The College Human Resources Office shall maintain a personnel file for all College employees. Personnel files will include all information which relates to the individual’s application for employment, selection or non-selection, compensation, promotion, demotion, transfer, leave, suspension, performance evaluation, disciplinary action or termination of employment. The College shall establish procedures that comply with N.C. Gen. Stat. §115D-27 through 30 and N.C. Gen. Stat. §126 in determining information that is open to public inspection and information which is considered confidential and not subject to public inspection.
In addition to personnel files, the College Human Resources Office will maintain files on individuals who make application for employment to the College. These files shall be maintained in accordance with timeframes established by State Archives.
Individuals who object to material in their file may place a statement in their file relating to the information they consider to be inaccurate or misleading. The individual may also request the removal of objectionable information through the College’s established grievance procedures.
Definition of Terms:
- Employee is identified as any current or former employee of the College who served under a written contract or letter of appointment.
- Applicant is identified as any individual who makes application to the College in response to a specific job advertisement as posted via the College website using the approved HR application process.
All original employment records will be housed in the College Human Resources office.
As provided in Article 2A of N.C. Gen. Stat. §115D-28, the Human Resources Director shall allow any person making a request during normal business hours to inspect and receive copies of the following public records contained in an employee’s personnel file:
- Name
- Age
- Date of original employment or appointment
- The terms of any contract by which the employee is employed, whether written or oral, past or current.
- Current position
- Job title
- Current salary
- Date and amount of each increase or decrease in salary at the College
- Date and type of each promotion, demotion, transfer, suspension, separation, or other change in position classification at the College.
- Date and general description of the reasons for each promotion at the College
- Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the College. If the action was a dismissal, a copy of the written notice of the final decision of the board of trustees setting forth the specific acts or omissions that are the basis of the dismissal.
- The employee’s assigned office and/or location.
All other information in an employee’s personnel file is considered confidential and shall not be opened for inspection except in the following circumstances as provided N.C. Gen. Stat. §115- 29:
- The employee, applicant for employment, former employee or a properly authorized representative of the individual may request to examine their own file at all reasonable times in its entirety except for letters of reference solicited prior to employment;
- The President and other supervisory personnel as well as members of the board of trustees and the board’s attorney may request to view confidential information in a file;
- An individual with a subpoena or proper court order may inspect the relevant confidential portion of a file;
- Officials of an agency of the federal, state or local government or any political subdivision thereof when the College determines the records are necessary and essential to the pursuance of the requesting agency’s proper function not related to assisting in a criminal prosecution or for purposes of assisting in a tax investigation; and
- When the College President deems that the release of confidential information is essential to maintaining the integrity of the College or to maintaining the level or quality of services provided by the College. Prior to releasing confidential information deemed necessary, the President shall prepare a memorandum outlining the circumstances which the President deems to require such disclosure and the specific information to be disclosed. The memorandum shall be retained in the President’s files and shall be a public record.
Employees, past or present, or applicants for employment who object to information in their file may place a written statement relating to the material considered to be inaccurate or misleading. Additionally, they may seek the removal of such material, except for performance appraisals or written disciplinary actions in accordance with the College’s grievance procedures. If the College determines that the objectionable material is inaccurate or misleading it shall be removed or amended to ensure that the file is accurate.
Records Retention College personnel records will be retained as complies with State Archive standards:
- Personnel files for permanent employees of the College are maintained for 30 years postseparation of employment.
- Personnel files for temporary employees of the College are maintained for 5 years postseparation of employment.
- Applicant files are maintained for 2 years from the date of the application.
Rev. 2/3/23