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Capital IconMinnesota Legislature

HF 122

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/10/2005

Current Version - as introduced

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A bill for an act
relating to corrections; creating discipline
procedures for correctional officers; proposing coding
for new law in Minnesota Statutes, chapter 241.

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

Section 1.

new text begin [241.026] CORRECTIONAL OFFICERS DISCIPLINE
PROCEDURES ACT.
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, the terms defined in this subdivision have the meanings
given them.
new text end

new text begin (a) "Administrative hearing" means a nonjudicial hearing or
arbitration authorized to recommend, approve, or order
discipline.
new text end

new text begin (b) "Formal statement" means the questioning of an officer
in the course of obtaining a recorded, stenographic, or signed
statement to be used as evidence in a disciplinary proceeding
against the officer.
new text end

new text begin (c) "Correctional officer" and "officer" means a person
employed by the state, a state correctional facility, or a local
correctional or detention facility in a security capacity.
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 the Department of Corrections and local
correctional authorities.
new text end

new text begin Subd. 3. new text end

new text begin Governing formal statement procedures. new text end

new text begin The
formal statement of an officer must be taken according to
subdivisions 4 to 10.
new text end

new text begin Subd. 4. new text end

new text begin Place of formal statement. new text end

new text begin The formal statement
must be taken at a facility of the employing or investigating
agency or at a place agreed to by the investigating individual
and the investigated officer.
new text end

new text begin Subd. 5. new text end

new text begin Complaint. new text end

new text begin An officer's formal statement may
not be taken unless there is filed with the employing or
investigating agency a written complaint signed by the
complainant stating the complainant's knowledge, and the officer
has been given a summary of the allegations. Complaints stating
the signor's knowledge also may be filed by members of the
correctional agency. Before an administrative hearing is begun,
the officer must be given a copy of the signed complaint.
new text end

new text begin Subd. 6. new text end

new text begin Witnesses; investigative reports. new text end

new text begin Upon request,
the investigating agency or the officer's representative shall
provide the other party with a list of witnesses that the agency
or representative expects to testify at the administrative
hearing and the substance of the testimony. A party, including
the union, is entitled to copies of any witness statements in
the possession of the other party and an officer is entitled to
a copy of the investigating agency's investigative report,
provided that any references in a witness statement or
investigative report that would reveal the identity of
confidential informants need not be disclosed except upon order
of the person presiding over the administrative hearing for good
cause shown.
new text end

new text begin Subd. 7. new text end

new text begin Sessions. new text end

new text begin Sessions at which a formal statement
is taken must be of reasonable duration and must give the
officer reasonable periods for rest and personal necessities.
When practicable, sessions must be held during the officer's
regularly scheduled work shift. If the session is not held
during the officer's regularly scheduled work shift, the officer
must be paid by the employing facility at the officer's current
compensation rate for time spent attending the session.
new text end

new text begin Subd. 8. new text end

new text begin Record. new text end

new text begin A complete record of sessions at which
a formal statement is taken must be made by electronic recording
or otherwise. Upon written request, a complete copy or
transcript must be made available to the officer or officer's
representative without charge or undue delay. The session may
be tape recorded by the investigating officer and by the officer
under investigation.
new text end

new text begin Subd. 9. new text end

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

new text begin The officer whose formal statement is taken has
the right to have an attorney of the officer's choosing and a
union representative present during the session. The officer
may request the presence of an attorney and a union
representative at any time before or during the session. When a
request under this subdivision is made, no formal statement may
be taken until a reasonable opportunity is provided for the
officer to obtain the presence of the attorney and a union
representative.
new text end

new text begin Subd. 10. new text end

new text begin Admissions. new text end

new text begin Before an officer's formal
statement is taken, the officer shall be advised in writing or
on the record that admissions made in the course of the formal
statement may be used as evidence of misconduct or as a basis
for discipline.
new text end

new text begin Subd. 11. new text end

new text begin Disclosure of financial records. new text end

new text begin No employer
may require an officer to produce or disclose the officer's
personal financial records except pursuant to a valid search
warrant or subpoena.
new text end

new text begin Subd. 12. new text end

new text begin Release of photographs. new text end

new text begin No correctional
facility or governmental unit may publicly release photographs
of an officer without the written permission of the officer,
except that the facility or unit may display a photograph of an
officer to a prospective witness as part of an agency or unit
investigation.
new text end

new text begin Subd. 13. new text end

new text begin Disciplinary letter. new text end

new text begin No disciplinary letter or
reprimand may be included in an officer's personnel record
unless the officer has been given a copy of the letter or
reprimand.
new text end

new text begin Subd. 14. 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. 15. 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. 16. new text end

new text begin Discharge of correctional officer. new text end

new text begin After six
months of continuous employment, a correctional officer shall
continue in service and hold the position without demotion until
suspended, demoted, or discharged under an administrative
hearing as defined in this section.
new text end

new text begin Subd. 17.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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end