2007 Minnesota Statutes

626.87 LAW ENFORCEMENT BACKGROUND INVESTIGATIONS.
    Subdivision 1. Background investigation required. (a) A law enforcement agency shall
conduct a thorough background investigation on an applicant for employment as a licensed peace
officer or an applicant for a position leading to employment as a licensed peace officer before the
applicant may be employed. The background investigation must determine at a minimum whether
the candidate meets the following standards:
(1) standards established by the Minnesota Board of Peace Officer Standards and Training;
and
(2) established security standards for access to state and national computerized record and
communication systems.
(b) This requirement does not prevent a law enforcement agency from establishing higher
standards for law enforcement employees if those standards are not contrary to applicable law.
    Subd. 2. Disclosure of employment information. Upon request of a law enforcement
agency, an employer shall disclose or otherwise make available for inspection employment
information of an employee or former employee who is the subject of an investigation under
subdivision 1. The request for disclosure of employment information must be in writing, must
be accompanied by an original authorization and release signed by the employee or former
employee, and must be signed by a sworn peace officer or other authorized representative of the
law enforcement agency conducting the background investigation.
    Subd. 3. Refusal to disclose a personnel record. If an employer refuses to disclose
employment information in accordance with this section, upon request the district court may issue
an ex parte order directing the disclosure of the employment information. The request must be
made by a sworn peace officer from the law enforcement agency conducting the background
investigation and must include a copy of the original request for disclosure made upon the
employer or former employer and the authorization and release signed by the employee or former
employee. The request must be signed by the peace officer requesting the order and an attorney
representing the state or the political subdivision on whose behalf the background investigation
is being conducted. It is not necessary for the request or the order to be filed with the court
administrator. Failure to comply with the court order subjects the person who fails to comply to
civil or criminal contempt of court.
    Subd. 4. Immunity from liability. In the absence of fraud or malice, an employer is immune
from civil liability for employment information released to a law enforcement agency under
this section, or for any subsequent publication made by the employee or former employee of
employment information released to a law enforcement agency under this section.
    Subd. 5. Notice of investigation. Upon initiation of a background investigation under this
section, the law enforcement agency shall give written notice to the Peace Officer Standards
and Training Board of:
(1) the candidate's full name and date of birth; and
(2) the candidate's peace officer license number, if known.
The initiation of a background investigation does not include the submission of an
application for employment. Initiation of a background investigation occurs when the law
enforcement agency begins its determination of whether an applicant meets the agency's standards
for employment as a law enforcement employee.
    Subd. 6. Confidentiality agreements. If employment information is subject to a
confidentiality agreement between the employee or former employee and the employer, the
employer shall disclose the fact that such an agreement exists. If the employee or former employee
has authorized the release of employment information without regard to any previous agreement
to the contrary, the employer shall also disclose the employment information in accordance with
subdivision 2. If employment information is sealed or otherwise subject to a nondisclosure order
by a court of competent jurisdiction, the employer shall disclose the fact that such an order exists,
along with information identifying the court and court's file number.
    Subd. 7. Employment information. For purposes of this section, "employment information"
means written information in connection with job applications, performance evaluations,
attendance records, disciplinary actions, and eligibility for rehire.
    Subd. 8. Application. For purposes of this section, "employer" does not include an entity
that is subject to chapter 13.
History: 1997 c 214 s 5