(a) Except as provided in N.C. Gen. Stat. § 126-23 and N.C. Gen. Stat. § 126-24, personnel files of State employees shall not be subject to inspection and examination as authorized by N.C. Gen. Stat. § 132-6

(b) For purposes of this Article the following definitions apply:

(1) “Employee” means any current State employee, former State employee, or applicant for State employment.

Terms Used In North Carolina General Statutes 126-22

  • Contract: A legal written agreement that becomes binding when signed.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3

(2) “Employer” means any State department, university, division, bureau, commission, council, or other agency subject to Article 7 of this Chapter.

(3) “Personnel file” means any employment-related or personal information gathered by an employer or by the Office of State Human Resources. Employment-related information contained in a personnel file includes information related to an individual’s application, selection, promotion, demotion, transfer, leave, salary, contract for employment, benefits, suspension, performance evaluation, disciplinary actions, and termination. Personal information contained in a personnel file includes an individual’s home address, social security number, medical history, personal financial data, marital status, dependents, and beneficiaries.

(4) “Record” means the personnel information that each employer is required to maintain in accordance with N.C. Gen. Stat. § 126-23

(c) Personnel files of former State employees who have been separated from State employment for 10 or more years may be open to inspection and examination except for papers and documents relating to demotions and to disciplinary actions resulting in the dismissal of the employee. Retirement files maintained by the Retirement Systems Division of the Department of State Treasurer shall be made public pursuant to N.C. Gen. Stat. § 128-33.1 and N.C. Gen. Stat. § 135-6.1

(d) Repealed by Session Laws 2016-108, s. 2(d), effective July 22, 2016. (1975, c. 257, s. 1; 1977, c. 866, s. 9; 2007-508, s. 4.5; 2008-194, s. 11(a); 2013-382, s. 9.1(c); 2016-108, s. 2(d).)

  Previous section
Next section  
 Article 7 Contents