§ 24-35-120 — Peace officer hiring - required use of waiver - definitions

Colorado § 24-35-120

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Department of Revenue

Text

(1)
The department of revenue 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 department
and releases the department 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 department
of revenue 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 of revenue. The department
of revenue 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
department of revenue not more than twenty-one days after such receipt.

(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, or
participating in an official oral interview with an investigator regarding the
candidate.

(3) A state or local law enforcement agency or governmental entity is not
liable for complying with the provisions of this section.

(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. 1381, � 2, effective June 10.