§ 30-10-526 — Sheriff office hiring - required use of waiver - definitions

Colorado § 30-10-526

• Jurisdiction: Colorado
• Title 30: Government
• Art.: County Officers

Text

(1) A
sheriff's office 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 interviewing
sheriff's agency and releases the interviewing sheriff's office 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 sheriff's office 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
sheriff's office. The sheriff's office 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 sheriff's office that is interviewing the
candidate 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.

(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, C.R.S.;

(II) The Colorado bureau of investigation created pursuant to section 24-33.5-401, C.R.S.;

(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, C.R.S.; or

(VI) A town marshal's office.

Legislative History

Source: L. 2016: Entire section added, (HB 16-1262), ch. 339, p. 1383, � 3, effective June 10.