POLICE OFFICER: PRIVILEGED STATEMENTS - H.B. 5314 (H-1): FLOOR ANALYSIS


House Bill 5314 (Substitute H-1 as reported without amendment)

Sponsor: Representative Jennifer Faunce

House Committee: Employment Relations, Training and Safety

Senate Committee: Human Resources and Labor


CONTENT


The bill would amend the Employee Right To Know Act to provide that if an employer were a criminal justice agency and if the employee were a police officer (a peace officer trained and certified under the Commission on Law Enforcement Standards Act), then statements made by the employee under threat of discharge for remaining silent would create a privilege held by the employee making the statements and would be privileged. Further, those statements could not be released or divulged to a third party without the employee's written consent.


Under the Act, an employer or former employer may not divulge a disciplinary report, letter of reprimand, or other disciplinary action to a third party, to a party who is not a part of the employer's organization, or to a party who is not a part of a labor organization representing the employee, without written notice to the employee.


Proposed MCL 423.509a. - Legislative Analyst: George Towne


FISCAL IMPACT


The bill would have no fiscal impact on State or local government.


Date Completed: 5-17-02 - Fiscal Analyst: Bruce BakerFloor\hb5314 - Bill Analysis @ http://www.senate.state.mi.us/sfa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.