[§421I-12]  Employees of cooperative housingcorporations; background checks.  The board of directors of a cooperativehousing corporation, or the manager of a cooperative housing project, upon thewritten authorization of an applicant for employment as a security guard ormanager or for a position that would allow the employee access to the keys ofor entry into the units in the project or access to corporation funds, mayconduct a background check on the applicant, or direct another responsibleparty to conduct the check.  Before initiating or requesting a check, the boardof directors or the manager shall first certify that the signature on theauthorization is authentic and that the person is an applicant for employment. The background check, at a minimum, shall require the applicant to disclosewhether:

(1)  The applicant has been convicted in anyjurisdiction of a crime that would tend to indicate the applicant is unsuitedfor employment as an employee with access to corporation funds or the keys of orentry to the units in the project; and

(2)  The judgment of conviction has not been vacated.

For purposes of this section, the criminalhistory disclosure made by the applicant may be verified by the board ofdirectors, manager, or other responsible party, if so directed by the board orthe manager, by means of information obtained through the Hawaii criminaljustice data center.  The board or manager may conduct a criminal historyrecord check directly through the Hawaii criminal justice data center.  Theapplicant shall provide the Hawaii criminal justice data center with personalidentifying information which shall include but not be limited to theapplicant's name, social security number, date of birth, and gender.  Thisinformation shall be secured only for the purpose of conducting the criminalhistory record check authorized by this section.  Failure of a cooperativehousing corporation or the manager to conduct or verify or cause to haveconducted or verified a background check shall not alone give rise to anyprivate cause of action against the corporation or manager for acts andomissions of the employee hired. [L 2003, c 95, §6]