HF 2561

as introduced - 90th Legislature (2017 - 2018) Posted on 03/30/2017 09:01pm

A bill for an act
relating to public safety; requiring law enforcement agencies to report discipline
actions; requiring the Peace Officer Standards and Training Board to develop a
system to report a summary of peace officer discipline; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 626.

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

Section 1.

new text begin [626.8435] PEACE OFFICER DISCIPLINE REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Annual data; submission. new text end

new text begin Beginning January 15, 2018, and annually
thereafter, the chief law enforcement officer of a law enforcement agency shall submit the
following data regarding peace officers employed by the law enforcement agency in the
previous calendar year to the Peace Officer Standards and Training Board:
new text end

new text begin (1) the name and license number of an employed peace officer;
new text end

new text begin (2) the existence and status of any complaint or charge made against an employed peace
officer including:
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new text begin (i) the peace officer's name and license number;
new text end

new text begin (ii) the nature of the complaint or charge;
new text end

new text begin (iii) whether the complaint or charge resulted in disciplinary action;
new text end

new text begin (iv) the final disposition of a complaint when disciplinary action was taken including:
new text end

new text begin (A) the specific reason for the action taken; and
new text end

new text begin (B) data documenting the basis of the action taken, except that data that would identify
confidential sources who are employees of the public body shall not be disclosed; and
new text end

new text begin (v) the final disposition of any complaint or charge:
new text end

new text begin (A) determined to be unfounded or otherwise not sustained;
new text end

new text begin (B) for which a peace officer was later exonerated; or
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new text begin (C) which resulted in a nondisciplinary resolution including, but not limited to, employee
counseling;
new text end

new text begin (3) the name and license number of any peace officer pending criminal prosecution,
excluding traffic violations;
new text end

new text begin (4) the name and license number of any peace officer who was terminated due to
substantiated findings of officer misconduct and a summary of the basis for that termination;
and
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new text begin (5) the name and license number of any peace officer, other than one terminated for
performance issues during a probationary period, whose employment was terminated by
resignation in lieu of termination as a result of officer misconduct, and a summary of the
basis for the action.
new text end

new text begin Subd. 2. new text end

new text begin Updated data. new text end

new text begin Within 30 days of final disposition of a complaint, as defined
in section 13.43, subdivision 2, paragraph (b), the chief law enforcement officer of the law
enforcement agency that employs the officer shall submit a supplemental report containing
the information identified in subdivision 1, clauses (2) to (5).
new text end

new text begin Subd. 3. new text end

new text begin Confidentiality agreement prohibited. new text end

new text begin Law enforcement agencies and political
subdivisions are prohibited from entering into a confidentiality agreement that would prevent
disclosure of the data identified in subdivision 1 to the board. Any such confidentiality
agreement is void as to the requirements of this section.
new text end

new text begin Subd. 4. new text end

new text begin Data classification. new text end

new text begin Data received by the board pursuant to subdivisions 1 and
2 is private data on individuals as defined in section 13.02, subdivision 12. This classification
does not restrict the board's authority to publish summary data as defined in section 13.02,
subdivision 19.
new text end

new text begin Subd. 5. new text end

new text begin Penalty for noncompliance. new text end

new text begin Substantial noncompliance with the reporting
requirements of subdivisions 1 and 2 shall result in a mandatory one-day suspension of the
license of the chief law enforcement officer of the noncompliant agency. The suspension
shall be managed by the board in accordance with established protocols. For purposes of
this section, "substantial noncompliance" means a failure to (1) meet the deadlines established
in subdivisions 1 and 2, and (2) respond to two subsequent requests from the board.
new text end

new text begin Subd. 6. new text end

new text begin Board report. new text end

new text begin At least annually, the board shall publish a summary of data
submitted pursuant to subdivisions 1 and 2. The summary shall be available on the board's
Web site and shall be included in any written publication reporting board activities. The
summary shall exclude peace officers' names and license numbers and any other not public
data as defined by section 13.02, subdivision 8a.
new text end

Sec. 2. new text begin APPROPRIATION; PEACE OFFICER DISCIPLINE REPORT DATABASE.
new text end

new text begin (a) $200,000 in fiscal year 2019 is appropriated from the general fund to the Peace
Officer Standards and Training Board to develop a system to classify and report peace
officer discipline by category, severity, type, and any other factor determined to be
appropriate by the board.
new text end

new text begin (b) In developing the system described in paragraph (a), the board shall consult with:
new text end

new text begin (1) the Minnesota Police and Peace Officers Association;
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new text begin (2) the Minnesota Sheriff's Association;
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new text begin (3) the Minnesota Chiefs of Police Association;
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new text begin (4) five community members appointed by the board; and
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new text begin (5) a third-party research organization with expertise in gathering and interpreting facts
and trends, evaluating programs, and preparing reports.
new text end