(Form 1 Request to Employer for Employment Related Information )
Dear ______
This agency is conducting an investigation of ______for the purpose of hiring, certifying or continuing the individual’s certification as a peace officer in the State of Georgia.
Pursuant to O.C.G.A. §35-8-8, we hereby request that you provide us with employment related information (as defined in subsection (c)(1) of that Section) to include “written information contained in your records or personnel files that relates to the individual’s performance or behavior while employed by you, including performance evaluations, records of disciplinary actions, and eligibility for rehire.” We are not seeking, and you should not provide information prohibited from disclosure by federal law. You are not required to provide any document that is not in your possession at the time you receive this request for such information. You should not provide any information that is not documented in your files.
A.Legal Authority for Requesting and Providing Such Information
The legal authority for your compliance with our request is found in O.C.G.A. §35-8-8(c)(2) which provides, in pertinent part:
Where an investigation is conducted for the purpose of hiring, certifying, or continuing the certification of a peace officer, an employer shall disclose employment related information to the investigating law enforcement agency upon receiving a written request from such agency. Disclosure shall only be required under this subsection if the law enforcement agency's request is accompanied by a copy of a signed, notarized statement from the applicant, candidate, or peace officer releasing and holding harmless such employer from any and all liability for disclosing complete and accurate information to the law enforcement agency.
B.Legal Protections for the Employer
Pursuant to that Code section, please find enclosed with this request a copy of a signed, notarized statement from the applicant, candidate, or peace officer releasing and holding you harmless from any and all liability for disclosing complete and accurate information to us.
In addition, O.C.G.A. §35-8-8(c)(4) also provides protection to employers who provide such information as follows;
(4) No employer or law enforcement agency shall be subject to any civil liability for any cause of action by virtue of disclosing complete and accurate information to a law enforcement agency in good faith and without malice pursuant to this subsection. In any such cause of action malice or bad faith shall only be demonstrated by clear and convincing evidence. Nothing contained in this subsection shall be construed so as to affect or limit rights or remedies provided by federal law.
Moreover, if the information contained in your files is not subject to public disclosure while it is in your possession, it will continue to be privileged and protected from public disclosure (but not from disclosure to the candidate or applicant) once we receive it under O.C.G.A. §35-8-8(c)(3).
With regard to your costs for providing such information, the statute provides as follows:
(3) An employer may charge a reasonable fee to cover actual costs incurred in copying and furnishing documents to a requesting law enforcement agency, including retrieving and redacting costs, provided such amount shall not exceed $25.00 or $0.25 per page, whichever is greater. No employer shall be required to prepare or create any document not already in the employer's possession at the time a request for employment related information is received. Any employment related information provided pursuant to this subsection that is not subject to public disclosure while in the possession of a prior employer shall continue to be privileged and protected from public disclosure as a record of the requesting law enforcement agency.
Please inform us of any costs resulting from your compliance with this request.
Thank you for your assistance in our efforts to recruit and hire the most qualified applicants for law enforcement positions.
Respectfully,
(Requesting Agency Officer)