(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 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]
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