AN ACT TO STRENGTHEN CONFIDENCE IN GOVERNMENT BY INCREASING ACCESSIBILITY TO PUBLIC PERSONNEL HIRING, FIRING, AND PERFORMANCE RECORDS.
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.