Senate Minority Leader Phil Berger this week has filed legislation intended to make public disciplinary actions, salary and employment histories, and letters of recommendation for public employees.
But he admitted after a close reading of his bill that it is likely going to need some work.
While the title of Senate Bill 1433 would require the release of letters of recommendation and disciplinary actions, the bill's text doesn't appear to.
It would require personnel officials to release the "date of each promotion, demotion, transfer, suspension, separation, or other change in position classification." But that raises the question, would personnel officials disclose that there had been a demotion or just the date that a change in position classification had happened?
The bill also appears to only address the personnel law as it pertains to state employees. That's contained in General Statute 126. But teachers, local government and other public employees are covered in several other statutes. The language in each is nearly identical, but to catch all employees, Berger's legislation will likely have to amend each statute.
Berger, a Rockingham County Republican, said he will check with his staff and with bill drafters to see if the legislation needs to be re-written. If so he will introduce a new version if and when it comes up in committee
Ultimately, the vehicle for personnel law changes may not be Berger's bill. State Sen. David Hoyle, a Gaston County Democrat, has said he plans to introduce similar reforms by amending existing legislation that is in play this session.
Both lawmakers are taking action after The News & Observer reported in a three-part series, Keeping Secrets, that North Carolina has one of the nation's most secretive personnel laws, preventing little more than the release of current salaries, positions and raises of public employees.


Dan Kane has covered local and state government and N.C. State University at The News & Observer since joining our staff in 1997. Most recently, he and J. Andrew Curliss teamed to report “The Missing Money,” a three-part series that explored the state's growing number of tax breaks and the related rising revenue loss. Kane's reporting also exposed one of the worst academic fraud cases in U.S. higher education history at UNC-Chapel Hill. Contact him at
Comments
Wrong choice
Thu, 05/27/2010 - 20:44 — badjournalismThe News and Observer and in particular, Dan Kane has already shown what a bad idea this is. This opens the door for pathetic journalist such as Dan Kane who can't find real stories and has to try to gain sensationalism by publishing what should be personal and confidential with no backing story. The whole intent of the original law is being maliciously abused and misused by Dan Kane and the N&O. Its intent was to allow inspection of employees when wrong doing is suspected. Not to publish everyones personal information in a free for all for every crook and ciminal out there. This law was written in the 70s and does not state anywhere that someone in the possession of this material has the right to publish it in a public forum. This information is still covered under personal privacy laws and N&O is opening themselves up for many lawsuits. There are so many moral reasons not to publish this in a public forum that it would take an idiot to publish this thinking they were doing the right thing. Momentum is building on N&O cancelations (who needs the paper these days anyway. There are much better sources of information.) Cancel your subscriptions and write to the politial leaders to let everyone know what a bad idea this is. You keep going down this path and you will make working for the state such a bad thing to do, no decent minded person would consider it. Then you will have nothing but crooks to worry about. This is also costing countless thousands in tax payers dollars. Stop this illegal and immoral action now! Stand up and make a statement! Protect those hard working employees in our state run hospitals and other state institutions who work hard to save lives and make life better. Don't let journalist (and I use the term lightly) like Dan Kane disrespect them in such a manner! They don't diserve this. And if Dan Kane and the N&O really thinks it is ok... let see them publish their personal information.
Obviously Berger is
Thu, 05/27/2010 - 19:58 — AaronLObviously Berger is positioning himself to run for Governor in 2012. He is already pandering to the N&O.
keep the pressure on
Thu, 05/27/2010 - 19:22 — tboard47make everything public then work backwards not the way it is the bureaucrats like it this way because they can assume to their benefit The law should read "all is public unless specifically excluded" - easier to manage for the public
corruption is rampant and
Thu, 05/27/2010 - 18:20 — liveonourporchescorruption is rampant and systemic in State government; secrecy allows corruption to flourish; transparency in public records kills corruption and allows the N&O's of the world to police the State for the public; every tax payer should be able to obtain this information on request; this is a no-brainer; if any employee doesn't like it, they can hit the trail; the culture of concealment by public employees of State government information is appalling and detrimental to every tax payer; sunshine, not concealment, saves tax payer money.
The records of elected
Sat, 05/29/2010 - 22:55 — onestateemployeeThe records of elected officials should be public record, I agree. But when they go as far as publishing everything including clerical positions at the state hospital thats just going too far. Because PART of my paycheck comes from the state of NC that makes i ok for everyone on the internet to know all by buisness???? Employees of UNC Hospitals do a LOT of great things for the people of NC even those who can't pay...this was a great way for the N&O to say thank you!! People will start to think twice before going to work for the State of NC; I know I would have thought harder if this had been disclosed to me during orintation.