(a) Except as provided in G.S. 126-23 and G.S. 126-24, personnel files of State employees shall not be subject to inspection and examination as authorized by G.S. 132-6.
(b) For purposes of this Article the following definitions apply:
(1) "Employee" means any current State employee, former State employee, or applicant for State employment.
(2) "Employer" means any State department, university, division, bureau, commission, council, or other agency subject to Article 7 of this Chapter.
(3) "Personnel file" means any employment-related or personal information gathered by an employer or by the Office of State Human Resources. Employment-related information contained in a personnel file includes information related to an individual's application, selection, promotion, demotion, transfer, leave, salary, contract for employment, benefits, suspension, performance evaluation, disciplinary actions, and termination. Personal information contained in a personnel file includes an individual's home address, social security number, medical history, personal financial data, marital status, dependents, and beneficiaries.
(4) "Record" means the personnel information that each employer is required to maintain in accordance with G.S. 126-23.
(c) Personnel files of former State employees who have been separated from State employment for 10 or more years may be open to inspection and examination except for papers and documents relating to demotions and to disciplinary actions resulting in the dismissal of the employee. Retirement files maintained by the Retirement Systems Division of the Department of State Treasurer shall be made public pursuant to G.S. 128-33.1 and G.S. 135-6.1.
(d) Repealed by Session Laws 2016-108, s. 2(d), effective July 22, 2016. (1975, c. 257, s. 1; 1977, c. 866, s. 9; 2007-508, s. 4.5; 2008-194, s. 11(a); 2013-382, s. 9.1(c); 2016-108, s. 2(d).)
Notes of Decisions
Cited in
38
cases (
17 in the last 5 years), 1992–2025 · leading case:
Toomer v. Garrett, 574 S.E.2d 76 (N.C. Ct. App. 2002).
Toomer v. Garrett, 574 S.E.2d 76 (N.C. Ct. App. 2002).
· cites it 12× “The right to be free of arbitrary, abusive, and illegitimate government action, such as that described in the complaint, is a clearly established right of which a reasonable person in defendant Garrett’s or any other official position would have been aware.”
Knight Publ'g Co. v. Charlotte-Mecklenburg Hosp. Auth., 616 S.E.2d 602 (N.C. Ct. App. 2005).
· cites it 7× “The plain language of the statute, especially the definition of “personnel file,” is virtually identical to the plain language of N.C. Gen. Stat. § 126-22 , and to the definition of “personnel file” included therein.”
North Carolina Dep't of Corr. v. Myers, 462 S.E.2d 824 (N.C. Ct. App. 1995).
· cites it 4× “Myers' comments revealed anything of a confidential nature about Officer Nicholson herself. The record shows that his comments were directed towards the handling of Ms.”
McCormick v. Hanson Aggregates Se., Inc., 596 S.E.2d 431 (N.C. Ct. App. 2004).
· cites it 2× “2d at 14 (recognizing “personnel file” exception in N.C. Gen. Stat. § 126-22 as an exemption to the rule on disclosure of public records); Bd.”
News Reporter Co., Inc. v. Columbus Cnty., 646 S.E.2d 390 (N.C. Ct. App. 2007).
· cites it 2× “) The Supreme Court in Poole was, however, construing a different statute: N.C. Gen.Stat. § 126-22 (1987). That statute provided that the information constituting a personnel file must "relate [] to the individual's application, selection or nonselection, promotions, demotions,…”
McAdams v. North Carolina Dep't of Transp., 716 S.E.2d 77 (N.C. Ct. App. 2011).
· cites it 2× “In that e-mail, Plaintiff complained about the manner in which he had been treated in connection with the disciplining of another employee, whose name he mentioned, allegedly in violation of the prohibition against the release of confidential personnel information set out in…”
News & Observer Publ'g Co. v. Poole, 412 S.E.2d 7 (1992).
· cites it 7× “In their answer defendants asserted a sixth defense that “the Commission’s records contain confidential personnel records protected from public inspection under N.C. Gen. Stat. §§ 126-22 .” The trial court’s order made no reference to this defense.”
Zayre-Brown v. North Carolina Dep't of Adult Corr. (W.D.N.C. 2022).
· cites it 6× “Information and documents contained in “personnel files,” as that phrase is defined in N.C.G.S. § 126-22, excluding “Personally Identifiable Information” as described in Paragraph 4(B)(i); ii.”
Hemphill v. Huntley (W.D.N.C. 2024).
· cites it 5× “Information and documents contained in “personnel files,” as that phrase is defined in N.C. Gen. Stat. § 126-22 ; ii. Information, documents, and related materials collected, created, and maintained by the Department pursuant to N.”
Ansel v. Hicks, 846 F. Supp. 2d 493 (W.D.N.C. 2012).
· cites it 2× “See N.C. Gen.Stat. §§ 126-22, 126-24, 126-27, 148-74 & 148-76.”
Parsons v. Beaver (W.D.N.C. 2019).
· cites it 3× “Information and documents contained in “personnel files”, as that phrase is defined in N.C.G.S. § 126-22; ii. Information, documents, and related materials collected, created, and maintained by the Department pursuant to N.”
Monds v. Bennett (W.D.N.C. 2020).
· cites it 3× “Information and documents contained in “personnel files”, as that phrase is defined in N.C.G.S. § 126-22; ii. Information, documents, and related materials collected, created, and maintained by the Department pursuant to N.”
— N.C. Gen. Stat. § 126-22(3) — 11 cases
Zayre-Brown v. North Carolina Dep't of Adult Corr. (W.D.N.C. 2022).
“Information and documents contained in “personnel files,” as that phrase is defined in N.C.G.S. § 126-22, excluding “Personally Identifiable Information” as described in Paragraph 4(B)(i); ii.”
Hemphill v. Huntley (W.D.N.C. 2024).
“Information and documents contained in “personnel files,” as that phrase is defined in N.C. Gen. Stat. § 126-22 ; ii. Information, documents, and related materials collected, created, and maintained by the Department pursuant to N.”
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