State Personnel Act
The North Carolina General Assembly enacted into law in 1949 the State Personnel Act that has since been amended several times. The intent and purpose of the Act is to govern personnel administration for all State agencies and institutions. It divides state employees into two categories:
The source of funding (state, grant, auxiliary budget code, etc.) for a person's position is not a factor in determining whether or not that person is subject to the State Personnel Act.
Privacy of State Employees' Personnel Records
The East Carolina Department of Human Resources is responsible for maintaining "personnel files" for all employees. In the 1975-76 session, the North Carolina General Assembly passed legislation that addressed the Privacy of State Employee Personnel Records (Article 7, G.S.126). This article defines what is public information and the manner in which it may be released to the general public and to the employee. The law requires that the University must upon request release to anyone certain information held in the employee's personnel file. The public information is limited to name of employee, age, date of employment, current position title, salary, date and amount of most recent salary change, date and type of most recent classification change, and the department where the employee is presently assigned. All other information held in the employee's file is confidential and may not be released to the general public without penalty.
In addition, the law specifies that each employee has the right to review all information within his or her personnel file. Any employee who wishes to review his or her personnel file should be directed to the appropriate Vice Chancellor's Office (for EPA personnel) or the Department of Human Resources (for SPA personnel). Employees are allowed to review their personnel records with the exception of reference material acquired at time of employment. Employees have the right to appeal for the removal of any information they feel should not be a part of the record. If a request is made for the removal of any information, the employee will be advised to follow the University Grievance and Appeal Procedure. Any public official or state employee who shall knowingly and willfully permit any person to have access to confidential information of any portion of a personnel file shall be guilty of a misdemeanor and shall be fined in the discretion of the court not to exceed $500.