HF 432

as introduced - 87th Legislature (2011 - 2012) Posted on 02/09/2011 09:12am

A bill for an act
relating to public safety; establishing local correctional officers disciplinary
interview rights; proposing coding for new law in Minnesota Statutes, chapter
641.

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

Section 1.

new text begin [641.095] LOCAL CORRECTIONAL OFFICER DISCIPLINARY
INTERVIEW RIGHTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "officer" is a person who:
new text end

new text begin (1) is employed in a county correctional institution as a correctional guard or
officer, a joint jailer/dispatcher, or supervisor of correctional guards or officers or joint
jailers/dispatchers;
new text end

new text begin (2) is directly responsible for the direct security, custody, and control of the county
correctional institution and its inmates; and
new text end

new text begin (3) is expected to respond to incidents within the county correctional institution as
part of the person's regular employment duties and is trained to do so.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin The procedures and provisions of this section apply to law
enforcement agencies and government units.
new text end

new text begin Subd. 3. new text end

new text begin Presence of attorney and union representative. new text end

new text begin An officer subject to
a disciplinary interview administered by a licensed peace officer has the right to have a
union representative or an attorney retained by the officer, or both, present during the
interview. The officer may request the presence of the attorney or the union representative,
or both, at any time before or during the interview. When a request under this subdivision
is made, the officer may not be interviewed or questioned until a reasonable opportunity is
provided for the officer to obtain the presence of the attorney or the union representative.
new text end

new text begin Subd. 4. new text end

new text begin Retaliatory action prohibited. new text end

new text begin No officer may be discharged, disciplined,
or threatened with discharge or discipline as retaliation for or solely by reason of the
officer's exercise of the rights provided by this section.
new text end

new text begin Subd. 5. new text end

new text begin Rights not reduced. new text end

new text begin The rights of officers provided by this section are in
addition to and do not diminish the rights and privileges of officers that are provided under
an applicable collective bargaining agreement or any other applicable law.
new text end

new text begin Subd. 6. new text end

new text begin Action for damages. new text end

new text begin Notwithstanding section 3.736 or 466.03, a political
subdivision or state agency that violates this section is liable to the officer for actual
damages resulting from the violation, plus costs and reasonable attorney fees. The
political subdivision or the state is deemed to have waived any immunity to a cause of
action brought under this subdivision, except that the monetary limits on liability under
section 3.736, subdivision 4, or 466.04 apply.
new text end