1.1 	A bill for an act
1.2 	relating to public safety; establishing local correctional officers disciplinary 
1.3 	interview rights;proposing coding for new law in Minnesota Statutes, chapter 
1.4 	641.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [641.095] LOCAL CORRECTIONAL OFFICER DISCIPLINARY 
1.7 	INTERVIEW RIGHTS.
1.8 		Subdivision 1.Definitions. For purposes of this section, "officer" is a person who:
1.9 	(1) is employed in a county correctional institution as a correctional guard or 
1.10 	officer, a joint jailer/dispatcher, or supervisor of correctional guards or officers or joint 
1.11 	jailers/dispatchers;
1.12 	(2) is directly responsible for the direct security, custody, and control of the county 
1.13 	correctional institution and its inmates; and
1.14 	(3) is expected to respond to incidents within the county correctional institution as 
1.15 	part of the person's regular employment duties and is trained to do so.
1.16 		Subd. 2.Applicability. The procedures and provisions of this section apply to law 
1.17 	enforcement agencies and government units.
1.18 		Subd. 3.Presence of attorney and union representative. An officer subject to 
1.19 	a disciplinary interview administered by a licensed peace officer has the right to have a 
1.20 	union representative or an attorney retained by the officer, or both, present during the 
1.21 	interview. The officer may request the presence of the attorney or the union representative, 
1.22 	or both, at any time before or during the interview. When a request under this subdivision 
1.23 	is made, the officer may not be interviewed or questioned until a reasonable opportunity is 
1.24 	provided for the officer to obtain the presence of the attorney or the union representative.
2.1 		Subd. 4.Retaliatory action prohibited. No officer may be discharged, disciplined, 
2.2 	or threatened with discharge or discipline as retaliation for or solely by reason of the 
2.3 	officer's exercise of the rights provided by this section.
2.4 		Subd. 5.Rights not reduced. The rights of officers provided by this section are in 
2.5 	addition to and do not diminish the rights and privileges of officers that are provided under 
2.6 	an applicable collective bargaining agreement or any other applicable law.
2.7 		Subd. 6.Action for damages. Notwithstanding section 3.736 or 466.03, a political 
2.8 	subdivision or state agency that violates this section is liable to the officer for actual 
2.9 	damages resulting from the violation, plus costs and reasonable attorney fees. The 
2.10 	political subdivision or the state is deemed to have waived any immunity to a cause of 
2.11 	action brought under this subdivision, except that the monetary limits on liability under 
2.12 	section 3.736, subdivision 4, or 466.04 apply.