HF 4497

as introduced - 90th Legislature (2017 - 2018) Posted on 05/14/2018 09:47am

A bill for an act
relating to public safety; authorizing law enforcement agencies to terminate peace
officers who have substantiated incidents of dishonest conduct; 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 [626.892] LAW ENFORCEMENT INTEGRITY ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Title. new text end

new text begin This section shall be known as the "Law Enforcement Integrity
Act."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

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

new text begin (b) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f), clause (1).
new text end

new text begin (c) "Officer" means a licensed peace officer or part-time peace officer, as defined in
section 626.84, subdivision 1, paragraphs (c) and (d), who is employed by a unit of state or
local government.
new text end

new text begin (d) "Prosecutorial authority" means the county attorney for the county where a law
enforcement agency is located or the attorney general in cases that a state law enforcement
agency seeks to terminate an officer under this section.
new text end

new text begin (e) "Substantiated act" means a willful act committed by an officer that bears directly
on the officer's credibility, integrity, and honesty and that the prosecutorial authority
determines must be disclosed as impeachment or exculpatory evidence in any criminal case
that the officer may be called to testify.
new text end

new text begin Subd. 3. new text end

new text begin Termination permitted. new text end

new text begin A law enforcement agency may terminate an officer
who has committed a substantiated act as determined by a prosecutorial authority under
subdivision 4. An officer may challenge the finding of a substantiated act and exercise all
of the officer's due process rights, as provided in subdivision 5, prior to being terminated.
new text end

new text begin Subd. 4. new text end

new text begin Investigation; findings. new text end

new text begin (a) For an act to justify termination of an officer under
this section, the prosecutorial authority must have clear and convincing evidence to
substantiate that the officer willfully committed the act and issue a finding that the
prosecutorial authority would be obligated to disclose the act as impeachment or exculpatory
evidence in any criminal case that the officer may be called to testify.
new text end

new text begin (b) A chief law enforcement officer who has a well-founded belief, supported by impartial
evidence, that an officer in the department has committed a willful act warranting termination
under this section may request that the prosecutorial authority determine if: (1) there is clear
and convincing evidence that the officer committed the act willfully; (2) the conduct bears
directly on the officer's credibility, integrity, and honesty; and (3) the act must be disclosed
as impeachment or exculpatory evidence in any criminal case that the officer may be called
to testify. The chief law enforcement officer shall not name the officer in the request to the
prosecutorial authority under this paragraph and must redact the officer's name and other
identifying information from documents submitted to the prosecutorial authority. The
prosecutorial authority shall issue findings to the chief law enforcement officer within ten
days of receiving a request under this paragraph or inform the law enforcement agency that
additional information is needed to make a determination. After receiving requested additional
information, the prosecutorial authority shall have ten days to issue findings.
new text end

new text begin Subd. 5. new text end

new text begin Officer rights. new text end

new text begin (a) If a law enforcement agency initiates termination of an
officer based on a substantiated act, the chief law enforcement officer shall provide timely
notice to the officer and the collective bargaining unit that represents the officer.
new text end

new text begin (b) An officer subject to termination is entitled to challenge the prosecutorial authority's
substantiation of an act under this section through binding arbitration. The officer's challenge
is limited to the prosecutorial authority's finding that there is clear and convincing evidence
that the officer willfully committed an act that bears directly on the officer's credibility,
integrity, and honesty. If an officer files a challenge under this paragraph, it is the obligation
of the law enforcement agency that employs the officer to defend the prosecutorial authority's
findings. The officer is entitled to all rights granted to the officer under section 626.89, the
law enforcement agency's employment policies, and the officer's collective bargaining
agreement.
new text end

new text begin (c) If an arbiter concludes that the prosecutorial authority's substantiation of an act was
justified, the officer is not entitled to challenge termination under this section.
new text end

new text begin Subd. 6. new text end

new text begin Officer retention. new text end

new text begin If an arbiter makes a finding that an act is not substantiated,
the arbiter's decision does not alter a prosecutor's obligation to disclose the act as
impeachment or exculpatory evidence in a criminal case that the officer may be called to
testify.
new text end

new text begin Subd. 7. new text end

new text begin Policies. new text end

new text begin By September 1, 2019, each chief law enforcement officer shall
establish and enforce a written policy to implement this section.
new text end