38-1108. Polygraph examinations; exception

A. An employer may not administer a polygraph examination to a law enforcement officer in administrative investigations.

B. The results of a polygraph examination in an investigation may not be the basis for disciplinary action unless other corroborating evidence or information exists to support that disciplinary action.

C. Notwithstanding section 39-123, all data and reports from a polygraph examination of a law enforcement officer are confidential and may be used only for employment, certification or reactivation of certification purposes or for the administrative matter for which a polygraph was administered, including other ancillary matters. All other uses are prohibited.

D. Except for a preemployment polygraph after which an applicant was not hired or in the case of an appeal, the data and reports from a polygraph examination of a law enforcement officer shall be destroyed as soon as practicable three years after the date of appointment or employment but not more than ninety calendar days after that date.

E. This section does not apply to a law enforcement officer who is employed by an agency of this state as an at will employee.