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Minnesota Legislature

Office of the Revisor of Statutes

HF 996

as introduced - 91st Legislature (2019 - 2020) Posted on 02/11/2019 02:18pm

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

Current Version - as introduced

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A bill for an act
relating to corrections; revising the correctional officers discipline procedures;
amending Minnesota Statutes 2018, section 241.026.

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

Section 1.

Minnesota Statutes 2018, section 241.026, is amended to read:


241.026 CORRECTIONAL OFFICERS DISCIPLINE PROCEDURES.

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.

(b) "Correctional officer" and "officer" mean a person employed by the state, a state
correctional facility, or a local correctional or detention facility in a security capacity.

(c) new text begin"Exclusive representative" means an employee organization which has been certified
by the commissioner of the Bureau of Mediation Services to meet and negotiate with the
employer on behalf of all employees in the appropriate unit.
new text end

new text begin (d) new text end"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.

Subd. 2.

Applicability.

The procedures and provisions of this section apply to state and
local correctional authorities.

Subd. 3.

Governing formal statement procedures.

The formal statement of deleted text beginandeleted text endnew text begin a
correctional
new text end officer must be taken according to deleted text beginsubdivisiondeleted text endnew text begin subdivisionsnew text end 4new text begin to 10new text end.

Subd. 4.

Place of formal statement.

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 investigatednew text begin correctionalnew text end officernew text begin and exclusive representativenew text end.

new text begin Subd. 4a. new text end

new text begin Complaint. new text end

new text begin A correctional officer's formal statement may not be taken unless
a written complaint signed by the complainant stating the complainant's knowledge is filed
with the employing or investigating agency, and the correctional officer and exclusive
representative have been given a summary of the allegations.
new text end

new text begin Subd. 4b. new text end

new text begin Witnesses; investigative reports. new text end

new text begin Upon request, the investigating agency or
the correctional officer shall provide the other party with a list of witnesses that the agency
or correctional officer expects to testify at any administrative hearing or arbitration authorized
to recommend, approve, or order discipline, and the substance of the testimony. A party 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 or arbitration for good cause shown.
new text end

new text begin Subd. 4c. 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 correctional officer reasonable periods for rest and personal
necessities. When practicable, sessions must be held during the correctional officer's regularly
scheduled work shift. If the session is not held during the correctional officer's regularly
scheduled work shift, the correctional officer must be paid by the employing agency at the
officer's current compensation rate for time spent attending the session. Notification of a
formal statement must also be provided to the correctional officer's exclusive representative
and the exclusive representative shall be allowed to be present during the session.
new text end

new text begin Subd. 4d. 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. A complete copy or transcript must be
provided to the correctional officer and the officer's exclusive representative without charge
or undue delay. The session may be recorded by the investigating officer and by the
correctional officer under investigation.
new text end

new text begin Subd. 4e. new text end

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

new text begin The correctional officer
whose formal statement is taken has the right to have a union representative or an attorney
retained by the officer, or both, present during the session. The correctional officer may
request the presence of a union representative, attorney, or both, 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 correctional officer to obtain the
presence of a union representative or attorney.
new text end

Subd. 5.

Admissions.

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.

Subd. 6.

Disclosure of financial records.

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.

Subd. 7.

Release of photographs.

No state or local 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.

Subd. 8.

Disciplinary letter.

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.

Subd. 9.

Retaliatory action prohibited.

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.

Subd. 10.

Rights not reduced.

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.