(a) As used in this Code section, the term:

(1) "Counseling session" means any discussions or meetings between a state employee or other employee covered by the state merit system and an official or other employee of the state merit system, which discussions or meetings are conducted under an official program established by the commissioner.

(2) "Information" means any written document or material acquired or produced as a part of a counseling session or the contents thereof and the contents of any discussions held as a part of a counseling session.

(3) "Program" means the employee relations counseling function established by the commissioner under which a covered employee is entitled to confidential counseling with regard to job related problems.

(b) Except as provided in subsections (c), (d), and (e) of this Code section, information received or developed by the merit system staff in performing its counseling functions shall be maintained as confidential by the merit system and shall not be subject to disclosure by the merit system unless such information relates directly to proof of the possible violation of a criminal statute.

(c) Information may be disclosed if such disclosure is authorized, in writing, by all parties to the counseling session in which the information was produced.

(d)(1) Nothing contained in this Code section shall be construed to prohibit any person from disclosing any fact the knowledge of which was obtained independently of a counseling session.

(2) The state merit system counselor may disclose information obtained in a counseling session to a manager of the state merit system for the purpose of employee counseling. Any such disclosure shall be confidential and the person to whom the information is disclosed shall be subject to the restrictions contained in subsection (b) of this Code section.

(e) Information received by a state merit system counselor during a counseling session, which information indicates that unlawful activity is being conducted in the employee's agency, may be disclosed to the commissioner. The commissioner may then notify the commissioner of any agency involved, the Governor, or the Attorney General for appropriate action.

(f) Any hearing before the board or one of its hearing officers regarding the dismissal of a state employee covered by the merit system must be held in the county in which the employee is employed unless all parties agree to another location.