Bill Text: MI HB6572 | 2017-2018 | 99th Legislature | Enrolled
Bill Title: Labor; fair employment practices; certain information related to employment records of a law enforcement employee; modify employer release. Amends secs. 7 & 9 of 1978 PA 397 (MCL 423.507 & 423.509).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 521'18 With Immediate Effect [HB6572 Detail]
Download: Michigan-2017-HB6572-Enrolled.html
Introduced by Rep. Runestad
STATE OF MICHIGAN 99TH LEGISLATURE
REGULAR SESSION OF 2018
ENROLLED HOUSE BILL No. 6572
AN ACT to amend 1978 PA 397, entitled “An act to permit employees to review personnel records; to provide criteria for the review; to prescribe the information which may be contained in personnel records; and to provide penalties,” by amending sections 7 and 9 (MCL 423.507 and 423.509).
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:
The release is ordered in a legal action to a party in that legal action.
The release is ordered in an arbitration to a party in that arbitration.
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.
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 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 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 takes effect 90 days after the date it is enacted into law. This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved Governor
