| 1 | 1 | | SENATE BILL NO. 1097 A bill to amend 2017 PA 128, entitled "Law enforcement officer separation of service record act," by amending sections 1, 2, 3, and 5 (MCL 28.561, 28.562, 28.563, and 28.565), section 5 as amended by 2018 PA 522, by designating sections 1 and 2 as article 1 and sections 3 to 5 as article 2, and by adding articles 3 and 4. the people of the state of michigan enact: ARTICLE 1 DEFINITIONS Sec. 1. This act shall be known and may be cited as the "law enforcement officer separation of service record act"."law enforcement officer service records act". Sec. 2. As used in this act: (a) "Commission" means the Michigan commission on law enforcement standards created in section 3 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.603. (b) "Former employing law enforcement agency" means a law enforcement agency in this state that was the employer of, or that issued an oath of office to, a law enforcement officer licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, and that was required to maintain an employment history record for that law enforcement officer under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615."Law enforcement officer" means an individual who is licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, or was previously employed as a licensed or certified law enforcement officer in this state. (c) "Separated law enforcement officer" means a law enforcement officer who meets both of the following requirements: (i) Has left employment with a former employing law enforcement agency. (ii) Requests and receives a separation of service record under article 2. (d) "Separating law enforcement officer" means a law enforcement officer who meets all of the following requirements: (i) Is currently employed with a current employing law enforcement agency at the time of requesting a provisional service record under article 3. (ii) Intends to leave the employment with the current employing law enforcement agency to take a position with a prospective employing law enforcement agency. (iii) Requests and receives a provisional service record under article 3. ARTICLE 2 LAW ENFORCEMENT OFFICER SEPARATION OF SERVICE RECORD Sec. 3. (1) In addition to the employment history record required to be maintained under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, by a law enforcement agency, for each officer it employs or for each officer to whom the chief of police of a village, city, or township or county sheriff has administered an oath of office, a former employing law enforcement agency shall create and maintain a separate record regarding the reason or reasons for, and all circumstances surrounding, a separation of service for each law enforcement officer for whom the law enforcement agency is required to maintain an employment history record under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, who subsequently separates from the law enforcement agency or from his or her the law enforcement officer's employment as a licensed law enforcement officer requiring the administration of an oath of office under section 9c or 9d under section 9, 9b, 9c, or 9d of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.609, 28.609b, 28.609c, and 28.609d. The separation of service record required to be maintained under this subsection must contain information required by and be in a form prescribed by the commission and include, but is not limited to, any disciplinary process or investigation against the separated law enforcement officer that was active within 1 year before the date of the law enforcement officer's separation. (2) A former employing law enforcement agency shall finalize a separation of service record within 5 business days after the date of the law enforcement officer's separation. Except as otherwise provided in subsection (5), a separation of service record must not be amended or altered after it has been finalized. (3) Within 3 days after finalizing the separation of service record, a former employing law enforcement agency shall send to a separated law enforcement officer a written notice that includes all the following statements: (a) That the separation of service record has been finalized. (b) That the separated law enforcement officer has the right to review the separation of service record upon written request by that separated law enforcement officer. (c) That the separated law enforcement officer has a right to disagree with the accuracy of the contents of the separation of service record. (d) That, if the separated law enforcement officer disagrees with the accuracy of the contents of the separation of service record, the separated law enforcement officer may request that the former employing law enforcement agency supplement the separation of service record to correct or disclaim the portion the separated law enforcement officer believes is incorrect. (4) (2) The former employing law enforcement agency shall allow a separating separated law enforcement officer to review a record prepared under subsection (1) upon the written request of the separating separated law enforcement officer. A former employing law enforcement agency must provide the separation of service record within 3 days after receiving the written request described under this subsection. (5) (3) If a separating A separated law enforcement officer who disagrees with the accuracy of the contents of the separation of service record prepared under subsection (1), he or she may, within 7 calendar days after receipt of the separation of service record, request the correction or removal disclaimer of the portion of the record he or she the separated law enforcement officer believes is incorrect. On receipt of the request under this subsection, the former employing law enforcement agency and the separated law enforcement officer may, within 7 calendar days after receipt of the request, agree on the contents of the supplement to the separation of service record. If the former employing law enforcement agency and the separating separated law enforcement officer cannot reach an agreement on the contents of the record prepared under subsection (1), supplement to the separation of service record, the separating separated law enforcement officer may, within 7 calendar days after the date to reach an agreement on the contents of the supplement to the separation of service record has expired, submit a written statement explaining the separating separated law enforcement officer's position and the basis for his or her the separated law enforcement officer's disagreement. If a separating separated law enforcement officer submits a timely written statement under this subsection, it must be kept with the separation of service record required under subsection (1) and provided with the rest of the contents of the record as required under section 5. Sec. 5. (1) A law enforcement officer who is licensed or who was previously licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, and was previously employed as a law enforcement officer in this state, who separates from his or her an employing law enforcement agency or from employment as a law enforcement officer, to whom an oath of office has been administered under section 9c or 9d of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.609c and 28.609d, and who subsequently seeks to become reemployed as a licensed law enforcement officer in this state, shall provide to the prospective employing law enforcement agency, upon receiving a conditional offer of application for employment, a signed waiver. A waiver executed under this subsection must expressly allow the prospective employing law enforcement agency to contact the law enforcement officer's former employing law enforcement agency or agencies and seek obtain a copy of the separation of service record regarding the reason or reasons for, and all circumstances surrounding, his or her the separated law enforcement officer's separation of service record created by his or her the separated law enforcement officer's former employing law enforcement agency or agencies under section 3. (2) A waiver under subsection (1) must be executed on a form provided by the commission to all law enforcement agencies in this state that employ or administer oaths of office to law enforcement officers licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, to enforce the laws of this state. The prospective employing law enforcement agency is responsible for providing the waiver executed under subsection (1) to the former employing law enforcement agency or agencies. (3) Upon receipt of the waiver executed under subsection (1), a former employing law enforcement agency shall provide, along with other information required or allowed to be provided by law, a written copy of the separation of service record required under section 3 to the prospective employing law enforcement agency. (4) A prospective employing law enforcement agency shall not hire a law enforcement officer to whom subsection (1) applies unless the prospective employing law enforcement agency receives the record created under section 3 from the law enforcement officer's former employing law enforcement agency or agencies. (5) 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 that 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. (6) A prospective employing law enforcement agency that receives a record maintained under section 3 from the law enforcement officer's former employing law enforcement agency or agencies shall, upon written request from the commission, provide a copy of the record requested to the commission for the purpose of determining compliance with licensing standards and procedures under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615. (7) A law enforcement agency that is required to maintain a record under section 3 shall, upon written request from the commission, provide a copy of the record requested to the commission for the purpose of determining compliance with licensing standards and procedures under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615. ARTICLE 3 LAW ENFORCEMENT OFFICER PROVISIONAL SERVICE RECORD Sec. 6. In addition to the employment history record required to be maintained under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, and the separation of service record required to be created and maintained under article 2, a current employing law enforcement agency may, on receipt of the waiver described under section 7, create and maintain a provisional service record for a separating law enforcement officer. The provisional service record required to be maintained under this subsection must contain information required by and be in a form prescribed by the commission and include, but is not limited to, any disciplinary process, performance plan, or investigation against the separating law enforcement officer by any law enforcement agency that was active within 1 year before the date of the separating law enforcement officer's request for the provisional service record. Sec. 7 (1) A separating law enforcement officer who requests a provisional service record under section 6 shall provide to the prospective employing law enforcement agency, upon receiving a conditional offer of application for employment, a signed waiver. A waiver executed under this subsection must expressly allow the prospective employing law enforcement agency to contact the current employing law enforcement agency to obtain a copy of the provisional service record. (2) A current employing law enforcement agency shall finalize the provisional service record within 5 business days after the receipt of the waiver described under subsection (1). Except as otherwise provided in subsection (5), a provisional service record must not be amended or altered after it has been finalized. (3) Within 3 days after finalizing the provisional service record, a current employing law enforcement agency shall send to a separating law enforcement officer a written notice that includes all of the following statements: (a) That the provisional service record has been finalized. (b) That the separating law enforcement officer has the right to review the provisional service record upon written request by that separating law enforcement officer. (c) That the separating law enforcement officer has a right to disagree with the accuracy of the contents of the provisional service record. (d) That if the separating law enforcement officer disagrees with the accuracy of the contents of the provisional service record, the separating law enforcement officer may request that the current employing law enforcement agency supplement the provisional service record to correct or disclaim the portion the separating law enforcement officer believes is incorrect. (4) The current employing law enforcement agency shall allow a separating law enforcement officer to review the provisional service record upon the written request of the separating law enforcement officer. A current employing law enforcement agency must provide the provisional service record within 3 days after receiving the written request described under this subsection. (5) A separating law enforcement officer who disagrees with the accuracy of the contents of the provisional service record prepared under section 6 may, within 7 calendar days after receipt of the provisional service record, request the correction or disclaimer of the portion of the provisional service record the separating law enforcement officer believes is incorrect. On receipt of the request under this subsection, the current employing law enforcement agency and the separating law enforcement officer may, within 7 calendar days after receipt of the request, agree on the contents of the supplement to the provisional service record. If the current employing law enforcement agency and the separating law enforcement officer cannot reach an agreement on the contents of the supplement to the provisional service record, the separating law enforcement officer may, within 7 calendar days after the date to reach an agreement on the contents of the supplement to the provisional service record has expired, submit a written statement explaining the separating law enforcement officer's position and the basis for the separating law enforcement officer's disagreement. If a separating law enforcement officer submits a timely written statement under this subsection, the request must be kept with the provisional service record required under section 6 and provided with the rest of the contents of the provisional service record as required under this article. ARTICLE 4 GENERAL PROVISIONS Sec. 9. A law enforcement agency that discloses information under this act in good faith after receipt of a waiver executed under article 2 or 3 is immune from civil liability for the disclosure. A law enforcement agency is conducting a government function and is presumed to be acting in good faith at the time of a disclosure under this act unless a preponderance of the evidence establishes 1 or more of the following: (a) That the law enforcement agency knew that the information disclosed was false or misleading. (b) That the 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. Sec. 10. (1) A prospective employing law enforcement agency that receives a separation of service record maintained under section 3 from the separated law enforcement officer's former employing law enforcement agency or a provisional service record prepared under section 6 from the separating law enforcement officer's current employing law enforcement agency shall, upon written request from the commission, provide a copy of the separation of service record or provisional service record requested to the commission for the purpose of determining compliance with licensing standards and procedures under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615. (2) A law enforcement agency that is required to create and maintain a separation of service record under section 3 or provisional service record under section 6 shall, upon written request from the commission, provide a copy of the separation of service record or provisional service record requested to the commission for the purpose of determining compliance with licensing standards and procedures under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615. Sec. 11. (1) The creation and maintenance of a separation of service record under article 2 does not relieve a law enforcement agency from its obligation to create a provisional service record if a separating law enforcement officer requests the creation of the provisional service record before the law enforcement officer separates from that law enforcement agency. (2) The creation and maintenance of a provisional service record under article 3 does not relieve a law enforcement agency from its obligation to create a separation of service record after a law enforcement officer separates from that law enforcement agency. |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | |
|---|
| 17 | 17 | | |
|---|
| 18 | 18 | | |
|---|
| 19 | 19 | | |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | |
|---|
| 23 | 23 | | SENATE BILL NO. 1097 |
|---|
| 24 | 24 | | |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | |
|---|
| 27 | 27 | | A bill to amend 2017 PA 128, entitled |
|---|
| 28 | 28 | | |
|---|
| 29 | 29 | | "Law enforcement officer separation of service record act," |
|---|
| 30 | 30 | | |
|---|
| 31 | 31 | | by amending sections 1, 2, 3, and 5 (MCL 28.561, 28.562, 28.563, and 28.565), section 5 as amended by 2018 PA 522, by designating sections 1 and 2 as article 1 and sections 3 to 5 as article 2, and by adding articles 3 and 4. |
|---|
| 32 | 32 | | |
|---|
| 33 | 33 | | the people of the state of michigan enact: |
|---|
| 34 | 34 | | |
|---|
| 35 | 35 | | ARTICLE 1 |
|---|
| 36 | 36 | | |
|---|
| 37 | 37 | | DEFINITIONS |
|---|
| 38 | 38 | | |
|---|
| 39 | 39 | | Sec. 1. This act shall be known and may be cited as the "law enforcement officer separation of service record act"."law enforcement officer service records act". |
|---|
| 40 | 40 | | |
|---|
| 41 | 41 | | Sec. 2. As used in this act: |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | (a) "Commission" means the Michigan commission on law enforcement standards created in section 3 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.603. |
|---|
| 44 | 44 | | |
|---|
| 45 | 45 | | (b) "Former employing law enforcement agency" means a law enforcement agency in this state that was the employer of, or that issued an oath of office to, a law enforcement officer licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, and that was required to maintain an employment history record for that law enforcement officer under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615."Law enforcement officer" means an individual who is licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, or was previously employed as a licensed or certified law enforcement officer in this state. |
|---|
| 46 | 46 | | |
|---|
| 47 | 47 | | (c) "Separated law enforcement officer" means a law enforcement officer who meets both of the following requirements: |
|---|
| 48 | 48 | | |
|---|
| 49 | 49 | | (i) Has left employment with a former employing law enforcement agency. |
|---|
| 50 | 50 | | |
|---|
| 51 | 51 | | (ii) Requests and receives a separation of service record under article 2. |
|---|
| 52 | 52 | | |
|---|
| 53 | 53 | | (d) "Separating law enforcement officer" means a law enforcement officer who meets all of the following requirements: |
|---|
| 54 | 54 | | |
|---|
| 55 | 55 | | (i) Is currently employed with a current employing law enforcement agency at the time of requesting a provisional service record under article 3. |
|---|
| 56 | 56 | | |
|---|
| 57 | 57 | | (ii) Intends to leave the employment with the current employing law enforcement agency to take a position with a prospective employing law enforcement agency. |
|---|
| 58 | 58 | | |
|---|
| 59 | 59 | | (iii) Requests and receives a provisional service record under article 3. |
|---|
| 60 | 60 | | |
|---|
| 61 | 61 | | ARTICLE 2 |
|---|
| 62 | 62 | | |
|---|
| 63 | 63 | | LAW ENFORCEMENT OFFICER SEPARATION OF SERVICE RECORD |
|---|
| 64 | 64 | | |
|---|
| 65 | 65 | | Sec. 3. (1) In addition to the employment history record required to be maintained under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, by a law enforcement agency, for each officer it employs or for each officer to whom the chief of police of a village, city, or township or county sheriff has administered an oath of office, a former employing law enforcement agency shall create and maintain a separate record regarding the reason or reasons for, and all circumstances surrounding, a separation of service for each law enforcement officer for whom the law enforcement agency is required to maintain an employment history record under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, who subsequently separates from the law enforcement agency or from his or her the law enforcement officer's employment as a licensed law enforcement officer requiring the administration of an oath of office under section 9c or 9d under section 9, 9b, 9c, or 9d of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.609, 28.609b, 28.609c, and 28.609d. The separation of service record required to be maintained under this subsection must contain information required by and be in a form prescribed by the commission and include, but is not limited to, any disciplinary process or investigation against the separated law enforcement officer that was active within 1 year before the date of the law enforcement officer's separation. |
|---|
| 66 | 66 | | |
|---|
| 67 | 67 | | (2) A former employing law enforcement agency shall finalize a separation of service record within 5 business days after the date of the law enforcement officer's separation. Except as otherwise provided in subsection (5), a separation of service record must not be amended or altered after it has been finalized. |
|---|
| 68 | 68 | | |
|---|
| 69 | 69 | | (3) Within 3 days after finalizing the separation of service record, a former employing law enforcement agency shall send to a separated law enforcement officer a written notice that includes all the following statements: |
|---|
| 70 | 70 | | |
|---|
| 71 | 71 | | (a) That the separation of service record has been finalized. |
|---|
| 72 | 72 | | |
|---|
| 73 | 73 | | (b) That the separated law enforcement officer has the right to review the separation of service record upon written request by that separated law enforcement officer. |
|---|
| 74 | 74 | | |
|---|
| 75 | 75 | | (c) That the separated law enforcement officer has a right to disagree with the accuracy of the contents of the separation of service record. |
|---|
| 76 | 76 | | |
|---|
| 77 | 77 | | (d) That, if the separated law enforcement officer disagrees with the accuracy of the contents of the separation of service record, the separated law enforcement officer may request that the former employing law enforcement agency supplement the separation of service record to correct or disclaim the portion the separated law enforcement officer believes is incorrect. |
|---|
| 78 | 78 | | |
|---|
| 79 | 79 | | (4) (2) The former employing law enforcement agency shall allow a separating separated law enforcement officer to review a record prepared under subsection (1) upon the written request of the separating separated law enforcement officer. A former employing law enforcement agency must provide the separation of service record within 3 days after receiving the written request described under this subsection. |
|---|
| 80 | 80 | | |
|---|
| 81 | 81 | | (5) (3) If a separating A separated law enforcement officer who disagrees with the accuracy of the contents of the separation of service record prepared under subsection (1), he or she may, within 7 calendar days after receipt of the separation of service record, request the correction or removal disclaimer of the portion of the record he or she the separated law enforcement officer believes is incorrect. On receipt of the request under this subsection, the former employing law enforcement agency and the separated law enforcement officer may, within 7 calendar days after receipt of the request, agree on the contents of the supplement to the separation of service record. If the former employing law enforcement agency and the separating separated law enforcement officer cannot reach an agreement on the contents of the record prepared under subsection (1), supplement to the separation of service record, the separating separated law enforcement officer may, within 7 calendar days after the date to reach an agreement on the contents of the supplement to the separation of service record has expired, submit a written statement explaining the separating separated law enforcement officer's position and the basis for his or her the separated law enforcement officer's disagreement. If a separating separated law enforcement officer submits a timely written statement under this subsection, it must be kept with the separation of service record required under subsection (1) and provided with the rest of the contents of the record as required under section 5. |
|---|
| 82 | 82 | | |
|---|
| 83 | 83 | | Sec. 5. (1) A law enforcement officer who is licensed or who was previously licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, and was previously employed as a law enforcement officer in this state, who separates from his or her an employing law enforcement agency or from employment as a law enforcement officer, to whom an oath of office has been administered under section 9c or 9d of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.609c and 28.609d, and who subsequently seeks to become reemployed as a licensed law enforcement officer in this state, shall provide to the prospective employing law enforcement agency, upon receiving a conditional offer of application for employment, a signed waiver. A waiver executed under this subsection must expressly allow the prospective employing law enforcement agency to contact the law enforcement officer's former employing law enforcement agency or agencies and seek obtain a copy of the separation of service record regarding the reason or reasons for, and all circumstances surrounding, his or her the separated law enforcement officer's separation of service record created by his or her the separated law enforcement officer's former employing law enforcement agency or agencies under section 3. |
|---|
| 84 | 84 | | |
|---|
| 85 | 85 | | (2) A waiver under subsection (1) must be executed on a form provided by the commission to all law enforcement agencies in this state that employ or administer oaths of office to law enforcement officers licensed under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, to enforce the laws of this state. The prospective employing law enforcement agency is responsible for providing the waiver executed under subsection (1) to the former employing law enforcement agency or agencies. |
|---|
| 86 | 86 | | |
|---|
| 87 | 87 | | (3) Upon receipt of the waiver executed under subsection (1), a former employing law enforcement agency shall provide, along with other information required or allowed to be provided by law, a written copy of the separation of service record required under section 3 to the prospective employing law enforcement agency. |
|---|
| 88 | 88 | | |
|---|
| 89 | 89 | | (4) A prospective employing law enforcement agency shall not hire a law enforcement officer to whom subsection (1) applies unless the prospective employing law enforcement agency receives the record created under section 3 from the law enforcement officer's former employing law enforcement agency or agencies. |
|---|
| 90 | 90 | | |
|---|
| 91 | 91 | | (5) 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: |
|---|
| 92 | 92 | | |
|---|
| 93 | 93 | | (a) That the former employing law enforcement agency knew that the information disclosed was false or misleading. |
|---|
| 94 | 94 | | |
|---|
| 95 | 95 | | (b) That the former employing law enforcement agency disclosed the information with a reckless disregard for the truth. |
|---|
| 96 | 96 | | |
|---|
| 97 | 97 | | (c) That the disclosure was specifically prohibited by a state or federal statute. |
|---|
| 98 | 98 | | |
|---|
| 99 | 99 | | (6) A prospective employing law enforcement agency that receives a record maintained under section 3 from the law enforcement officer's former employing law enforcement agency or agencies shall, upon written request from the commission, provide a copy of the record requested to the commission for the purpose of determining compliance with licensing standards and procedures under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615. |
|---|
| 100 | 100 | | |
|---|
| 101 | 101 | | (7) A law enforcement agency that is required to maintain a record under section 3 shall, upon written request from the commission, provide a copy of the record requested to the commission for the purpose of determining compliance with licensing standards and procedures under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615. |
|---|
| 102 | 102 | | |
|---|
| 103 | 103 | | ARTICLE 3 |
|---|
| 104 | 104 | | |
|---|
| 105 | 105 | | LAW ENFORCEMENT OFFICER PROVISIONAL SERVICE RECORD |
|---|
| 106 | 106 | | |
|---|
| 107 | 107 | | Sec. 6. In addition to the employment history record required to be maintained under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, and the separation of service record required to be created and maintained under article 2, a current employing law enforcement agency may, on receipt of the waiver described under section 7, create and maintain a provisional service record for a separating law enforcement officer. The provisional service record required to be maintained under this subsection must contain information required by and be in a form prescribed by the commission and include, but is not limited to, any disciplinary process, performance plan, or investigation against the separating law enforcement officer by any law enforcement agency that was active within 1 year before the date of the separating law enforcement officer's request for the provisional service record. |
|---|
| 108 | 108 | | |
|---|
| 109 | 109 | | Sec. 7 (1) A separating law enforcement officer who requests a provisional service record under section 6 shall provide to the prospective employing law enforcement agency, upon receiving a conditional offer of application for employment, a signed waiver. A waiver executed under this subsection must expressly allow the prospective employing law enforcement agency to contact the current employing law enforcement agency to obtain a copy of the provisional service record. |
|---|
| 110 | 110 | | |
|---|
| 111 | 111 | | (2) A current employing law enforcement agency shall finalize the provisional service record within 5 business days after the receipt of the waiver described under subsection (1). Except as otherwise provided in subsection (5), a provisional service record must not be amended or altered after it has been finalized. |
|---|
| 112 | 112 | | |
|---|
| 113 | 113 | | (3) Within 3 days after finalizing the provisional service record, a current employing law enforcement agency shall send to a separating law enforcement officer a written notice that includes all of the following statements: |
|---|
| 114 | 114 | | |
|---|
| 115 | 115 | | (a) That the provisional service record has been finalized. |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | (b) That the separating law enforcement officer has the right to review the provisional service record upon written request by that separating law enforcement officer. |
|---|
| 118 | 118 | | |
|---|
| 119 | 119 | | (c) That the separating law enforcement officer has a right to disagree with the accuracy of the contents of the provisional service record. |
|---|
| 120 | 120 | | |
|---|
| 121 | 121 | | (d) That if the separating law enforcement officer disagrees with the accuracy of the contents of the provisional service record, the separating law enforcement officer may request that the current employing law enforcement agency supplement the provisional service record to correct or disclaim the portion the separating law enforcement officer believes is incorrect. |
|---|
| 122 | 122 | | |
|---|
| 123 | 123 | | (4) The current employing law enforcement agency shall allow a separating law enforcement officer to review the provisional service record upon the written request of the separating law enforcement officer. A current employing law enforcement agency must provide the provisional service record within 3 days after receiving the written request described under this subsection. |
|---|
| 124 | 124 | | |
|---|
| 125 | 125 | | (5) A separating law enforcement officer who disagrees with the accuracy of the contents of the provisional service record prepared under section 6 may, within 7 calendar days after receipt of the provisional service record, request the correction or disclaimer of the portion of the provisional service record the separating law enforcement officer believes is incorrect. On receipt of the request under this subsection, the current employing law enforcement agency and the separating law enforcement officer may, within 7 calendar days after receipt of the request, agree on the contents of the supplement to the provisional service record. If the current employing law enforcement agency and the separating law enforcement officer cannot reach an agreement on the contents of the supplement to the provisional service record, the separating law enforcement officer may, within 7 calendar days after the date to reach an agreement on the contents of the supplement to the provisional service record has expired, submit a written statement explaining the separating law enforcement officer's position and the basis for the separating law enforcement officer's disagreement. If a separating law enforcement officer submits a timely written statement under this subsection, the request must be kept with the provisional service record required under section 6 and provided with the rest of the contents of the provisional service record as required under this article. |
|---|
| 126 | 126 | | |
|---|
| 127 | 127 | | ARTICLE 4 |
|---|
| 128 | 128 | | |
|---|
| 129 | 129 | | GENERAL PROVISIONS |
|---|
| 130 | 130 | | |
|---|
| 131 | 131 | | Sec. 9. A law enforcement agency that discloses information under this act in good faith after receipt of a waiver executed under article 2 or 3 is immune from civil liability for the disclosure. A law enforcement agency is conducting a government function and is presumed to be acting in good faith at the time of a disclosure under this act unless a preponderance of the evidence establishes 1 or more of the following: |
|---|
| 132 | 132 | | |
|---|
| 133 | 133 | | (a) That the law enforcement agency knew that the information disclosed was false or misleading. |
|---|
| 134 | 134 | | |
|---|
| 135 | 135 | | (b) That the law enforcement agency disclosed the information with a reckless disregard for the truth. |
|---|
| 136 | 136 | | |
|---|
| 137 | 137 | | (c) That the disclosure was specifically prohibited by a state or federal statute. |
|---|
| 138 | 138 | | |
|---|
| 139 | 139 | | Sec. 10. (1) A prospective employing law enforcement agency that receives a separation of service record maintained under section 3 from the separated law enforcement officer's former employing law enforcement agency or a provisional service record prepared under section 6 from the separating law enforcement officer's current employing law enforcement agency shall, upon written request from the commission, provide a copy of the separation of service record or provisional service record requested to the commission for the purpose of determining compliance with licensing standards and procedures under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615. |
|---|
| 140 | 140 | | |
|---|
| 141 | 141 | | (2) A law enforcement agency that is required to create and maintain a separation of service record under section 3 or provisional service record under section 6 shall, upon written request from the commission, provide a copy of the separation of service record or provisional service record requested to the commission for the purpose of determining compliance with licensing standards and procedures under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615. |
|---|
| 142 | 142 | | |
|---|
| 143 | 143 | | Sec. 11. (1) The creation and maintenance of a separation of service record under article 2 does not relieve a law enforcement agency from its obligation to create a provisional service record if a separating law enforcement officer requests the creation of the provisional service record before the law enforcement officer separates from that law enforcement agency. |
|---|
| 144 | 144 | | |
|---|
| 145 | 145 | | (2) The creation and maintenance of a provisional service record under article 3 does not relieve a law enforcement agency from its obligation to create a separation of service record after a law enforcement officer separates from that law enforcement agency. |
|---|