GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

S                                                                                                                                                     1

SENATE BILL 554

 

 

Short Title:        Personnel Records Technical Changes.

(Public)

Sponsors:

Senator Brunstetter.

Referred to:

Judiciary I.

April 12, 2011

A BILL TO BE ENTITLED

AN ACT to clarify the date on which certain personnel information required by S.L. 2010‑169 must be released.

The General Assembly of North Carolina enacts:

SECTION 1.  Section 18(h) of S.L. 2010‑169 reads as rewritten:

"SECTION 18.(h)  This section becomes effective October 1, 2010.October 1, 2010, and applies to notices of dismissals, suspensions, and demotions for disciplinary reasons taken on or after that date. This section applies to disclosure of the date and type of each increase or decrease in salary and to disclosure of the date and type of each promotion, demotion, transfer, suspension, separation, or other change in position classification taken on or after October 1, 2007."

SECTION 2.  G.S. 126‑23(a) reads as rewritten:

"§ 126‑23.  Certain records to be kept by State agencies open to inspection.

(a)        Each department, agency, institution, commission and bureau of the State shall maintain a record of each of its employees, showing the following information with respect to each such employee:

(1)        Name.

(2)        Age.

(3)        Date of original employment or appointment to State service.

(4)        The terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the agency has the written contract or a record of the oral contract in its possession.

(5)        Current position.

(6)        Title.

(7)        Current salary.

(8)        Date and amount of each increase or decrease in salary with that department, agency, institution, commission, or bureau.bureau since October 1, 2007.

(9)        Date and type of  each promotion, demotion, transfer, suspension, separation, or other change in position classification with that department, agency, institution, commission, or bureau.bureau since October 1, 2007.

(10)      Date and general description of the reasons for each promotion with that department, agency, institution, commission, or bureau.bureau since October 1, 2007.

(11)      Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the department, agency, institution, commission, or bureau.bureau since October 1, 2010.

(11a)    If the disciplinary action under subdivision (11) of this subsection was a dismissal, a copy of the written notice notice, if created, of the final decision of the head of the department setting forth the specific acts or omissions that are the basis of the dismissal. This subdivision does not require the creation of a notice of dismissal if the creation of the notice is not otherwise required by law.

(12)      The office or station to which the employee is currently assigned."

SECTION 3.  G.S. 115C‑320(a) reads as rewritten:

"§ 115C‑320.  Certain records open to inspection.

(a)        Each local board of education shall maintain a record of each of its employees, showing the following information with respect to each employee:

(1)        Name.

(2)        Age.

(3)        Date of original employment or appointment.

(4)        The terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the board has the written contract or a record of the oral contract in its possession.

(5)        Current position.

(6)        Title.

(7)        Current salary.

(8)        Date and amount of each increase or decrease in salary with that local board of education.education since October 1, 2007.

(9)        Date and type of each promotion, demotion, transfer, suspension, separation, or other change in position classification with that local board of education.education since October 1, 2007.

(10)      Date and general description of the reasons for each promotion with that local board of education.education since October 1, 2007.

(11)      Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the local board of education.education since October 1, 2010.

(11a)    If the disciplinary action under subdivision (11) of this subsection was a dismissal, a copy of the written notice notice, if created, of the final decision of the local board education setting forth the specific acts or omissions that are the basis of the dismissal. This subdivision does not require the creation of a notice of dismissal if the creation of the notice is not otherwise required by law.

(12)      The office or station to which the employee is currently assigned."

SECTION 4.  G.S. 115D‑28(a) reads as rewritten:

"§ 115D‑28.  Certain records open to inspection.

(a)        Each board of trustees shall maintain a record of each of its employees, showing the following information with respect to each employee:

(1)        Name.

(2)        Age.

(3)        Date of original employment or appointment.

(4)        The terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the board has the written contract or a record of the oral contract in its possession.

(5)        Current position.

(6)        Title.

(7)        Current salary.

(8)        Date and amount of each increase or decrease in salary with that community college.college since October 1, 2007.

(9)        Date and type of  each promotion, demotion, transfer, suspension, separation, or other change in position classification with that community college.college since October 1, 2007.

(10)      Date and general description of the reasons for each promotion with that community college.college since October 1, 2007.

(11)      Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the community college.college since October 1, 2010.

(11a)    If the disciplinary action under subdivision (11) of this subsection was a dismissal, a copy of the written notice notice, if created, of the final decision of the board of trustees setting forth the specific acts or omissions that are the basis of the dismissal. This subdivision does not require the creation of a notice of dismissal if the creation of the notice is not otherwise required by law.

(12)      The office or station to which the employee is currently assigned."

SECTION 5.  G.S. 112C‑158(b) reads as rewritten:

"(b)      The following information with respect to each employee is a matter of public record:

(1)        Name.

(2)        Age.

(3)        Date of original employment or appointment to the area authority.

(4)        The terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the agency has the written contract or a record of the oral contract in its possession.

(5)        Current position.

(6)        Title.

(7)        Current salary.

(8)        Date and amount of each increase or decrease in salary with that area authority.authority since October 1, 2007.

(9)        Date and type  each promotion, demotion, transfer, suspension, separation, or other change in position classification with that area authority.authority since October 1, 2007.

(10)      Date and general description of the reasons for each promotion with that area authority.authority since October 1, 2007.

(11)      Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the area authority.authority since October 1, 2010.

(11a)    If the disciplinary action under subdivision (11) of this subsection was a dismissal, a copy of the written notice notice, if created, of the final decision of the area authority setting forth the specific acts or omissions that are the basis of the dismissal. This subdivision does not require the creation of a notice of dismissal if the creation of the notice is not otherwise required by law.

(12)      The office to which the employee is currently assigned."

SECTION 6.  G.S. 153A‑98(b) reads as rewritten:

"(b)      The following information with respect to each county employee is a matter of public record:

(1)        Name.

(2)        Age.

(3)        Date of original employment or appointment to the county service.

(4)        The terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the county has the written contract or a record of the oral contract in its possession.

(5)        Current position.

(6)        Title.

(7)        Current salary.

(8)        Date and amount of each increase or decrease in salary with that county.county since October 1, 2007.

(9)        Date and type of each promotion, demotion, transfer, suspension, separation or other change in position classification with that county.county since October 1, 2007.

(10)      Date and general description of the reasons for each promotion with that county.county since October 1, 2007.

(11)      Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the county.county since October 1, 2010.

(11a)    If the disciplinary action under subdivision (11) of this subsection was a dismissal, a copy of the written notice notice, if created, of the final decision of the county setting forth the specific acts or omissions that are the basis of the dismissal. This subdivision does not require the creation of a notice of dismissal if the creation of the notice is not otherwise required by law.

(12)      The office to which the employee is currently assigned."

SECTION 7.  G.S. 160A‑168(b) reads as rewritten:

"(b)      The following information with respect to each city employee is a matter of public record:

(1)        Name.

(2)        Age.

(3)        Date of original employment or appointment to the service.

(4)        The terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the city has the written contract or a record of the oral contract in its possession.

(5)        Current position.

(6)        Title.

(7)        Current salary.

(8)        Date and amount of each increase or decrease in salary with that municipality.municipality since October 1, 2007.

(9)        Date and type of  each promotion, demotion, transfer, suspension, separation, or other change in position classification with that municipality.municipality since October 1, 2007.

(10)      Date and general description of the reasons for each promotion with that municipality.municipality since October 1, 2007.

(11)      Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the municipality.municipality since October 1, 2010.

(11a)    If the disciplinary action under subdivision (11) of this subsection was a dismissal, a copy of the written notice notice, if created, of the final decision of the municipality setting forth the specific acts or omissions that are the basis of the dismissal. This subdivision does not require the creation of a notice of dismissal if the creation of the notice is not otherwise required by law.

(12)      The office to which the employee is currently assigned."

SECTION 8.  G.S. 162A‑6.1(b) reads as rewritten:

"(b)      The following information with respect to each authority employee is a matter of public record:

(1)        Name.

(2)        Age.

(3)        Date of original employment or appointment to the service.

(4)        The terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the authority has the written contract or a record of the oral contract in its possession.

(5)        Current position.

(6)        Title.

(7)        Current salary.

(8)        Date and amount of each increase or decrease in salary with that authority.authority since October 1, 2007.

(9)        Date and type of each promotion, demotion, transfer, suspension, separation, or other change in position classification with that authority.authority since October 1, 2007.

(10)      Date and general description of the reasons for each promotion with that authority.authority since October 1, 2007.

(11)      Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the authority.authority since October 1, 2010.

(11a)    If the disciplinary action under subdivision (11) of this subsection was a dismissal, a copy of the written notice notice, if created, of the final decision of the authority setting forth the specific acts or omissions that are the basis of the dismissal. This subdivision does not require the creation of a notice of dismissal if the creation of the notice is not otherwise required by law.

(12)      The office to which the employee is currently assigned."

SECTION 9.  This act is effective when it becomes law.