North Carolina § 115C-320 - Certain records open to inspection.

§ 115C-320. Certain records open to inspection.

Each local board of education shall maintain a record of each of its employees, showing the following information with respect to each employee: Name. Age. Date of original employment or appointment. 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. Current position. Title. Current salary. Date and amount of each increase or decrease in salary with that local board of education. Date and type of each promotion, demotion, transfer, suspension, separation, or other change in position classification with that local board of education. Date and general description of the reasons for each promotion with that local board of education. Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the local board of education. If the disciplinary action was a dismissal, a copy of the written notice of the final decision of the local board education setting forth the specific acts or omissions that are the basis of the dismissal. The office or station to which the employee is currently assigned. For the purposes of this section, the term "salary" includes pay, benefits, incentives, bonuses, and deferred and all other forms of compensation paid by the employing entity. Subject only to rules and regulations for the safekeeping of records adopted by the local board of education, every person having custody of the records shall permit them to be inspected and examined and copies made by any person during regular business hours. The name of a participant in the Address Confidentiality Program established pursuant to Chapter 15C of the General Statutes shall not be open to inspection and shall be redacted from any record released pursuant to this section. Any person who is denied access to any record for the purpose of inspecting, examining or copying the record shall have a right to compel compliance with the provisions of this section by application to a court of competent jurisdiction for a writ of mandamus or other appropriate relief. History (1987, c. 571, s. 1; 2002-171, s. 4; 2007-508, s. 1; 2010-169, s. 18(b).) Editor's Note. - Session Laws 2002-171, s. 9, provides: "No General Fund appropriations shall be used to implement this act. The Attorney General and all other agencies to which this act applies shall implement the provisions of this act with funds that are or will become available as a result of the settlement of the case entitled State of Florida, et al. v. Nine West Group, Inc., and John Does 1-500, Civil Action No. 00 CIV 1707 (BDP), U.S.D.C., Southern District of New York, or other grants or funds that are not appropriated from the General Fund." Effect of Amendments. - Session Laws 2007-508, s. 1, effective August 30, 2007, inserted "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" in the first sentence and added the second sentence. Session Laws 2010-169, s. 18(b), effective October 1, 2010, subdivided the first paragraph, adding the subsection and subdivision designations and making multiple stylistic changes; in subdivision (a)(8), substituted "each increase or decrease in salary with that local board of education" for "most recent increase or decrease in salary"; in subdivision (a)(9), substituted "Date and type of each promotion" for "date of most recent promotion," and added "with that local board of education"; added subdivisions (a)(10) and (a)(11); and added the subsection (b) and (c) designations. Legal Periodicals. - For article, "Fired by Liars: Due Process Implications in the Recent Changes to North Carolina's Public Disclosure Laws," see 89 N.C.L. Rev. 2228 (2011). Opinions of Attorney General The licensure status of an LEA employee is part of that employee's confidential personnel file, so an LEA is prohibited from routinely releasing it. See opinion of Attorney General to Lowell Harris, Director Exceptional Children Division N. C. Department of Public Instruction, 1998 N.C.A.G. 47 (11/20/98).