Bill Text: MI HB4119 | 2021-2022 | 101st Legislature | Engrossed

Michigan House Bill 4119 (Prior Session Legislation)

Bill Title: Corrections: employees; personnel record release under the Bullard-Plawecki employee right to know act; expand to include corrections officers in certain situations. Amends secs. 7 & 9 of 1978 PA 397 (MCL 423.507 & 423.509). TIE BAR WITH: HB 4118'21

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2021-04-29 - Referred To Committee On Judiciary And Public Safety [HB4119 Detail]

Download: Michigan-2021-HB4119-Engrossed.html

HOUSE BILL NO. 4119

February 03, 2021, Introduced by Reps. Anthony and Frederick and referred to the Committee on Judiciary.

A bill to amend 1978 PA 397, entitled

"Bullard-Plawecki employee right to know act,"

by amending sections 7 and 9 (MCL 423.507 and 423.509), as amended by 2018 PA 521.

the people of the state of michigan enact:

Sec. 7. (1) An employer shall review a personnel record before releasing information to a third party and, except as provided under subsection (2), delete disciplinary reports, letters of reprimand, or other records of disciplinary action that are more than 4 years old. This section does not apply to any of the following circumstances:

(a) The release is ordered in a legal action to a party in that legal action.

(b) The release is ordered in an arbitration to a party in that arbitration.

(c) The Except as provided under subsection (2), the release is part of a record regarding the reason or reasons for, and circumstances surrounding, a separation of service under section 5 of the law enforcement officer separation of service record act, 2017 PA 128, MCL 28.565.

(d) The release is requested by the Michigan commission on law enforcement standards, a law enforcement training academy, or a law enforcement agency for the purpose of determining compliance with licensing standards and procedures under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.

(2) A corrections agency shall delete disciplinary reports, letters of reprimand, or other records of disciplinary action against a corrections officer that are more than 2 years old.

Sec. 9. (1) If an employer has reasonable cause to believe that an employee is engaged in criminal activity that might result in loss or damage to the employer's property or disruption of the employer's business operation, and the employer is engaged in an investigation, then the employer may keep a separate file of information relating to the investigation. Upon completion of the investigation or after 2 years, whichever comes first, the employee must be notified that an investigation was or is being conducted of the suspected criminal activity described in this section. Upon completion of the investigation, if disciplinary action is not taken, the investigative file and all copies of the material in it must be destroyed.

(2) An employer that is a criminal justice agency and that is involved in the investigation of an alleged criminal activity or the violation of an agency rule by an employee shall maintain a separate confidential file of information relating to the investigation. Upon completion of the investigation, if disciplinary action is not taken, the employee must be notified that an investigation was conducted. If the investigation reveals that the allegations are unfounded or unsubstantiated or if disciplinary action is not taken, the separate file must contain a notation of the final disposition of the investigation and information in the file must not be used in any future consideration for promotion, transfer, additional compensation, or disciplinary action. The employer may release information in the separate file to a prospective employing law enforcement agency or prospective employing corrections agency if the information is part of a record regarding the reason or reasons for, and circumstances surrounding, a separation of service under section 5 of the law enforcement officer separation of service record act, 2017 PA 128, MCL 28.565. The If the employee is a law enforcement officer, the employer shall release information in the separate file to the Michigan commission on law enforcement standards upon the request of the Michigan commission on law enforcement standards.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4118 (request no. 01770'21) of the 101st Legislature is enacted into law.