Policy 6.21: Privacy of Employee Personnel Records

Based on G.S. 126.22, personnel files of State and Haywood Community College employees are not subject to inspection and examination as authorized by G.S. 132.6. A personnel file consists of any information gathered by HCC for employment of an individual with information relating to the individual's application, selection or non-selection, promotions, demotions, transfers, leave, salary, suspension, performance evaluation forms, disciplinary actions, and termination of employment.

Certain records are open to inspection: name, age, date of original employment, current position, title, current salary, date and amount of most recent increase or decrease in salary, date of change in position classification, and the office or station to which the employee is currently assigned. Other information contained in a personnel file is confidential and shall not be open for inspection and examination except to the following persons:

  1. The employee, applicant for employment, former employee, or his or her properly authorized agent, who may examine the employee's own personnel file in its entirety except for letters of reference solicited prior to employment, or information concerning a medical disability, mental or physical, that a prudent physician would not divulge to a patient. An employee's medical record may be disclosed to a licensed physician designated in writing by the employee;
  2. The supervisor of the employee;
  3. Members of the General Assembly who may inspect and examine personnel records under the authority of G.S. 120.19;
  4. A party by authority of a proper court order may inspect and examine a particular confidential portion of an employee's personnel file;
  5. An official of an agency of the Federal Government, State Government, or any political subdivision thereof. Such an official may inspect any personnel records when such inspection is deemed by the President's office as necessary and essential to the pursuance of a proper function of the institution; provided, however, that such information shall not be divulged for purposes of assisting in a criminal prosecution, nor for purposes of assisting in a tax investigation, and
  6. Personnel Office staff who are performing the routine duties of that office.

Memos, letters, or notes from supervisory personnel to an employee that deal with personnel matters should be included in an employee's personnel record when deemed appropriate. Situations that would be deemed appropriate include reprimand, demotion, promotion, or other supervisory directives that pertain to official College actions. Memorandums that contain official supervisory language may also need to be included in an employee's record even though specific remedial actions not recommended.

Other items pertaining to an employee's personnel file such as: remedies of employee objecting to material in file; penalties for permitting access to confidential file by unauthorized person and for examining, copying, etc. confidential file without authority may be found in a publication entitled "North Carolina Constitutional and Statutory Provisions with Respect to Higher Education" located in the President's office.

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