Report Title:

Employment Disclosure; Police Applicants

Description:

Defines "employment information". Provides: requirements for disclosure of employment information by former employers of police department job applicants; employer immunity for disclosing required information; legal remedies for failure to comply; confidentiality of disclosed information.

HOUSE OF REPRESENTATIVES

H.B. NO.

786

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to disclosure of employment information.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663-    Disclosure of employment information. (a) For the purposes of this section, "employment information" includes written information in connection with job applications, performance evaluations, attendance records, disciplinary actions, eligibility for by any other state or federal law or regulation.

(b) For purposes of performing a thorough background investigation for applicants not currently employed as a police officer, as required by county ordinance, an employer shall disclose employment information relating to a current or former employee, upon request of the police agency, if all of the following conditions are met:

(1) The request is made in writing;

(2) The request is accompanied by a notarized authorization by the applicant releasing the employee of liability; and

(3) The request and the authorization are presented to the employer by the county's chief of police or other authorized representative of the employing police agency.

(c) In the absence of fraud or malice, no employer shall be subject to any civil liability for any relevant cause of action by releasing information required pursuant to this section.

(d) An employer's refusal to disclose information to the police agency in accordance with this section shall constitute grounds for a criminal, civil action or injunctive relief, or a combination thereof requiring disclosure on the part of an employer.

(e) Employment information disclosed by an employer to the requesting police agency shall be deemed confidential. The initial requesting police agency may disclose this information to another law enforcement agency. However, that other law enforcement agency shall use the information for investigative leads only, and the information shall be independently verified by that agency in order to be used in determining the suitability of a law enforcement applicant."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

By Request