Colorado § 31-30-108 Peace officer hiring - required use of waiver - definitions

Colorado Statutes

§ 31-30-108 — Peace officer hiring - required use of waiver - definitions

Colorado § 31-30-108

Title 31Government

Art.Fire - Police

This text of Colorado § 31-30-108 (Peace officer hiring - required use of waiver - definitions) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 31-30-108 (2026).

Text

(1)A municipal police department or town marshal'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 municipal police department or town marshal's office interviewing the candidate 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

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(1) A
municipal police department or town marshal'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 municipal police department or town marshal's office
interviewing the candidate 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 municipal police department or town marshal'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 department or office. The department or 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 municipal police department or town marshal'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.