LB791 was signed by Governor Ricketts on April 23, 2018. The bill contained an emergency clause, which means the requirements outlined in the bill became effective upon being signed by Governor Ricketts. The following is an overview of LB791 requirements:
Creates a requirement for personnel change in status forms to be submitted by the head of every law enforcement agency or agency employing a law enforcement officer within seven (7) calendar days after the date a law enforcement officer is hired or leaves employment with that agency to the Director of the Nebraska Law Enforcement Training Center.
Law enforcement agencies are also required to maintain a record containing reasons for, and circumstances surrounding, a separation of service (termination or voluntary separation from employment) for each law enforcement officer employed by that agency. These records shall be retained for at least five years following the officer’s separation.
Law enforcement agencies are also required to maintain all records of officer conduct which would constitute grounds for revocation or suspension of their law enforcement certification for the duration of the officer’s employment and for ten (10) years following his or her separation. These records must include any conduct which would constitute incompetence, neglect of duty, incapacity, dishonesty, a felony violation of state or federal law, a misdemeanor violation of state or federal law if that violation has a rational connection with the officer’s fitness or capacity to serve as a law enforcement officer or a violation of the officer’s oath of office, code of ethics, or statutory duties.
The chief of police, sheriff, Superintendent of Law Enforcement and Public Safety or the head administrator of a law enforcement agency or an agency employing a law enforcement officer is required to report to the Crime Commission about any officer who is terminated from employment or allowed to resign in lieu of termination for conduct that could constitute incompetence, neglect of duty, incapacity, dishonesty, a felony violation of state or federal law, a misdemeanor violation of state or federal law if the violation has a rational connection to the officer’s fitness or capacity to serve as a law enforcement officer, or a violation of the officer’s oath of office, code of ethics, or statutory duties. This report must include (at a minimum) a summary of the allegations pertaining to the officer and identification of any witnesses relevant to the allegations. This report must be filed with the Commission within thirty (30) calendar days of the departure of termination or resignation in lieu of termination the officer.
Failure to comply with Section 1 requirements constitutes neglect of duty.
A Nebraska certified law enforcement officer who is seeking employment as a law enforcement officer in Nebraska is required to sign a waiver with a prospective employer when the officer is given a conditional offer of employment. This waiver must expressly allow the prospective employer agency to contact the applicant’s former employer or employers to obtain copies of any records discussed in Section 1 of the bill. The form will be provided to law enforcement agencies by the Crime Commission. The waiver form may be found at: http://nletc.nebraska.gov/pdfs/AuthorityToRelease.pdf.
Former law enforcement employers of the officer seeking new employment have 10 calendar days of receipt of the waiver to provide copies of records created in Section 1 to the prospective employer. Prospective employers shall not hire the individual as a law enforcement officer unless the prospective employer receives copies of any records outlined in Section 1 of the bill from each of the applicant’s former employers. Additionally, the prospective employer shall not hire the individual as a law enforcement officer if any of the former employers has notified the Crime Commission that revocation of law enforcement certification may be justified for the applicant in question unless the Commission has reviewed the notification and issued a determination that the individual shall retain such certification.