HF 2682

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:42pm

A bill for an act
relating to state government; modifying data practices provisions relating to
disclosure of government employee disciplinary action; requiring a study of the
grand jury process; appropriating money for crisis intervention team training;
amending Minnesota Statutes 2014, section 13.43, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, section 13.43, subdivision 2, is amended to read:

Subd. 2.

Public data.

(a) Except for employees described in subdivision 5 and
subject to the limitations described in subdivision 5a, the following personnel data on
current and former employees, volunteers, and independent contractors of a government
entity is public:

(1) name; employee identification number, which must not be the employee's Social
Security number; actual gross salary; salary range; terms and conditions of employment
relationship; contract fees; actual gross pension; the value and nature of employer paid
fringe benefits; and the basis for and the amount of any added remuneration, including
expense reimbursement, in addition to salary;

(2) job title and bargaining unit; job description; education and training background;
and previous work experience;

(3) date of first and last employment;

(4) the existence and status of any complaints or charges against the employee,
regardless of whether the complaint or charge resulted in a disciplinary action;

(5) new text begin confirmation or denial of whether the government entity has imposed disciplinary
action, and whether the employee has appealed or grieved the discipline, and new text end the final
disposition of any disciplinary action together with the specific reasons for the new text begin final new text end action
and data documenting the basis of the new text begin final new text end action, excluding data that would identify
confidential sources who are employees of the public body;

(6) the complete terms of any agreement settling any dispute arising out of an
employment relationship, including a buyout agreement as defined in section 123B.143,
subdivision 2, paragraph (a); except that the agreement must include specific reasons for
the agreement if it involves the payment of more than $10,000 of public money;

(7) work location; a work telephone number; badge number; work-related continuing
education; and honors and awards received; and

(8) payroll time sheets or other comparable data that are only used to account for
employee's work time for payroll purposes, except to the extent that release of time sheet
data would reveal the employee's reasons for the use of sick or other medical leave
or other not public data.

(b) For purposes of this subdivision, a final disposition occurs when the government
entity makes its final decision about the disciplinary action, regardless of the possibility of
any later proceedings or court proceedings. Final disposition includes a resignation by an
individual when the resignation occurs after the final decision of the government entity,
or arbitrator. In the case of arbitration proceedings arising under collective bargaining
agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
or upon the failure of the employee to elect arbitration within the time provided by the
collective bargaining agreement. A disciplinary action does not become public data if an
arbitrator sustains a grievance and reverses all aspects of any disciplinary action.

(c) The government entity may display a photograph of a current or former employee
to a prospective witness as part of the government entity's investigation of any complaint
or charge against the employee.

(d) A complainant has access to a statement provided by the complainant to a
government entity in connection with a complaint or charge against an employee.

(e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon
completion of an investigation of a complaint or charge against a public official, or if a
public official resigns or is terminated from employment while the complaint or charge is
pending, all data relating to the complaint or charge are public, unless access to the data
would jeopardize an active investigation or reveal confidential sources. For purposes
of this paragraph, "public official" means:

(1) the head of a state agency and deputy and assistant state agency heads;

(2) members of boards or commissions required by law to be appointed by the
governor or other elective officers;

(3) executive or administrative heads of departments, bureaus, divisions, or
institutions within state government; and

(4) the following employees:

(i) the chief administrative officer, or the individual acting in an equivalent position,
in all political subdivisions;

(ii) individuals required to be identified by a political subdivision pursuant to section
471.701;

(iii) in a city with a population of more than 7,500 or a county with a population of
more than 5,000: managers; chiefs; heads or directors of departments, divisions, bureaus,
or boards; and any equivalent position; and

(iv) in a school district: business managers; human resource directors; athletic
directors whose duties include at least 50 percent of their time spent in administration,
personnel, supervision, and evaluation; chief financial officers; directors; individuals
defined as superintendents and principals under Minnesota Rules, part 3512.0100; and in a
charter school, individuals employed in comparable positions.

(f) Data relating to a complaint or charge against an employee identified under
paragraph (e), clause (4), are public only if:

(1) the complaint or charge results in disciplinary action or the employee resigns or
is terminated from employment while the complaint or charge is pending; or

(2) potential legal claims arising out of the conduct that is the subject of the
complaint or charge are released as part of a settlement agreement.

This paragraph and paragraph (e) do not authorize the release of data that are made
not public under other law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin GRAND JURY PROCESS STUDY.
new text end

new text begin The Legislative Audit Commission shall direct the legislative auditor to conduct
a study of the grand jury process for officer-involved critical incidents. The study shall
include review of the grand jury process in Minnesota and across the country, and options
to update the grand jury process if the findings indicate changes are warranted. The
auditor shall report findings to the chairs and ranking minority members of the senate and
house of representatives judiciary committees having jurisdiction over criminal justice
policy and funding by July 1, 2017.
new text end

Sec. 3. new text begin APPROPRIATION; CRISIS INTERVENTION TEAM TRAINING.
new text end

new text begin $....... in fiscal year 2017 is appropriated from the general fund to the commissioner
of public safety to fund grants to train peace officers in the 40-hour crisis intervention
team training. Crisis intervention team training provides law enforcement-based crisis
intervention training to assist individuals with a mental illness, and improves the safety
of patrol officers, consumers, family members, and citizens in the community. Training
reduces both stigma and the need for further involvement with the criminal justice system.
new text end