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Any applicant for city employment, city employee, or former city employee, who has reason to believe that any employment action, including promotion, training, classification, pay, disciplinary action, transfer, layoff, failure to hire, or termination of employment was based on age, sex, race, color, national origin, religion, creed, political affiliation, or non-job related handicap, has the right to appeal such action using the grievance procedure outlined in this article if he or she desires. While such persons are encouraged to use the grievance procedure, they shall have the right to appeal directly to the City Manager. An employee or applicant should appeal an alleged act of discrimination within 30 calendar days of the alleged discriminatory action.
(Ord. passed 5-17-94)
When an employee or group of employees has a grievance under § 10-10.2 against the City Manager or when an employee, group of employees, any applicant for city employment or former city employee claims to have a grievance under § 10-10.5 against the City Manager, such employee, employees, applicants for city employment, former employee or complainant shall file such complaint or grievance with the City Clerk who shall promptly cause the City Council to be notified of such complaint or grievance.
(Ord. passed 5-17-94)
Section
10-11.1 Public information
10-11.2 Access to confidential records
10-11.3 Personnel actions
10-11.4 Records of former employees
10-11.5 Remedies of employees objecting to material in file
10-11.6 Penalties for permitting access to confidential records
10-11.7 Examining and/or copying confidential material without authorization
10-11.8 Destruction of records regulated
In compliance with G.S. § 160A-168, the following information with respect to each city employee is a matter of public record: name; age; date of original employment or appointment to the service; current position title; current salary; date and amount of the most recent increase or decrease in salary; date of the most recent promotion, demotion, transfer, suspension, separation, or other change in position classification; and the office to which the employee is currently assigned. Any person may have access to this information for the purpose of inspection, examination, and copying, during regular business hours, when making a request in writing and subject to the rules and regulations for the safekeeping of public records as the city may adopt.
(Ord. passed 5-17-94; Am. Ord. passed 8-29-09)
(A) All information contained in a city employee’s personnel file, other than the information mentioned above is confidential and shall be open to inspection only in the following instances:
(1) The employee or his or her duly authorized agent may examine all portions of his/her personnel file except letters of reference solicited prior to employment, and information concerning a medical disability, mental or physical, that a prudent physician would not divulge to the patient.
(2) A licensed physician designated in writing by the employee may examine the employee’s medical record.
(3) A city employee having supervisory authority over the employee may examine all material in the employee’s personnel file
(4) By order of a court of competent jurisdiction, any person may examine all material in the employee’s personnel file.
(5) An official of an agency of the state or federal government, or any political subdivision of the state, may inspect any portion of a personnel file when such inspection is deemed by the City Manager to be necessary and essential to the pursuit of a proper function of the inspecting agency, but no information shall be divulged for the purpose of assisting in a criminal prosecution of the employee, or for the purpose of assisting in an investigation of the employee’s tax liability. However, the official having custody of the personnel records may release the name, address, and telephone number from a personnel file for the purpose of assisting in a criminal investigation.
(6) An employee may sign a written release to be placed in his/her personnel file that permits the record custodian to provide, either in person, by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release.
(7) The City Manager, with the concurrence of the City Council, may inform any person of the employment, nonemployment, promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or termination of a city employee, and the reasons for that action. Before releasing that information, the City Manager shall determine in writing that the release is essential to maintaining the level and quality of city services. The written determination shall be retained in the City Manager’s office, is a record for public inspection, and shall become a part of the employee’s personnel file.
(B) The City Council shall establish procedures for all personnel files containing information other than the public information mentioned above whereby an employee who objects to material may seek to have the material removed from the file or may place in the file a statement relating to the material.
(Ord. passed 5-17-94)
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