TCA § 68-102-308 — Background checks on fire protection personnel

As used in this section, unless the context otherwise requires: “Employer” means public, private or volunteer fire agencies, as well as fire prevention and investigation bureaus of a local jurisdiction; however, “employer” shall not include the state fire marshal's office or any division or section of the state fire marshal's office; “Employment” means paid employment by a public or private fire department, as well as membership in a volunteer fire department; and “Fire protection personnel” means any paid or volunteer member or applicant of a fire department or fire prevention bureau or division, such as firefighters, fire department officers, fire inspectors, fire investigators, and administrative assistance personnel. As a condition of employment of any paid or volunteer fire protection personnel, employers may initiate a criminal background check on any applicant for employment, or on any fire protection personnel currently employed by the employer. Departments that elect to conduct criminal background checks shall establish a policy addressing when a criminal background check may be conducted on a currently employed member. Criminal background check reports shall be maintained for the duration of employment plus one (1) year. Access to the contents of a criminal background check shall be limited to the department head, human resource officer, and the employee's supervisor. The criminal background check shall not become part of the employee's personnel file. Fire protection personnel shall: Provide past work history and personal references to be checked by the employer; Agree to the release of information and investigative records to the employer, or to any agency that contracts with the state, as may be necessary for the purpose of verifying whether the individual has been convicted of a felony or any theft or arson related conviction; Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation, the federal bureau of investigation, other law enforcement agency, or any legally authorized entity; and Agree to the release of any information required for a criminal background investigation by a professional background screening organization or criminal background check service or registry. Any cost incurred by the Tennessee bureau of investigation, federal bureau of investigation, professional background screening organization, law enforcement agency or other legally authorized entity in conducting investigations of fire protection personnel shall be paid by the employer. An employer may require the applicant or employee to reimburse the employer for the costs, at the option of the employer. Payments of the costs to the Tennessee bureau of investigation are to be made in accordance with §§ 38-6-103 and 38-6-109.