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HB0031 • 2024

Peace officers-records and reporting.

AN ACT relating to the administration of government; requiring personnel files of peace officers, detention officers, corrections officers and dispatchers to be available to the peace officer standards and training commission as specified; making conforming amendments; and providing for an effective date.

Labor
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Judiciary
Last action
2024-03-07
Official status
enrolled
Effective date
7/1/2024

Plain English Breakdown

The summary does not specify what happens if the commission requests irrelevant or unnecessary information from an employing agency.

Peace Officers' Records and Reporting

This law requires certain parts of peace officers', detention officers', corrections officers', and dispatchers' personnel files to be shared with the Peace Officer Standards and Training Commission for specific reasons.

What This Bill Does

  • Requires that portions of a peace officer's, detention officer's, corrections officer's, or dispatcher's personnel file related to complaints and certain qualifications must be given to the Peace Officer Standards and Training Commission within thirty days if requested in writing.
  • Limits the commission’s ability to request records only for investigating certification, suspension, revocation, or termination of officers or dispatchers.
  • Prohibits the commission from disclosing any personnel files received unless required by law.
  • Allows the Peace Officer Standards and Training Commission to ask a district court for requested records if an employing agency does not provide them within thirty days.
  • Clarifies that providing these personnel files is not exempt from disclosure under the Public Records Act.

Who It Names or Affects

  • Peace officers, detention officers, corrections officers, and dispatchers whose personnel files may be requested by the Peace Officer Standards and Training Commission.
  • Employing agencies of peace officers, detention officers, corrections officers, and dispatchers who must provide specific parts of their employees' personnel files to the commission upon request.

Terms To Know

Peace Officer Standards and Training Commission
The agency responsible for setting standards and training requirements for peace officers, detention officers, corrections officers, and dispatchers in Wyoming.
Personnel file
A record containing information about an employee's employment history, qualifications, performance evaluations, and other relevant details.

Limits and Unknowns

  • The law only applies to specific parts of personnel files that are related to complaints and certain qualifications.
  • It does not specify what happens if the commission requests irrelevant or unnecessary information from an employing agency.
  • The effectiveness of this act depends on how strictly it is enforced by the Peace Officer Standards and Training Commission.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0031H2001

2nd reading • Representative Niemiec

Adopted

Plain English: The amendment requires that only parts of personnel files specifically related to complaints be made available to the peace officer standards and training commission.

  • Adds language after 'file' on pages 2, 3, and 4 to specify that only complaint-related information in personnel records should be accessible.
  • Inserts new text after '9-1-710(o)' on page 5 to clarify that the commission can access only complaint-specific documents.
  • The amendment does not provide details about what constitutes a 'complaint' or how the distinction between general and complaint-related information will be made.

Bill History

  1. 2024-03-07 LSO

    Assigned Chapter Number 41

  2. 2024-03-07 Governor

    Governor Signed HEA No. 0031

  3. 2024-03-04 Senate

    S President Signed HEA No. 0031

  4. 2024-03-04 House

    H Speaker Signed HEA No. 0031

  5. 2024-03-01 LSO

    Assigned Number HEA No. 0031

  6. 2024-03-01 Senate

    S 3rd Reading:Passed 30-0-1-0-0

  7. 2024-02-29 Senate

    S 2nd Reading:Passed

  8. 2024-02-28 Senate

    S COW:Passed

  9. 2024-02-28 Senate

    S Placed on General File

  10. 2024-02-28 Senate

    S01 - Judiciary:Recommend Do Pass 5-0-0-0-0

  11. 2024-02-26 Senate

    S Introduced and Referred to S01 - Judiciary

  12. 2024-02-26 Senate

    S Received for Introduction

  13. 2024-02-23 House

    H 3rd Reading:Passed 62-0-0-0-0

  14. 2024-02-22 House

    H 2nd Reading:Passed

  15. 2024-02-21 House

    H COW:Passed

  16. 2024-02-20 House

    H Placed on General File

  17. 2024-02-20 House

    H01 - Judiciary:Recommend Do Pass 9-0-0-0-0

  18. 2024-02-13 House

    H Introduced and Referred to H01 - Judiciary 61-0-1-0-0

  19. 2024-01-24 House

    H Received for Introduction

  20. 2023-12-21 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 24LSO-0284

Bill No.:

HB0031

Effective:

7/1/2024

LSO No.:

24LSO-0284

Enrolled Act No.:

HEA No. 0031

Chapter No.:

41

Prime Sponsor:

Joint Judiciary Interim Committee

Catch Title:

Peace officers-records and reporting.

Has Report:

No

Subject:

Requiring that personnel files of peace officers and other law-enforcement personnel be available to the Peace Officers Standards and Training Commission in specified situations.

Summary/Major Elements:

This act requires that the personnel files of peace officers, detention officers, corrections officers and dispatchers that are related to a complaint and that are relevant to specified qualifications of that officer or dispatcher be made available to the Peace Officer Standards and Training Commission.

To access those portions of a personnel file, the Commission must make a written request to the employing agency, which has thirty (30) days to respond to the request.

The Commission can only request records for purposes of investigating or determining an officer's or dispatcher's initial certification, continuing certification, suspension, revocation or termination.

Under the act, the Commission cannot disclose any personnel records received from a request unless otherwise required by law.

If the employing agency fails to provide the requested records within thirty (30) days, the Commission may petition the district court for the records.

The act clarifies that providing these personnel files to the Commission is not exempt from disclosure under the Public Records Act.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
24LSO-0284

ORIGINAL House

Bill No
.
HB0031

ENROLLED ACT NO. 31,

HOUSE OF REPRESENTATIVES

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2024 Budget Session

AN ACT relating to the administration of government; requiring personnel files of peace officers, detention officers, corrections officers and dispatchers to be available to the peace officer standards and training commission as specified; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 9
‑
1
‑
704 by creating a new subsection (m), 9
‑
1
‑
708 by creating a new subsection (h), 9
‑
1
‑
710 by creating a new subsection (o) and 16
‑
4
‑
203(d)(iii) are amended to read:

9
‑
1
‑
704.

Qualifications for employment as a peace officer; loss of certification for felony conviction; termination from employment.

(m)

The portion of a personnel file that is specifically related to a complaint and relevant to any of the qualifications specified in subsection (b) of this section or prescribed by the commission under W.S. 9
‑
1
‑
702(f)(iv) or (v) for any person employed as a peace officer or detention officer by a law enforcement unit shall be made available to the commission not later than thirty (30) days after the commission makes a written request to the employing agency for the personnel file information. The commission shall request records under this subsection only for purposes of investigating or determining a peace officer's or detention officer's initial certification, continuing certification, suspension, revocation or termination. The personnel file information received by the commission under this subsection shall not be disclosed by the commission to any other person except as otherwise required by law. If the employing agency fails to provide the personnel file information within thirty (30) days of the commission's written request, the commission may file a petition with the district court for the release of the requested personnel file information.

9
‑
1
‑
708.

Certificate required for permanent employment; temporary employment; waiver or modification of training requirements; wages during training; grandfather provisions.

(h)

The portion of a personnel file that is specifically related to a complaint and relevant to any of the qualifications specified in W.S. 9
‑
1
‑
704(b) or prescribed by the commission under W.S. 9
‑
1
‑
702(f)(iv) or (v) for any person employed as a dispatcher required to be certified under this section shall be made available to the commission not later than thirty (30) days after the commission makes a written request to the employing agency for the personnel file information. The commission shall request records under this subsection only for purposes of investigating or determining a dispatcher's initial certification, continuing certification, suspension, revocation or termination.

The personnel file information received by the commission under this subsection shall not be disclosed by the commission to any other person except as otherwise required by law. If the employing agency fails to provide the personnel file information within thirty (30) days of the commission's written request, the commission may file a petition with the district court for the release of the requested personnel file information.

9
‑
1
‑
710.

Qualifications for employment as a correctional officer; termination of employment; certification without compliance with the requirements of this section.

(o)

The portion of a personnel file that is specifically related to a complaint and relevant to any of the qualifications specified in subsection (b) of this section or established under W.S. 9
‑
1
‑
702(k)(ii) and subsection (n) of this section for any person employed as a certified correctional officer, correctional officer or part
‑
time correctional officer by the department of corrections shall be made available to the commission not later than thirty (30) days after the commission makes a written request to the department of corrections for the personnel file information. The commission shall request records under this subsection only for purposes of investigating or determining a correctional officer's initial certification, continuing certification, suspension, revocation or termination.

The personnel file information received by the commission under this subsection shall not be disclosed by the commission to any other person except as otherwise required by law. If the department of corrections fails to provide the personnel file information within thirty (30) days of the commission's request, the commission may file a petition with the district court for the release of the personnel file information.

16
‑
4
‑
203.

Right of inspection; grounds for denial; access of news media; order permitting or restricting disclosure; exceptions.

(d)

The custodian shall deny the right of inspection of the following records, unless otherwise provided by law:

(iii)

Personnel files except those files shall be available to the duly elected and appointed officials who supervise the work of the person in interest
and those portions of files specified in W.S. 9
‑
1
‑
704(m), 9
‑
1
‑
708(h) and 9
‑
1
‑
710(o) that are specifically related to a complaint shall be available and provided to the peace officer standards and training commission in accordance with W.S. 9
‑
1
‑
704(m), 9
‑
1
‑
708(h) and 9
‑
1
‑
710(o)
. Applications, performance ratings and scholastic achievement data shall be available only to the person in interest and to the duly elected and appointed officials who supervise his work. Employment contracts, working agreements or other documents setting forth the terms and conditions of employment of public officials and employees are not considered part of a personnel file and shall be available for public inspection;

Section 2
.

This act is effective July 1, 2024
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1