81-1457. Employment of law enforcement officer; waiver to prospective employer; contents; form; former employer; duties.

(1) A person who is certified under section 81-1414 and who seeks employment as a law enforcement officer in this state shall provide a signed waiver to the prospective employer upon a conditional offer of employment. The waiver must expressly allow the prospective employer to contact the person's former employer or employers and obtain from each copies of any records created under subsections (2) and (3) of section 81-1456. The prospective employer is responsible for providing the waiver to each former employer.

(2) The waiver required by this section shall be executed on a form provided by the Nebraska Commission on Law Enforcement and Criminal Justice to all agencies in this state that employ or administer oaths of office to law enforcement officers certified by the commission.

(3) Within ten calendar days after receipt of the waiver, a former employer shall provide the prospective employer, along with other information required or allowed to be provided by law, copies of any records created under subsections (2) and (3) of section 81-1456. The names and any identifying information in any records created under subsections (2) and (3) of this section of any individual, witness, or law enforcement officer or officers other than the person who signed the waiver shall be confidential and not disclosed to the prospective employer.

(4) A prospective employer shall not hire as a law enforcement officer a person to whom subsection (1) of this section applies unless the prospective employer receives, from each of the person's former employers, copies of any records created under subsections (2) and (3) of section 81-1456.

(5) A prospective employer shall not hire as a law enforcement officer a person to whom subsection (1) of this section applies if such person's former employer has provided notice to the Nebraska Commission on Law Enforcement and Criminal Justice that the person's separation from the former employer occurred under circumstances that may justify revocation of the person's certification unless the commission has reviewed the notification and issued a determination that the person shall retain such certification.

(6) For purposes of this section:

(a) Former employer means the law enforcement agency or other agency that currently employs or previously employed the person as a law enforcement officer;

(b) Incapacity has the same meaning as in section 81-1401;

(c) Law enforcement agency has the same meaning as in section 81-1401;

(d) Law enforcement officer has the same meaning as in section 81-1401; and

(e) Prospective employer means the law enforcement agency or other agency that is considering hiring the person as a law enforcement officer.

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