7000 - Personnel

7821 Petition for Removal of Personnel Records

7821 Petition for Removal of Personnel Records

The Superintendent may elect not to place a letter of complaint in an employee's personnel file if the letter contains invalid, irrelevant, outdated, or false information, or when there is no documentation of an attempt to resolve the issue.

Any employee may petition the Board of Education to have removed from his or her personnel file any information that the employee believes to be invalid, irrelevant or outdated.

  1. The petition must be in writing, signed by the employee, and submitted to the Superintendent.
  2. The petition must identify the specific information in question and the reasons for claiming it is invalid, irrelevant or outdated.
  3. The petition and the information in question, together with a recommendation from the Superintendent, must be submitted to the Board of Education. The Board must review the petition and information and may request more information from the employee who is requesting the removal and/or the Superintendent and/or the person who submitted the information for placement in the employee’s file; or schedule a hearing to allow both parties to present additional information; or make a decision based upon the information presented.  The Board’s decision will be limited to the following:  

(a) deny the request;

(b) make a specific finding the information is “invalid, irrelevant, or outdated’, and instruct the Superintendent to remove the information from the employee’s personnel file; or

(c) make a specific finding the information is “invalid, irrelevant, or outdated,” but decide to leave the information in the file and add to the personnel file a copy of the petition, the Superintendent’s recommendations, and the Board’s findings.

  1. The employee requesting removal of information from the personnel file shall be notified in writing of the Board’s decision.
  2. The decision of the Board shall be final.

Legal References: G.S. 115C-36, -47, 325(b); -325.2(a).

Adopted: May 9, 2011

Last Updated: May 8,  2018

 

 

 

 

 

 

 

 

 

 

 

Text Box: G.S. 115C-36, -47, 325(b); -325.2(a).Text Box: Adopted:    May  9, 2011
Last Updated   May 8, 2018                  :	
Text Box: Legal References: Cross References:

Legal References:
G.S. 115C-36, -47, 325(b)
Cross References:
Adopted:
Monday, 09 May 2011
Last Updated:
Tuesday, 08 May 2018