November 8, 2018, Introduced by Senator JONES 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).
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 , except when the
release
is ordered in a legal action or arbitration to a party in
that
legal action or arbitration, delete
disciplinary reports,
letters
of reprimand, or other records of disciplinary action which
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 which may 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 shall 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 shall must
be destroyed.
(2)
If the An employer that
is a criminal justice agency which
and that is involved in the investigation of an alleged criminal
activity
or the violation of an agency rule by the an employee ,
the
employer 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
shall
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 shall must contain a notation of the final
disposition
of the investigation and information in the file shall
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.