KRS 15.405: Conditional offer of employment as peace officer pending receipt of

certification status and employment records.

(1) As used in this section, "agency" means any law enforcement agency, or other unit

of government listed in KRS 15.380, that employs a certified peace officer.

(2) Subject to subsection (5) of this section, any agency may make a conditional offer

of employment to a candidate pending its receipt and evaluation of a response to its

request for information from:

(a) The council regarding the certification status of any candidate, including if the

council has:

1. Received any notification under subsection KRS 15.391(4) related to the

candidate;

2. Initiated hearing procedures under KRS 15.391 against the candidate; or

3. Started investi gating whether to initiate hearing procedures for the

revocation of the certification of the candidate under KRS 15.391; or

(b) Any agency that previously employed the candidate for any information the

agency is required to provide under subsection (3) of this section.

(3) Any agency that receives an inquiry under subsection (2) of this section from

another agency regarding a candidate for a peace officer position who was formerly

employed by the agency shall provide the following documentation to the hirin g

agency:

(a) A complete copy of the peace officer's personnel file;

(b) Any documentation related to the arrest or prosecution of the peace officer

that the agency maintained;

(c) Any documentation related to a completed internal administrative

investigation of the peace officer; and

(d) Any documentation related to an incomplete internal administrative

investigation of the peace officer that was not completed because of the

officer's resignation or retirement while the investigation was pending.

(4) The council and any agency that receives a request for information shall provide it

to the requesting hiring agency no later than fourteen (14) days following the receipt

of the request.

(5) The hiring agency that elects to make a conditional offer of empl oyment subject to

its receipt and evaluation of information pursuant to this section shall require the

candidate to complete a waiver and release of liability authorizing the hiring agency

to request the information from all prior agencies, which may inclu de employing

agencies outside of the Commonwealth.

(6) The council, any agency, and the employees and officers of the council or any

agency shall be immune from any civil liability for disclosing information pursuant

to the provisions of this section and f rom any civil liability for the consequences of

such a disclosure unless the information disclosed was knowingly false or

deliberately misleading, was rendered with malicious purpose, or was in violation of

any civil right of the former employee.