EPA Non-Faculty Personnel Records and Confidentiality of Personnel Information

North Carolina General Statutes 126-22 specifies that a "personnel file" for purposes of the statute consists of "any information gathered by the department and which information relates to the individual's application, selection or non-selection, promotion, demotions, transfers, leave, salary, suspension, performance evaluation forms, disciplinary actions, and termination of employment wherever located and in whatever form." 

Based on established business practice at UNC-Chapel Hill, the contents of an individual's EPA non-faculty personnel file may be located in various University offices including the employee's primary or secondary appointing department, school/division-level offices, the Human Resources Records & Data Management Department, the Office of the Executive Vice Chancellor and Provost (OEVC&P), the Chancellor's Office, and the Office of the University Counsel.

The following information regarding each EPA non-faculty employee is considered public information and must be released upon request to any member of the general public:

• Name
• Age (not date of birth)
• Current department (for EPA purposes, this will be the base department)
• Date of original employment with the State or appointment to State service
• Current EPA job title (for EPA purposes to include primary rank and working title when present)
• Current salary
• Date and amount of most recent change in salary
• Date of most recent promotion, demotion, transfer, suspension, separation, or other change in position classification.

The Office of University Counsel has also ruled that employee electronic mail address and campus office address are also considered as public information given their inclusion in the publicly available University campus directory.

Any additional information regarding EPA non-faculty employees not specifically identified above must be considered confidential under State law unless otherwise explicitly authorized by the Office of University Counsel. These laws impose the obligation on the University and upon all University employees who are or come into possession of such confidential personnel information to keep the information confidential.

A personnel file is confidential to all except those who have a need to know its contents. Only authorized people shall have access. Each University office that houses EPA non-faculty  personnel files must establish controls to protect information from unauthorized disclosure. For example, personnel files should be stored in a locked cabinet or drawer with access strictly limited by authorized department staff. To allow an unauthorized person access to confidential information in a personnel file, or to disclose information to such a person is criminal act punishable under State law.

 

Any request by an EPA Non-Faculty employee for access to his/her personnel file must be directed to the Office of the University Counsel. Upon receiving a request, the files will be assembled from all locations and a meeting time will be established to permit review of the file by the employee.

An employee may examine his/her entire personnel file with the exception of letters of reference solicited prior to initial University employment or information concerning medical disabilities (mental or physical) that a physician might not have disclosed to the employee. Such medical information may be disclosed to a licensed physician designated in writing by the employee. Information in the public record may be copied; however, documents may not be removed or borrowed.