June 8, 2016, Introduced by Senators JONES, BIEDA, NOFS and SCHUITMAKER and referred to the Committee on Judiciary.
A bill to amend 1965 PA 203, entitled
"Commission on law enforcement standards act,"
(MCL 28.601 to 28.616) by adding sections 9e and 9f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9e. (1) In addition to the employment history record
required to be maintained under section 9d by a law enforcement
agency for each officer it employs, a law enforcement agency shall
maintain a record regarding the reason or reasons for, and
circumstances surrounding, a separation of service for each law
enforcement officer the agency employs who subsequently separates
from the law enforcement agency.
(2) The law enforcement agency shall allow a separating law
enforcement officer to review a record prepared under subsection
(1) upon the request of the separating officer.
(3) If a separating law enforcement officer disagrees with the
accuracy of the contents of the record prepared under subsection
(1), he or she may request the correction or removal of the portion
of the record he or she believes is incorrect. If the law
enforcement agency and the separating law enforcement officer
cannot reach an agreement on the contents of the record prepared
under subsection (1), the separating law enforcement officer may
submit a written statement explaining the separating law
enforcement officer's position and the basis for his or her
disagreement. If a separating law enforcement officer submits a
written statement under this subsection, it shall be kept with the
record required under subsection (1) and provided with the rest of
the contents of the record as required under section 9f.
Sec. 9f. (1) A law enforcement officer who is certified under
this act and was previously employed as a law enforcement officer
in this state, who separates from his or her employing law
enforcement agency, and who subsequently seeks to become reemployed
as a law enforcement officer with a different law enforcement
agency in this state shall provide to the prospective employing law
enforcement agency, upon offer of employment, a signed waiver. A
waiver executed under this subsection shall expressly allow the
prospective employing law enforcement agency to contact the law
enforcement officer's former employing law enforcement agency and
seek a copy of the record regarding the reason or reasons for, and
circumstances surrounding, his or her separation of service created
by his or her former employing law enforcement agency under section
9e.
(2) A waiver under subsection (1) shall be executed on a form
provided by the commission to all law enforcement agencies in this
state that employ law enforcement officers certified under this
act. The prospective employing law enforcement agency is
responsible for providing the waiver executed under subsection (1)
to the former employing law enforcement agency.
(3) Upon receipt of the waiver executed under subsection (1),
the former employing law enforcement agency shall provide, along
with other information required or allowed to be provided by law, a
copy of the record required under section 9e to the prospective
employing law enforcement agency.
(4) A former employing law enforcement agency that discloses
information under this section in good faith after receipt of a
waiver executed under subsection (1) is immune from civil liability
for the disclosure. A former employing law enforcement agency is
presumed to be acting in good faith at the time of a disclosure
under this section unless a preponderance of the evidence
establishes 1 or more of the following:
(a) That the former employing law enforcement agency knew the
information disclosed was false or misleading.
(b) That the former employing law enforcement agency disclosed
the information with a reckless disregard for the truth.
(c) That the disclosure was specifically prohibited by a state
or federal statute.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.