SB 254 — Government Transparency Act of 2023.

FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA MarSESSION 8, 2023 S.B.S 1 SENATE BILL 254 Short Title:

254 SESSION 2023 PRINCIPAL CLERK S D SENATE BILL DRS35064-MR-53 Short Title:

Rules and Operations of the Senate March 9, 2023 A BILL TO BE ENTITLED AN ACT TO STRENGTHEN CONFIDENCE IN GOVERNMENT BY INCREASING ACCESSIBILITY TO CERTAIN PUBLIC PERSONNEL PERFORMANCE AND DISMISSAL RECORDS.

(11) Date and type of For each dismissal, suspension, or demotion dismissal for disciplinarydisciplinaryreasons reasons takenbythedepartment, agency,institution,commission,agency,institution, commission, or bureau.

If the disciplinary action was a dismissal, bureau, a copy of the *DRS35064-MR-53**S254-v-1* General Assembly Of North Carolina Session 2023 written notice of the final decision of the head of the department setting forth the specific acts or omissions that are the basis of the dismissal.

(1) No general description shall disclose information otherwise prohibited from disclosure by an applicable law but shall be listed as "description of action prohibited by applicable law." (2) The general description for each promotion, demotion, transfer, suspension, separation, or dismissal shall become part of the record maintained under subsection (a) of this section upon the later of the expiration of the time period to file an appeal under anyanyapplicable applicable administrative appeals process or a final decision being entered in that administrative appeals process." SECTION 1.(b) G.S.

Page 2 DRS35064-MR-53Senate Bill 254-First Edition General Assembly Of North Carolina Session 2023 (4) Theterms of anycontract bywhichtheemployeeis employed whetherwritten 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.

(1) No general description shall disclose information otherwise prohibited from disclosure by an applicable law but shall be listed as "description of action prohibited by applicable law." (2) The general description for each promotion, demotion, transfer, suspension, separation, or dismissal shall become part of the record maintained under subsection (a) of this section upon the later of the expiration of the time period to file an appeal under anyanyapplicable applicable administrative appeals process or a final decision being entered in that administrative appeals process." SECTION 3.

DRS35064-MR-53Senate Bill 254-First Edition Page 3 General Assembly Of North Carolina Session 2023 (6) Title.

(11) Date and type of For each dismissal, suspension, or demotion dismissal for disciplinarydisciplinaryreasons reasons takenbythe community college.

If the disciplinarydisciplinaryaction action was a dismissal, college, a copy of the written notice of the final decision of the board of trustees setting forth the specific acts or omissions that are the basis of the dismissal.

(1) No general description shall disclose information otherwise prohibited from disclosure by an applicable law but shall be listed as "description of action prohibited by applicable law." (2) The general description for each promotion, demotion, transfer, suspension, separation, or dismissal shall become part of the record maintained under subsection (a) of this section upon the later of the expiration of the time period to file an appeal under anyanyapplicable applicable administrative appeals process or a final decision being entered in that administrative appeals process." SECTION 4.

Page 4 DRS35064-MR-53Senate Bill 254-First Edition General Assembly Of North Carolina Session 2023 (9) Date and type each promotion, demotion, transfer, suspension, separation, or other change in position classification with that area authority.

(1) No general description shall disclose information otherwise prohibited from disclosure by an applicable law but shall be listed as "description of action prohibited by applicable law." (2) The general description for each promotion, demotion, transfer, suspension, separation, or dismissal shall become part of the record maintained under subsection (b) of this section upon the later of the expiration of the time period to file an appeal under anyanyapplicable applicable administrative appeals process or a final decision being entered in that administrative appeals process." SECTION 5.

DRS35064-MR-53Senate Bill 254-First Edition Page 5 General Assembly Of North Carolina Session 2023 (9) and date Date and type of the most recent each promotion, demotion, transfer, suspension, separation, or other change in position classification.

(11) For each dismissal for disciplinary reasons taken by the public health authority, a copycopyof of the written notice of the final decision of the public health authority setting forth the specific acts or omissions that are the basis of the dismissal.

(1) No general description shall disclose information otherwise prohibited from disclosure by an applicable law but shall be listed as "description of action prohibited by applicable law." (2) The general description for each promotion, demotion, transfer, suspension, separation, or dismissal shall become part of the record maintained under subsection (b) of this section upon the later of the expiration of the time period to file an appeal under anyanyapplicable applicable administrative appeals process or a final decision being entered in that administrative appeals process." SECTION 6.

Page 6 DRS35064-MR-53Senate Bill 254-First Edition General Assembly Of North Carolina Session 2023 (7) Subject to subsection (j) of this section, date and general description of the reasons for each of the following with that public hospital:

hospital,thefollowinghospital,thefollowinginformation: information:

(j) The following shall applyapplyto to the general descriptions as required bybysubdivision subdivision (b)(7) of this section:

(1) No general description shall disclose information otherwise prohibited from disclosure by an applicable law but shall be listed as "description of action prohibited by applicable law." (2) The general description for each promotion, demotion, transfer, suspension, separation, or dismissal shall become part of the record maintained under subsection (b) of this section upon the later of the expiration of the time period to file an appeal under anyanyapplicable applicable administrative appeals process or a final decision being entered in that administrative appeals process." SECTION 7.(a) G.S.

132-6 or any other general law or local act concerning access to public records, personnel files of employees, former employees, or applicants foremployment maintainedbyacountymaintainedbyacountyaresubject aresubject to inspection and maybedisclosed only as provided by this section.

For purposes of this section, an employee's personnel file consists of any information in any form gathered by the county with respect to that employee and, bybywayofillustration way ofillustration but not limitation, relatingrelatingto to his application,selectionornonselection, performance, promotions, demotions, transfers, suspension and other disciplinary actions, evaluation forms, leave, salary, and termination of employment.

DRS35064-MR-53Senate Bill 254-First Edition Page 7 General Assembly Of North Carolina Session 2023 (4) Theterms of anycontract bywhichtheemployeeis employedwhetherwrittenemployed whetherwritten 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.

(1) No general description shall disclose information otherwise prohibited from disclosure by an applicable law but shall be listed as "description of action prohibited by applicable law." (2) The general description for each promotion, demotion, transfer, suspension, separation, or dismissal shall become part of the record maintained under subsection (b) of this section upon the later of the expiration of the time period to file an appeal under anyanyapplicable applicable administrative appeals process or a final decision being entered in that administrative appeals process." SECTION 7.(b) G.S.

(1) "County employee" or "employee" means any person employed by a county or anyanydepartment department or program thereof that is supported, in whole or in part, by countycountyfunds;funds funds;funds but shall not include employees subject to G.S.

… Page 8 DRS35064-MR-53Senate Bill 254-First Edition General Assembly Of North Carolina Session 2023 (b) The following information with respect to each city employee is a matter of public record:

(8) Date and amount of each increase or decrease in salarysalarywith with that municipality.

(1) No general description shall disclose information otherwise prohibited from disclosure by an applicable law but shall be listed as "description of action prohibited by applicable law." (2) The general description for each promotion, demotion, transfer, suspension, separation, or dismissal shall become part of the record maintained under subsection (b) of this section upon the later of the expiration of the time period to file an appeal under anyanyapplicable applicable administrative appeals process or a final decision being entered in that administrative appeals process." SECTION 9.

DRS35064-MR-53Senate Bill 254-First Edition Page 9 General Assembly Of North Carolina Session 2023 (3) Date of original employment or appointment to the service.

(4) Theterms of anycontract bywhichtheemployeeis employed whetherwritten ororal, past and current, to theextentthattheauthoritytheextentthattheauthorityhas has thewrittencontract or a record of the oral contract in its possession.

(1) No general description shall disclose information otherwise prohibited from disclosure by an applicable law but shall be listed as "description of action prohibited by applicable law." (2) The general description for each promotion, demotion, transfer, suspension, separation, or dismissal shall become part of the record maintained under subsection (b) of this section upon the later of the expiration of the time period to file an appeal under anyanyapplicable applicable administrative appeals process or a final decision being entered in that administrative appeals process." SECTION 10.

Page 10 DRS35064-MR-53Senate Bill 254-First Edition