LRB-0968/1
RLR:wlj:rs
2007 - 2008 LEGISLATURE
April 9, 2007 - Introduced by Senators Leibham, Roessler, Olsen, Kanavas,
Darling and Coggs, cosponsored by Representatives Kestell, A. Ott, Musser,
LeMahieu, Albers, Townsend, Hraychuck and Gronemus. Referred to
Committee on Labor, Elections and Urban Affairs.
SB137,1,2
1An Act to create 175.55 of the statutes;
relating to: access to employment
2records of candidates for law enforcement positions.
Analysis by the Legislative Reference Bureau
In general, under current law, an employer may, but is generally not required
to, provide information regarding a current or former employee who applies for a job
elsewhere. This bill requires a private employer doing business in this state to
provide employment information requested by a municipal or county law
enforcement agency or the Department of Justice (law enforcement agency) if a
person who is working or has worked for that employer applies for or is being
considered for a law enforcement position with the law enforcement agency. In order
for that requirement to apply, the law enforcement agency's request must be signed
and in writing and be accompanied by a release, signed by the candidate for the law
enforcement position, which authorizes the current or former employer to provide
employment information regarding the candidate to the law enforcement agency.
The bill authorizes a law enforcement agency to obtain a court order mandating the
release of employment information if an employer does not comply with a proper
request.
The bill contains two exceptions relating to this requirement. First, if any
employment information is subject to a confidentiality agreement, the employer is
required to comply with the law enforcement agency's request with respect to that
information only if the release specifically authorizes the employer to provide that
information to the law enforcement agency. If the release does not contain such an
authorization, the employer must inform the law enforcement agency of the
existence of the confidentiality agreement and comply with the agreement. Second,
if a court has prohibited the disclosure of relevant employment information, the
employer must inform the law enforcement agency of the order and comply with the
order.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB137, s. 1
1Section
1. 175.55 of the statutes is created to read:
SB137,2,3
2175.55 Law enforcement officer background investigations. (1) 3Definitions. In this section:
SB137,2,54
(a) "Candidate" means a person applying or being considered for a position as
5a law enforcement officer.
SB137,2,86
(b) "Employment information" means written information in connection with
7job applications, performance evaluations, attendance records, disciplinary actions,
8and eligibility for being rehired.
SB137,2,129
(c) "Law enforcement agency" means either the department of justice or a unit
10of a political subdivision of this state that is established to prevent and detect crime
11and enforce state laws or local ordinances and that employs one or more law
12enforcement officers.
SB137,2,1713
(d) "Local law enforcement officer" means a person employed either the
14department of justice or by a political subdivision of the state for the purpose of
15detecting and preventing crime and enforcing laws or ordinances and who is
16authorized to make arrests for violations of the laws or ordinances that the person
17is employed to enforce.
SB137,2,1918
(e) "Provide," with respect to employment information, includes making
19available for inspection.
SB137,3,3
1(f) "Release" means a document, signed by a candidate, authorizing the
2candidate's current or former employer to provide employment information
3regarding the candidate to a law enforcement agency.
SB137,3,8
4(2) Disclosure of employment information. (a) A law enforcement agency
5may request that a candidate's current or former employer provide employment
6information regarding the candidate. Any such request shall be in writing, be signed
7by an authorized representative of the law enforcement agency making the request,
8and be accompanied by an original release.
SB137,3,169
(b) The employer shall comply with any request made under par. (a) with
10respect to all employment information that is not subject to a confidentiality
11agreement between the candidate and the employer. If some or all of the employment
12information is subject to a confidentiality agreement, the employer shall comply with
13a request made under par. (a) with respect to that information only if the release
14specifically authorizes the employer to provide that information to the law
15enforcement agency. If the release does not contain such an authorization, the
16employer shall inform the agency of the existence of the confidentiality agreement.
SB137,3,2117
(c) Notwithstanding par. (b), if a court has prohibited the disclosure of
18employment information requested by a law enforcement agency under par. (a), the
19employer shall comply with the court order but shall disclose to the agency the fact
20that the prohibition exists, along with information identifying the court and number
21of the case in which the court established the prohibition.
SB137,4,5
22(3) Refusal to disclose employment information. If an employer refuses to
23comply with a request for employment information under sub. (2) (b), the circuit
24court for any county in which the employer does business or in which the law
25enforcement agency is located may enter an ex parte order, upon the filing of a
1petition by the agency, to compel the disclosure of the employment information. A
2petition filed under this subsection shall be made by a law enforcement officer
3employed by the agency and shall include a copy of the original request for disclosure
4made upon the employer and a copy of the candidate's release. The request must be
5signed by the petitioner and the district attorney.
SB137,4,9
6(4) Exemption for certain employers. A candidate's current or former
7employer is not required to provide employment information to a law enforcement
8agency under this section if the employer is a unit of state or local government or if
9the employer does not do business in this state.
