53-14-103. Law enforcement and training academy applicants — Employer background information — Information required upon request.
(1)
Except as provided in Subsection (4), an employer or director shall provide available information regarding an individual in accordance with this section if the request for the information:
Terms Used In Utah Code 53-14-103
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Training academy: means a peace officer training institution certified in accordance with the standards developed under Section 53-6-105. See Utah Code 53-14-101
if the individual is applying for employment, a law enforcement agency; or
(ii)
if the individual is applying for admission under Section 53-6-203 to a training academy, the director.
(2)
A law enforcement agency or director requesting information under Subsection (1) shall:
(a)
make the request in writing;
(b)
include with the request:
(i)
an authorization signed by the applicant and notarized by a notary public, in which the applicant consents to the release of the requested information and releases the employer or training academy providing the information from liability; and
(ii)
a signature by a sworn officer or other authorized representative of the requesting law enforcement agency or the academy; and
(c)
address the request to the employer or director.
(3)
A law enforcement agency or director requesting information under Subsection (1) shall request:
(a)
the date on which the applicant’s employment commenced and, if applicable, the date on which the applicant’s employment was terminated;
(b)
a list of the compensation that the employer provided to the applicant during the course of the employment;
(c)
a copy of the application for a position of employment that the applicant submitted to the employer;
(d)
a written evaluation of the performance of the applicant;
(e)
an attendance record of the applicant noting disciplinary action taken due to the applicant being late or absent without permission;
(f)
a record of disciplinary action taken against the applicant;
(g)
a statement regarding whether the employer would rehire the applicant and, if the employer would not rehire the applicant, the reasons why;
(h)
if applicable, a record setting forth the reason that the employment of the applicant was terminated and whether the termination was voluntary or involuntary;
(i)
the record of any final action regarding an applicant’s peace officer certification that is based on an investigation concerning the applicant’s qualification for certification; and
(j)
notice of any pending or ongoing investigation regarding the applicant’s certification as a peace officer.
(4)
(a)
In the absence of fraud or malice, an employer or training academy is not subject to any civil liability for any relevant cause of action by releasing employment information requested under this section.
(b)
This section does not abrogate or lessen the existing common law or statutory privileges and immunities of an employer.
(c)
An employer or training academy may not provide information under this section if the disclosure of the information is prohibited under federal or state law.
(5)
An employer’s refusal to make available information to a law enforcement agency in accordance with this section is grounds for a civil action by the requesting agency for injunctive relief requiring disclosure on the part of the employer.
(6)
(a)
(i)
A law enforcement agency may use the information received under this section to determine the suitability of an applicant for employment.
(ii)
A director may use the information received under this section to determine the suitability of an applicant for acceptance at the training academy.
(b)
Except as provided in Subsection (6)(c), the recipient law enforcement agency and director shall maintain the confidentiality of information received under this section.
(c)
(i)
A law enforcement agency shall share information regarding an applicant that the law enforcement agency is in possession of with another law enforcement agency if:
(A)
the information is requested by the other law enforcement agency in accordance with this section;
(B)
the applicant is also an applicant for any employment position with the other law enforcement agency; and
(C)
the confidentiality of the information is otherwise maintained.
(ii)
A director shall share information regarding an applicant that is received under this section with another training academy if:
(A)
the information is requested by the other training academy in accordance with this section;
(B)
the applicant is an applicant for acceptance at the other training academy; and
(C)
the confidentiality of the information is otherwise maintained.
(iii)
A director shall share information regarding an applicant, attendee, or graduate of a training academy that is received under this section with a law enforcement agency if:
(A)
the information is requested by the law enforcement agency in accordance with this section;
(B)
the applicant is applying for a position as a peace officer with the law enforcement agency; and
(C)
the confidentiality of the information is otherwise maintained.
