What is the proper response to a subpoena for personnel records?
Responding to a subpoena for personnel records is potentially simpler than responding to a subpoena for student records, but similar principles apply. G.S. 115C-321 does not require that you give notice to the employee before complying with a subpoena, although there is no bar to doing so. There also is no requirement that you keep a record of the information that you disclose, but it may be wise to do so. A permissible response to a subpoena for personnel records is to appear at the proceeding with the requested records and, unless the employee or another person contests the subpoena, release them when called as a witness. Apparently, an order of a judge is not required before disclosure, although you may want the protection of one.[38] If you are subpoenaed to a proceeding in court, you may advise the judge that the records are confidential and ask the judge to rule on whether they should be disclosed. (See Question 25, above, for a further discussion of this option.) Alternatively,
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