Are NC state employee leave balances public records under the Public Records Act?
Plain-English summary
This page reproduces a second NCDOJ archive entry of the same opinion analyzed under the parallel "Public Records Act; Accrued Leave Balances" landing page. The substance is the same: the AG concluded that state employee sick, vacation, compensatory, and bonus leave balances are "current benefits" within the 2007 expanded definition of "salary" in N.C.G.S. § 126-23 and must be released on request.
For the full enrichment, see the companion page (linked under Source). This page exists because the NCDOJ archive carries two URLs for the same opinion, and we preserve a record of both.
Currency note
This opinion was issued circa 2008. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
Q: Is this a different opinion from the "-2" archive entry?
A: No. Both NCDOJ archive URLs publish the same AG opinion on accrued leave balances. The content differs only in the inclusion of one analytical paragraph; the conclusion is identical.
Q: Which version should a researcher cite?
A: The companion "-2" archive page contains the fuller text. Cite that one for the substantive analysis. The two pages reach the same conclusion: leave balances are public records.
Background and statutory framework
The two-statute framework (§§ 126-22, 126-23) and the 2007 expansion of "salary" via Session Law 2007-508 are analyzed in the companion page. The conclusion is that accrued leave balances are current benefits subject to disclosure under § 126-23.
The opinion was signed by Chief Deputy Attorney General Grayson G. Kelley.
Citations
- N.C.G.S. § 126-22 (state personnel files confidential)
- N.C.G.S. § 126-23 (public employee information that must be kept open)
- N.C.G.S. § 132-1 (Public Records Act definition)
- Session Law 2007-508 (2007 amendment)
- News & Observer Publishing Co. v. Poole, 330 N.C. 465 (1992)
Source
- Landing page: https://ncdoj.gov/opinions/public-records-act-accrued-leave-balances/
- Companion page (fuller text): https://ncdoj.gov/opinions/public-records-act-accrued-leave-balances-2/
Original opinion text
- Sick leave balances;
- Vacation leave balances;
- Compensatory time accrued; and
- Bonus leave balances
It is our understanding that a request has been made for this information as applicable to all employees of the University system.
The North Carolina Public Records Act, Chapter 132 of the General Statutes, requires every custodian of public records to allow for their inspection at reasonable times and under reasonable supervision, and to furnish copies upon payment of fees as prescribed by law. Public records, as defined by NCGS §132-1, are records "made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions, including public universities." Therefore, absent a specific statutory exception, the University system is required to provide the requested public records. See News & Observer Publishing Co. v. Poole, 330 N.C. 465 (1992).
One such exception is found in NCGS §126-22, which restricts the release of "personnel files" of state employees. "Personnel File" is defined as employment-related or personal information gathered by an employer related to an individual's "application, selection, promotion, demotion, transfer, leave, salary, contract for employment, benefits, suspension, performance evaluation, disciplinary actions, and termination." Confidential personnel file information also includes an individual's home address, social security number, medical history, personal financial data, marital status, dependents, and beneficiaries.
This exception, however, must be applied in conjunction with NCGS §126-23 which requires that certain employee information be kept open for public inspection. With respect to each employee, a public record must be maintained showing name, age, date of original employment or appointment to State service, the terms of any employment contract, current position, title, current salary, date and amount of most recent increase or decrease in salary, date of most recent promotion, demotion, transfer, suspension, separation, or other change in position classification, and the office or station to which the employee is currently assigned. In 2007, an amendment to this section further defined the employee information required to be kept open by adding:
For the purposes of this section, the term "salary" includes pay, benefits, incentives, bonuses, and deferred and all other forms of compensation paid by the employing entity.
S.L. 2007-508, s. 4.
You also ask, however, whether the statute requires "leave balances" to be made public. You note that inasmuch as NCGS §126-23 requires that only "current salary" be kept public, an argument can be made that the legislative intent in enacting the 2007 amendment defining "salary" was to require that only "current benefits" be open for inspection. You therefore suggest that accrued leave balances are not "current benefits" and that only amounts of leave earned during a "current" period are required to be kept open.
We are not aware of any case law, regulation, or other guidance which answers this question. Therefore, we agree that under standard principles of statutory construction a plain reading of the 2007 amendment dictates that only "current benefits" must be available for inspection. However, it is our view that "current benefits" includes the amount of accumulated leave time that an employee has available for use at the time the inspection is requested. As such, it is our opinion that NCGS §126-23 requires the University system to provide the accumulated leave time for the employees in question.
In conclusion, it is the opinion of this Office that leave time is a benefit required to be kept open for public inspection in accordance with NCGS §126-23. Sick leave balances, vacation leave balances, bonus leave balances, and compensatory time accrued are therefore current benefits which should be made available for inspection and copying upon request. Please contact me if further assistance is required.
Very truly yours,
Grayson G. Kelley
Chief Deputy Attorney General