Michigan House Bill HB6116

Michigan 2023-2024 Regular Session

• Introduced: 12/10/24
• Refer: 11/14/24
• Report Pass: 12/10/24

Caption

Law enforcement: records; reference to the law enforcement officer separation of service record act; update. Amends secs. 7 & 9 of 1978 PA 397 (MCL 423.507 & 423.509). TIE BAR WITH: HB 6115'24

Impact

The amendment aims to impact the way employers manage personnel records, particularly in the context of criminal investigations. It allows employers, under specific circumstances, to maintain a separate investigative file if they suspect criminal activity by an employee. Employers are obliged to inform the employee of such investigations and must destroy any files if no disciplinary action is taken after two years. This balance between employer rights to investigate potential misconduct and the employees' privacy rights is a critical aspect of the bill.

Summary

House Bill 6116 seeks to amend the Bullard-Plawecki Employee Right to Know Act, specifically sections 7 and 9, to address the handling of personnel records in relation to disciplinary actions. The bill mandates that employers must review records prior to releasing them to third parties and stipulates that any disciplinary reports, letters of reprimand, or actions older than four years must be deleted unless certain exceptions apply. Such exceptions include legal actions, arbitrations, or requests from law enforcement agencies for compliance verification. This legislative change highlights a move towards increased employee privacy concerning their disciplinary history.

Contention

Notably, the bill faces points of contention, especially regarding the period of record retention and the criteria for deleting disciplinary actions. Critics may argue that four years is not a sufficient time frame to judge an employee's character based on past mistakes. Furthermore, the confidentiality surrounding investigative files can also be a double-edged sword; while it protects employees' rights, it could potentially hinder transparency in employer practices. Balancing the interests of employers and employees is likely to be a significant discussion point as the bill progresses through the legislative process.