Bill Text: MI HB4119 | 2021-2022 | 101st Legislature | Introduced
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-Introduced.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. An
employer shall review a personnel record before releasing information to a
third party and 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 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.
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.____ (request no. 01770'21) of the 101st Legislature is enacted into law.