Law enforcement and training academy applicants -- Employer background information.
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(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 and includes the human resource officer for the 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, and includes those officers in administrative positions.
(e) "Training academy" means a peace officer training institution certified in accordance with the standards developed under Section 53-6-105.
(2) A current or former employer and the director of any training academy an applicant has attended or graduated from shall provide all available information in accordance with this section 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 requests admission 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 notary public, in which the applicant consents to the release of the requested information and releases the employer or training academy providing the information from liability; and
(c) addressed to the employer or director and signed by a sworn officer or other authorized representative of the requesting law enforcement agency or the academy.
(4) The information that a law enforcement agency or the director of an academy shall request pursuant to Subsection (2) includes:
(a) the date on which the applicant's employment commenced and, if applicable, the date on which applicant's employment was terminated;
(b) a list of the compensation that the employer provided to the applicant during the course of the employment;
(c) a copy of the application for a position of employment that the applicant submitted to the 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 the employer would not rehire the applicant, the reasons why;
(h) if applicable, a record setting forth the reason that the employment of the applicant was terminated and whether the termination was voluntary or involuntary;
(i) the record of any final action regarding an applicant's peace officer certification that is based on an investigation concerning the applicant's qualification for certification; and
(j) notice of any pending or ongoing investigation regarding the applicant's certification as a peace officer.
(5)
(a) In the absence of fraud or malice, an employer or training academy is not subject to any civil liability for any relevant cause of action by releasing employment information requested under this section.
(b) This section does not in any way or manner abrogate or lessen the existing common law or statutory privileges and immunities of an employer.
(c) An employer or training academy may not provide information pursuant to Subsection (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 in accordance with this section constitutes grounds for a civil action by the requesting agency for injunctive relief requiring disclosure on the part of an employer.
(7)
(a)
(i) A law enforcement agency may use the information received pursuant to this section only to determine the suitability of an applicant for employment.
(ii) A director may use the information received pursuant to this section only to determine the suitability of an applicant for acceptance at the training academy.
(b) Except as otherwise provided in Subsection (7)(c), the recipient law enforcement agency and director shall maintain the confidentiality of information received pursuant to this section.
(c)
(i) A law enforcement agency shall share information regarding an applicant that it receives pursuant to this section with another law enforcement agency if:
(A) the information is requested by the other law enforcement agency in accordance with this section;
(B) the applicant is also an applicant for any employment position with the other law enforcement agency; and
(C) the confidentiality of the information is otherwise maintained.
(ii) A director shall share information regarding an applicant that is received pursuant to this section with another training academy if:
(A) the information is requested by the other training academy in accordance with this section;
(B) the applicant is an applicant for acceptance at the other training academy; and
(C) the confidentiality of the information is otherwise maintained.
(iii) A director shall share information regarding an applicant, attendee, or graduate of a training academy that is received pursuant to this section with a law enforcement agency if:
(A) the information is requested by the law enforcement agency in accordance with this section;
(B) the applicant is applying for a position as a peace officer with the law enforcement agency; and
(C) the confidentiality of the information is otherwise maintained.
(8) This section applies to requests submitted to employers on and after July 1, 2020 for employment information under this section.