§ 24-33.5-115 — Peace officer hiring - required use of waiver - definitions

Colorado § 24-33.5-115

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Public Safety

Text

(1) A
state or local law enforcement agency, including higher education law enforcement
agencies and public transit law enforcement agencies, shall require each candidate
that receives a conditional job offer 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 state or local law enforcement agency
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
interviewing agency 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 interviewing agency. The agency
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 agency that is considering the candidate for employment not more than twenty-one days after such receipt. A law enforcement agency or governmental agency
that submits the waiver to another agency and does not receive the disclosure shall
report that fact to the P.O.S.T. board. Upon receipt of the notice, the P.O.S.T. board
may contact the agency, and if the agency does not provide the disclosure within
six calendar days, the P.O.S.T. board shall not provide the agency with P.O.S.T.
board funding for a period of one year or shall impose fines through the attorney
general pursuant to section 24-31-307 and P.O.S.T. board rule, or both.

(2) A state or local law enforcement agency is not required to provide the
disclosures described 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.

(3) A state or local law enforcement agency or governmental agency is not
liable for complying with the provisions of this section or participating in an official
oral interview with an investigator regarding the candidate.

(4) As used in this section, unless the context otherwise requires:

(a) 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.

(b) State or local law enforcement agency means:

(I) The Colorado state patrol created pursuant to section 24-33.5-201;

(II) The Colorado bureau of investigation created pursuant to section 24-33.5-401;

(III) A county sheriff's office;

(IV) A municipal police department;

(V) The division of parks and wildlife within the department of natural
resources created pursuant to section 24-1-124; or

(VI) A town marshal's office.

Legislative History

Source: L. 2016: Entire section added, (HB 16-1262), ch. 339, p. 1380, � 1, effective June 10. L. 2025: (1) amended, (HB 25-1136), ch. 333, p. 1728, � 4, effective May 31.