Disclosure of information about public safety officer
- order to compel compliance
(1)The Board on Public Safety Standards and Training and the Department of Public Safety Standards and Training may not disclose a photograph of a public safety officer without the written consent of the public safety officer or the public safety officer’s employer. This subsection does not apply to the internal use by the board or department of a photograph of a public safety officer.
(2)A public or private safety agency or other employer of a public safety officer shall provide the department with access to personnel records of an employee or former employee of the agency or employer if:
(a)The department requests access to the records;
(b)The department is conducting an investigation under ORS 181A.640 (Grounds for denial, suspension or revocation of application or certification of person or accreditation of program) relating to the employee or former employee’s qualifications for employment, training or certification as a public safety officer; and
(c)The records are related to the issue being investigated.
(3)A public or private safety agency or other employer of a public safety officer that discloses information under subsection (2) of this section is presumed to be acting in good faith and, unless lack of good faith is shown by a preponderance of the evidence, is immune from civil liability from the disclosure or the disclosure’s consequences. For purposes of this subsection, the presumption of good faith is rebutted upon a showing that the agency or employer disclosed the information knowing that the information was false or deliberately misleading or disclosed the information with malicious purpose.
(4)If a public or private safety agency or other employer of a public safety officer fails or refuses to comply with a request made pursuant to subsection (2) of this section, the Director of the Department of Public Safety Standards and Training may apply to a court having jurisdiction over the matter for an order to compel compliance. [Formerly 181.675; 2017 c.228 §2]
Section 181A.670 — Disclosure of information about public safety officer; order to compel compliance,