HF 241

3rd Engrossment - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to public employment; providing that a public
employer may not forbid a police officer or
firefighter from wearing an American flag patch or pin
on a uniform; proposing coding for new law in
Minnesota Statutes, chapter 15.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [15.60] PUBLIC SAFETY OFFICERS; AMERICAN
FLAG.
new text end

new text begin (a) A public employer may not forbid a peace officer or
firefighter from wearing a patch or pin depicting the flag of
the United States of America on the employee's uniform,
according to customary and standard flag etiquette. However, a
public employer may limit the size of a flag patch worn on a
uniform to no more than three inches by five inches.
new text end

new text begin (b) For purposes of this section:
new text end

new text begin (1) "peace officer" has the meaning given in section
626.84, subdivision 1, paragraph (c) or (f);
new text end

new text begin (2) "firefighter" means a person as defined in section
299A.41, subdivision 4, clause (3) or (4); and
new text end

new text begin (3) "public employer" has the meaning given in section
179A.03, subdivision 15, and also includes a municipal fire
department and an independent nonprofit firefighting corporation.
new text end

new text begin (c) A peace officer or firefighter who believes a public
employer is violating this section may request the attorney
general to issue an opinion on the issue. Upon such a request,
the attorney general must issue a written opinion, which is
binding, unless a court makes a contrary decision. If after
issuing an opinion, the attorney general determines that a
public employer continues to violate this section, the attorney
general may bring an action in district court to compel
compliance.
new text end