SF 486

3rd Engrossment - 81st Legislature (1999 - 2000) 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 1998, 
  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.] (a) 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     (b) Upon request, the fire chief or administrative head 
  2.1   shall disclose to the applicant the information obtained under 
  2.2   this subdivision. 
  2.3      Subd. 3.  [REFUSAL TO DISCLOSE PERSONNEL RECORD.] If an 
  2.4   employer refuses to disclose employment information in 
  2.5   accordance with this section, upon request the district court 
  2.6   may issue an ex parte order directing the disclosure of the 
  2.7   employment information.  The request must be made by the fire 
  2.8   chief or administrative head conducting the investigation and 
  2.9   must include a copy of the original request for disclosure made 
  2.10  upon the employer or former employer and the authorization and 
  2.11  release signed by the employee or former employee.  The request 
  2.12  must be signed by the fire chief or administrative head 
  2.13  requesting the order and an attorney representing the state or 
  2.14  the political subdivision on whose behalf the investigation is 
  2.15  being conducted.  It is not necessary for the request or the 
  2.16  order to be filed with the court administrator.  Failure to 
  2.17  comply with the court order subjects the person who fails to 
  2.18  comply to civil or criminal contempt of court.  
  2.19     Subd. 4.  [IMMUNITY FROM LIABILITY.] In the absence of 
  2.20  fraud or malice, an employer is immune from civil liability for 
  2.21  employment information released to a fire department under this 
  2.22  section, or for any subsequent publication made by the employee 
  2.23  or former employee of information released to a fire department 
  2.24  under this section. 
  2.25     Subd. 5.  [CONFIDENTIALITY AGREEMENTS.] If employment 
  2.26  information is subject to a confidentiality agreement between 
  2.27  the employee or former employee and the employer, the employer 
  2.28  shall disclose the fact that such an agreement exists.  If the 
  2.29  employee or former employee has authorized the release of 
  2.30  employment information without regard to any previous agreement 
  2.31  to the contrary, the employer shall also disclose the employment 
  2.32  information according to subdivision 2.  If employment 
  2.33  information is sealed or otherwise subject to a nondisclosure 
  2.34  order by a court of competent jurisdiction, the employer shall 
  2.35  disclose the fact that this order exists, along with information 
  2.36  identifying the court and court's file number. 
  3.1      Subd. 6.  [EMPLOYMENT INFORMATION DEFINED.] For purposes of 
  3.2   this section, "employment information" means written information 
  3.3   in connection with job applications, performance evaluations, 
  3.4   attendance records, disciplinary actions, and eligibility for 
  3.5   rehire. 
  3.6      Subd. 7.  [APPLICATION.] For purposes of this section, 
  3.7   "employer" does not include an entity that is subject to chapter 
  3.8   13. 
  3.9      Sec. 2.  Minnesota Statutes 1998, section 604A.31, is 
  3.10  amended by adding a subdivision to read: 
  3.11     Subd. 4.  [FIREFIGHTER AND PEACE OFFICER INVESTIGATIONS.] 
  3.12  Employers who provide information in conjunction with employment 
  3.13  investigations of applicants for fire protection service 
  3.14  positions or peace officer positions are immune from civil 
  3.15  liability as provided in section 299F.036, subdivision 4, or 
  3.16  626.87.