§ 51-24A.7. Personnel records - Confidentiality - Inspection and copying.  


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  • A.  A public body may keep personnel records confidential:

    1.  Which relate to internal personnel investigations including examination and selection material for employment, hiring, appointment, promotion, demotion, discipline, or resignation; or

    2.  Where disclosure would constitute a clearly unwarranted invasion of personal privacy such as employee evaluations, payroll deductions, employment applications submitted by persons not hired by the public body, and transcripts from institutions of higher education maintained in the personnel files of certified public school employees; provided, however, that nothing in this subsection shall be construed to exempt from disclosure the degree obtained and the curriculum on the transcripts of certified public school employees.

    B.  All personnel records not specifically falling within the exceptions provided in subsection A of this section shall be available for public inspection and copying including, but not limited to, records of:

    1.  An employment application of a person who becomes a public official;

    2.  The gross receipts of public funds;

    3.  The dates of employment, title or position; and

    4.  Any final disciplinary action resulting in loss of pay, suspension, demotion of position, or termination.

    C.  Except as may otherwise be made confidential by statute, an employee of a public body shall have a right of access to his own personnel file.

    D.  Public bodies shall keep confidential the home address, telephone numbers and social security numbers of any person employed or formerly employed by the public body.

Added by Laws 1985, c. 355, § 7, eff. Nov. 1, 1985.  Amended by Laws 1990, c. 257, § 6, emerg. eff. May 23, 1990; Laws 1994, c. 177, § 1, eff. Sept. 1, 1994; Laws 2005, c. 116, § 2, eff. Nov. 1, 2005.