satisfactory proof of identity.  A record shall be made of each disclosure and placed in the employee's file (except of disclosure to the employee and the supervisor).

 

Revised 7/16/02