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Chapter 10: Applicant Records: Confidentiality and Retention | 349
records statutes, the community college statute gives the right of access to their own files to applicants for community college positions.9
10.1.2 Disclosure of Applicant Information within the Hiring Organization
The personnel privacy statutes do not address the question of who within the employer’s organization may see an applicant’s file, but the general rule should be that only the human resources department and those involved in the hiring decision may see the file. This would include the city or county manager (or city council in a mayor–council form of government), a county health or social services director, the area mental health or water and sewer authority director, or any other person with hiring authority within a local government entity. In a community college this would include the board of trustees or, where the board has delegated hiring authority, the president. Depending on the position, others involved in the decision may include department heads and immediate supervisors and other organization employees who are part of the interviewing and evaluation process. Anyone who is not involved in the hiring decision would fall into the category of the public, to whom no disclosure is authorized.
10.1.2.1 Application of Current Employee for a Different Job
When a current employee of a local government or community college applies for a different job with the same employer, the employer should open a new, separate applicant file for that employee in order to give that application the same protection from public disclosure that other applicants receive. Not only will the application be confidential with respect to the general public and the press, but the applicant file will not be open to the employee’s current supervisor. As with persons applying for jobs outside their current organization, the current employee who is an applicant for a different job may not wish to jeopardize the relationship with his or her current supervisor by letting the supervisor know that the employee is seeking another position. For city and county employees, area mental health authority employees, and water and sewer authority employees, personnel files, unlike applicant files, are open for inspection by the employee’s supervisor.10
9. See G.S. 115D-29(a)(1).
10. See G.S. 160A-168(c)(3), G.S. 153A-98(c)(3), G.S. 122C-158(c)(3), and G.S. 162A-6.1, respectively. G.S. 115D-29(a)(2) opens community college employee files to “the
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| Title | Recruitment and selection law for local government employers - Page 365 |
| Full Text | Chapter 10: Applicant Records: Confidentiality and Retention | 349 records statutes, the community college statute gives the right of access to their own files to applicants for community college positions.9 10.1.2 Disclosure of Applicant Information within the Hiring Organization The personnel privacy statutes do not address the question of who within the employer’s organization may see an applicant’s file, but the general rule should be that only the human resources department and those involved in the hiring decision may see the file. This would include the city or county manager (or city council in a mayor–council form of government), a county health or social services director, the area mental health or water and sewer authority director, or any other person with hiring authority within a local government entity. In a community college this would include the board of trustees or, where the board has delegated hiring authority, the president. Depending on the position, others involved in the decision may include department heads and immediate supervisors and other organization employees who are part of the interviewing and evaluation process. Anyone who is not involved in the hiring decision would fall into the category of the public, to whom no disclosure is authorized. 10.1.2.1 Application of Current Employee for a Different Job When a current employee of a local government or community college applies for a different job with the same employer, the employer should open a new, separate applicant file for that employee in order to give that application the same protection from public disclosure that other applicants receive. Not only will the application be confidential with respect to the general public and the press, but the applicant file will not be open to the employee’s current supervisor. As with persons applying for jobs outside their current organization, the current employee who is an applicant for a different job may not wish to jeopardize the relationship with his or her current supervisor by letting the supervisor know that the employee is seeking another position. For city and county employees, area mental health authority employees, and water and sewer authority employees, personnel files, unlike applicant files, are open for inspection by the employee’s supervisor.10 9. See G.S. 115D-29(a)(1). 10. See G.S. 160A-168(c)(3), G.S. 153A-98(c)(3), G.S. 122C-158(c)(3), and G.S. 162A-6.1, respectively. G.S. 115D-29(a)(2) opens community college employee files to “the |
