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2018 Georgia Code 35-8-15 | Car Wreck Lawyer

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

Section 8. Employment and Training of Peace Officers, 35-8-1 through 35-8-27.

ARTICLE 9 GEORGIA INFORMATION SHARING AND ANALYSIS CENTER

35-8-15. Preparation and maintenance of employment records by law enforcement units and council; release of records.

  1. Each law enforcement unit shall prepare duplicate records on any candidate or peace officer employed under this chapter as may be prescribed by the rules and regulations of the council. One copy of the records shall be maintained in the headquarters of the law enforcement unit; the second copy shall be forwarded to the council and shall be maintained by the council.
  2. The contents of the records provided for in subsection (a) of this Code section, except for court proceedings, shall be considered as confidential and shall be released only to the candidate or peace officer to whom they pertain or to a law enforcement unit considering the candidate or peace officer for employment.

(Ga. L. 1970, p. 208, § 12; Ga. L. 1975, p. 1165, § 1.)

JUDICIAL DECISIONS

Agreement in violation of section void.

- Purported agreement between a police officer and county human resources director that the officer would withdraw an appeal of termination if disciplinary materials were removed from the employee file to preserve the officer's Peace Officer Standards and Training Council (P.O.S.T.) certification was void and unenforceable because it would have violated not only the P.O.S.T. Council's regulations but also the record-keeping requirements of O.C.G.A. § 35-8-15 and the prohibition of O.C.G.A. § 35-8-7.2(a)(2) against knowingly making "misleading, deceptive, untrue, or fraudulent representations in the practice of being a peace officer or in any document connected therewith." Maner v. Chatham County, 246 Ga. App. 265, 540 S.E.2d 248 (2000).

County was statutorily required to maintain duplicate personnel records for a police officer who worked for the county school system and to forward a copy of the records to the Georgia Peace Officer Standards and Training Council, and the county was required by regulation to inform the Council when the officer resigned in lieu of termination; dismissal of the officer's claim for breach of an alleged contract requiring the county to report only that the officer resigned was proper. Flowers v. Fulton Cnty. Sch. Sys., 654 Fed. Appx. 396 (11th Cir. 2016)(Unpublished).

No results found for Georgia Code 35-8-15.