3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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:
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(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.
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(b) For purposes of this section:
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(1) "peace officer" has the meaning given in section
626.84, subdivision 1, paragraph (c) or (f);
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(2) "firefighter" means a person as defined in section
299A.41, subdivision 4, clause (3) or (4); and
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(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.
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(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.
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