(1) A municipal police department or town marshal's office shall require each candidate that it interviews for a peace officer position who has been employed by another law enforcement agency or governmental agency to execute a written waiver that explicitly authorizes each law enforcement agency or governmental agency that has employed the candidate to disclose the applicant's files, including internal affairs files, to the municipal police department or town marshal's office interviewing the candidate and releases the interviewing agency and each law enforcement agency or governmental agency that employed the candidate from any liability related to the use and disclosure of the files. A law enforcement agency or governmental agency may disclose the applicant's files by either providing copies or allowing the municipal police department or town marshal's office to review the files at the law enforcement agency's office or governmental agency's office. A candidate who refuses to execute the waiver shall not be considered for employment by the department or office. The department or office interviewing the candidate shall, at least twenty-one days prior to making the hiring decision, submit the waiver to each law enforcement agency or governmental agency that has employed the candidate. A state or local law enforcement agency or governmental agency that receives such a waiver shall provide the disclosure to the municipal police department or town marshal's office that is interviewing the candidate not more than twenty-one days after such receipt.
A state or local law enforcement agency is not required to provide the disclosuresdescribed in subsection (1) of this section if the agency is prohibited from providing the disclosure pursuant to a binding nondisclosure agreement to which the agency is a party, which agreement was executed before June 10, 2016.
A state or local law enforcement agency or governmental agency is not liable forcomplying with the provisions of this section or participating in an official oral interview with an investigator regarding the candidate.
As used in this section, unless the context otherwise requires:
"Files" means all performance reviews, any other files related to job performance,administrative files, grievances, previous personnel applications, personnel-related claims, disciplinary actions, and all complaints, early warnings, and commendations, but does not include nonperformance or conduct-related data, including medical files, schedules, pay and benefit information, or similar administrative data or information.
"State or local law enforcement agency" means:
The Colorado state patrol created pursuant to section 24-33.5-201, C.R.S.;
The Colorado bureau of investigation created pursuant to section 24-33.5-401,
C.R.S.;
A county sheriff's office;
A municipal police department;
The division of parks and wildlife within the department of natural resources createdpursuant to section 24-1-124, C.R.S.; or (VI) A town marshal's office.
Source: L. 2016: Entire section added, (HB 16-1262), ch. 339, p. 1384, § 4, effective June 10.