ORS 181A.667 Review, provision and retention of personnel records; immunity from liability

As used in this section:

“Law enforcement agency” has the meaning given that term in ORS 181A.775.

“Personnel records” means the entire personnel file of a police officer or reserve officer, including but not limited to records of complaints and disciplinary action against the officer.

Before extending an offer of employment to an applicant for a police officer or reserve officer position, a law enforcement agency shall request and review the applicant’s personnel records from all law enforcement agencies in any jurisdiction at which the applicant was formerly employed.

A law enforcement agency shall provide the personnel records of a police officer or reserve officer who was employed by the law enforcement agency at any time to another law enforcement agency that requests the records for review under subsection (2) of this section.

A law enforcement agency shall retain the personnel records of a police officer or reserve officer employed by the agency for at least 10 years after the officer leaves employment with the agency.

A law enforcement agency that complies with subsection (2) of this section is immune from civil liability for any harm arising from relying on personnel records received under subsection (2) of this section.

A law enforcement agency that complies with subsection (3) of this section is immune from civil liability for any harm arising from providing personnel records under subsection (3) of this section.

This subsection does not limit the liability of a law enforcement agency that fails to request, provide or retain records as required by subsections (2) to (4) of this section.

This subsection does not limit the liability of a law enforcement agency for negligent hiring.