Senate committee substitute amends the 2nd edition as follows.
Further modifies GS 126-23, which provides directives for State personnel recordkeeping by each department, agency, institution, commission and bureau of the State. Adds a provision specifying that the statute should not be construed to authorize the disclosure of any confidential information protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Americans with Disabilities Act of 1990 (ADA), or other applicable law. Provides that if the reason for an employee's promotion, demotion, dismissal, transfer, suspension, separation, or other change in position classification is prohibited from disclosure by an applicable law, the general description to be provided must be listed as "description of action prohibited by applicable law." Prohibits the date and general description for each promotion, dismissal, transfer, suspension, separation, or other change in position classification from being disclosed before the employee has exhausted all administrative appeals that the employee is entitled to pursue under applicable law; however, once the employee has exhausted all administrative appeals, the date and general description for each promotion, dismissal, transfer, suspension, separation, or other change in position classification must be disclosed within 30 days of any final decision.
Makes identical additions to the personnel recordkeeping requirements by local boards of education, community colleges, LME/MCOs, local governments, water and sewer authorities, and hospitals, pursuant to the following governing statutes: GS 115C-320; GS 115D-28; GS 122C-158; GS 153A-98; GS 160A-168; GS 162A-6.1 and GS 131E-257.2.
Bill Summaries: S 355 GOVERNMENT TRANSPARENCY ACT OF 2021.
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Bill S 355 (2021-2022)Summary date: May 5 2021 - View SummaryEducation, Elementary and Secondary Education, Higher Education, Employment and Retirement, Government, State Agencies, Community Colleges System Office, UNC System, State Government, State Personnel, Local Government, Health and Human Services, Health, Health Care Facilities and Providers, Public Health, Mental Health
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Bill S 355 (2021-2022)Summary date: Apr 27 2021 - View Summary
Senate committee substitute amends the 1st edition as follows.
Further modifies GS 126-23, which provides directives for State personnel recordkeeping by each department, agency, institution, commission and bureau of the State, to specify that the directives set forth also apply to entities and persons defined in GS 116-2, which sets forth the defined terms for Article 1 of GS Chapter 116, governing the University of North Carolina.
Further amends GS 153A-98, which governs the privacy of county employee personnel records, to define employee to include employees of county officers and former employees of the county or county officers (was defined to include former employees of the county).
Adds the following content. Amends GS 131E-257.2, which governs the personnel records of public hospital employees to require records to show the date and general description of the reasons for each promotion, demotion, dismissal, transfer, suspension, separation, or other change in position classification (previously required to include the date of the most recent promotion, demotion, transfer, suspension, and separation or other change in position).
Education, Elementary and Secondary Education, Higher Education, Employment and Retirement, Government, State Agencies, Community Colleges System Office, UNC System, State Government, State Personnel, Local Government, Health and Human Services, Health, Health Care Facilities and Providers, Public Health, Mental Health
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Bill S 355 (2021-2022)Summary date: Mar 25 2021 - View Summary
Modifies GS 126-23 regarding required State personnel recordkeeping by each department, agency, institution, commission and bureau of the State, to require records to show the date and general description of the reasons for each promotion, demotion, dismissal, transfer, suspension, separation, or other change in position classification (dismissals, suspensions, and demotions were previously separated and required stated disciplinary reasoning). No longer describes dismissals as disciplinary action, but instead personnel action.
Makes identical changes to the personnel recordkeeping requirements by local boards of education, community colleges, LME/MCOs, local governments, and water and sewer authorities, pursuant to the following governing statutes: GS 115C-320; GS 115D-28; GS 122C-158; GS 153A-98; GS 160A-168; and GS 162A-6.1.
Effective December 1, 2021.