53-14-101 - Law enforcement and training academy applicants -- Employer background information.
53-14-101. Law enforcement and training academy applicants -- Employerbackground information.
(1) As used in this section:
(a) "Director" means the director of a certified law enforcement officer training academy.
(b) "Employer" includes a public employer and a private employer.
(c) "Law enforcement agency" has the same definition as in Section 53-1-102.
(d) "Law enforcement officer" has the same definition as in Section 53-13-103, andincludes those officers in administrative positions.
(e) "Training academy" means a peace officer training institution certified in accordancewith the standards developed under Section 53-6-105.
(2) A current or former employer and the director of any training academy an applicanthas attended or graduated from shall provide available information in accordance with thissection regarding an applicant if the request complies with Subsection (3) and is submitted by:
(a) a law enforcement agency regarding an applicant for an employment position; or
(b) the director of a law enforcement training academy for which the applicant requestsadmission under Section 53-6-203.
(3) The request for information pursuant to Subsection (2) shall be:
(a) in writing;
(b) accompanied by an authorization signed by the applicant and notarized by a notarypublic, in which the applicant consents to the release of the requested information and releasesthe employer or training academy providing the information from liability; and
(c) addressed to the employer or director and signed by a sworn officer or otherauthorized representative of the requesting law enforcement agency or the academy.
(4) The information that a law enforcement agency or the director of an academy mayrequest pursuant to Subsection (2) includes:
(a) the date on which the applicant began his employment and, if applicable, the date onwhich the employment of the applicant was terminated;
(b) a list of the compensation that the employer provided to the applicant during thecourse of the employment;
(c) a copy of the application for a position of employment that the applicant submitted tothe employer;
(d) a written evaluation of the performance of the applicant;
(e) a record of the attendance of the applicant;
(f) a record of disciplinary action taken against the applicant;
(g) a statement regarding whether the employer would rehire the applicant and, if theemployer would not rehire the applicant, the reasons why;
(h) if applicable, a record setting forth the reason that the employment of the applicantwas terminated and whether the termination was voluntary or involuntary;
(i) the record of any final action regarding an applicant's peace officer certification that isbased on an investigation concerning the applicant's qualification for certification; and
(j) notice of any pending or ongoing investigation regarding the applicant's certificationas a peace officer.
(5) (a) In the absence of fraud or malice, an employer or training academy is not subjectto any civil liability for any relevant cause of action by releasing employment informationrequested under this section.
(b) This section does not in any way or manner abrogate or lessen the existing commonlaw or statutory privileges and immunities of an employer.
(c) An employer or training academy may not provide information pursuant toSubsection (2) if the disclosure of the information is prohibited pursuant to federal or state law.
(6) An employer's refusal to disclose information to a law enforcement agency inaccordance with this section constitutes grounds for a civil action by the requesting agency forinjunctive relief requiring disclosure on the part of an employer.
(7) (a) (i) A law enforcement agency may use the information received pursuant to thissection only to determine the suitability of an applicant for employment.
(ii) A director may use the information received pursuant to this section only todetermine the suitability of an applicant for acceptance at the training academy.
(b) Except as otherwise provided in Subsection (7)(c), a law enforcement agency and adirector shall maintain the confidentiality of information received pursuant to this section.
(c) (i) A law enforcement agency may share information regarding an applicant that itreceives pursuant to this section with another law enforcement agency if:
(A) the applicant is also an applicant for any employment position with the other lawenforcement agency; and
(B) the confidentiality of the information is otherwise maintained.
(ii) A director may share information regarding an applicant that is received pursuant tothis section with another training academy if:
(A) the applicant is an applicant for acceptance at the other training academy; and
(B) the confidentiality of the information is otherwise maintained.
(iii) A director may share information regarding an applicant, attendee, or graduate of atraining academy that is received pursuant to this section with a law enforcement agency if:
(A) the applicant is applying for a position as a peace officer with the law enforcementagency; and
(B) the confidentiality of the information is otherwise maintained.
(8) This section applies to requests submitted to employers on and after July 1, 2003 foremployment information under this section.
Amended by Chapter 62, 2004 General Session