Model Law Enforcement Candidate Waiver
Effective November 7, 2021, 2021 Wisconsin Act 82 requires law enforcements agencies to create, collect and share employment information as part of their recruitment and hiring processes.
When a law enforcement agency interviews a candidate for a law enforcement position who is or has been employed by another law enforcement agency, tribal law enforcement agency, jail, juvenile detention facility, or government agency, Wis. Stat. § 165.85(4)(em) requires the candidate to execute a written waiver explicitly authorizing disclosure of their current and past employment files to the interviewing law enforcement agency and releasing those current and/or former employer(s) and the interviewing agency from any liability related to the disclosure and use of those employment files. Candidates who refuse to execute the waiver may not be considered for employment.
League legal staff worked with a group of municipal attorneys to draft a model waiver form for law enforcement agencies to use. This form is intended to comply with the statutory terms. Accordingly, customization of the form is discouraged. The Legislature has established specific definitions and requirements. Adding or modifying the form’s provisions may affect the waiver of liability. This form should be reviewed periodically and updated to reflect any statutory changes. League staff can answer general questions about the form but consult your municipal attorney with questions specific to your department.
The form is free to use and is on the League's website here.
More detail on Act 82 is available in the January issue of The Municipality in an article by von Briesen attorneys Ryan Heiden and Audrey Merkel available here. (PDF)