SF 1006

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to firefighters; authorizing certain 
  1.3             background investigations; requiring disclosures of 
  1.4             certain employment information; providing civil and 
  1.5             criminal penalties; providing employers immunity for 
  1.6             certain disclosures; amending Minnesota Statutes 1996, 
  1.7             section 604A.31, by adding a subdivision; proposing 
  1.8             coding for new law in Minnesota Statutes, chapter 299F.
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [299F.036] [FIREFIGHTER PREVIOUS EMPLOYMENT 
  1.11  INVESTIGATIONS.] 
  1.12     Subdivision 1.  [PREVIOUS EMPLOYMENT INVESTIGATIONS 
  1.13  AUTHORIZED.] The fire chief or administrative head of a fire 
  1.14  department as defined under section 299F.092, subdivision 6, may 
  1.15  conduct a previous employment investigation on an applicant for 
  1.16  a fire protection service position. 
  1.17     Subd. 2.  [DISCLOSURE OF EMPLOYMENT INFORMATION.] Upon 
  1.18  request of a fire chief or an administrative head, an employer 
  1.19  shall disclose or otherwise make available for inspection 
  1.20  employment information of an employee or former employee who is 
  1.21  the subject of an investigation under subdivision 1.  The 
  1.22  request for disclosure of employment information must be in 
  1.23  writing, must be accompanied by an original authorization and 
  1.24  release signed by the employee or former employee, and must be 
  1.25  signed by the fire chief or administrative head conducting the 
  1.26  previous employment investigation. 
  1.27     Subd. 3.  [REFUSAL TO DISCLOSE PERSONNEL RECORD.] If an 
  2.1   employer refuses to provide access to employment information in 
  2.2   accordance with this section, upon request the district court 
  2.3   may issue an ex parte order directing the disclosure of the 
  2.4   employment information.  The request must be made by the fire 
  2.5   chief or administrative head conducting the investigation and 
  2.6   must include a copy of the original request for disclosure made 
  2.7   upon the employer or former employer and the authorization and 
  2.8   release signed by the employee or former employee.  The request 
  2.9   must be signed by the fire chief or administrative head 
  2.10  requesting the order and an attorney representing the state or 
  2.11  the political subdivision on whose behalf the investigation is 
  2.12  being conducted.  It is not necessary for the request or the 
  2.13  order to be filed with the court administrator.  Failure to 
  2.14  comply with the court order subjects the person who fails to 
  2.15  comply to civil or criminal contempt of court.  
  2.16     Subd. 4.  [IMMUNITY FROM LIABILITY.] An employer is immune 
  2.17  from civil liability for the release of information to a fire 
  2.18  department under this section. 
  2.19     Subd. 5.  [EMPLOYMENT INFORMATION.] For purposes of this 
  2.20  section, "employment information" means written information in 
  2.21  connection with job applications, performance evaluations, 
  2.22  attendance records, disciplinary actions, eligibility for 
  2.23  rehire, and other information relevant to the fire protection 
  2.24  service applicant's performance, except for information 
  2.25  prohibited from disclosure by any other state or federal law or 
  2.26  regulation. 
  2.27     Sec. 2.  Minnesota Statutes 1996, section 604A.31, is 
  2.28  amended by adding a subdivision to read: 
  2.29     Subd. 4.  [FIREFIGHTER PREVIOUS EMPLOYMENT INVESTIGATIONS.] 
  2.30  Employers who provide information in conjunction with previous 
  2.31  employment investigations of applicants for fire protection 
  2.32  service positions are immune from civil liability as provided in 
  2.33  section 299F.036, subdivision 4. 
  2.34     Sec. 3.  [EFFECTIVE DATE.] 
  2.35     Sections 1 and 2 are effective the day following enactment.