HF 640

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/11/2022 11:46am

A bill for an act
relating to public safety; permitting local unit of government to establish civilian
oversight council for oversight of law enforcement; amending Minnesota Statutes
2020, section 626.89, subdivisions 2, 17.

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

Section 1.

Minnesota Statutes 2020, section 626.89, subdivision 2, is amended to read:

Subd. 2.

Applicability.

The procedures and provisions of this section apply to law
enforcement agencies and government units. The procedures and provisions of this section
do not apply to new text begin :
new text end

new text begin (1) investigations by civilian review boards, commissions, or other oversight bodies; or
new text end

new text begin (2) new text end investigations of criminal charges against an officer.

Sec. 2.

Minnesota Statutes 2020, section 626.89, subdivision 17, is amended to read:

Subd. 17.

Civilian review.

new text begin (a) As used in this subdivision, the following terms have the
meanings provided:
new text end

new text begin (1) "civilian oversight council" means a civilian review board, commission, or other
oversight body established by a local unit of government to provide civilian oversight of a
law enforcement agency and officers employed by the agency; and
new text end

new text begin (2) "misconduct" means a violation of law, standards promulgated by the Peace Officer
Standards and Training Board, or agency policy.
new text end

new text begin (b) A local unit of government may establish new text end a civilian deleted text begin review board, commission, or
other deleted text end oversight deleted text begin body shall not have deleted text end new text begin council and grant the council new text end the authority to make a
finding of fact or determination regarding a complaint against an officer or impose discipline
on an officer. deleted text begin A civilian review board, commission, or other oversight body may make a
recommendation regarding the merits of a complaint, however, the recommendation shall
be advisory only and shall not be binding on nor limit the authority of the chief law
enforcement officer of any unit of government.
deleted text end

new text begin (c) At the conclusion of any criminal investigation or prosecution, if any, a civilian
oversight council may conduct an investigation into allegations of peace officer misconduct
and retain an investigator to facilitate an investigation. Subject to other applicable law, a
council may subpoena or compel testimony and documents in an investigation. Upon
completion of an investigation, a council may make a finding of misconduct and recommend
appropriate discipline against peace officers employed by the agency. If the governing body
grants a council the authority, the council may impose discipline on peace officers employed
by the agency. A council shall submit investigation reports that contain findings of peace
officer misconduct to the chief law enforcement officer and the Peace Officer Standards
and Training Board's complaint committee. A council may also make policy
recommendations to the chief law enforcement officer and the Peace Officer Standards and
Training Board.
new text end

new text begin (d) The chief law enforcement officer of a law enforcement agency under the jurisdiction
of a civilian oversight council shall cooperate with the council and facilitate the council's
achievement of its goals. However, the officer is under no obligation to agree with individual
recommendations of the council and may oppose a recommendation. If the officer fails to
implement a recommendation that is within the officer's authority, the officer shall inform
the council of the failure along with the officer's underlying reasons.
new text end

new text begin (e) Peace officer discipline decisions imposed pursuant to the authority granted under
this subdivision shall be subject to the applicable grievance procedure established or agreed
to under chapter 179A.
new text end

new text begin (f) Data collected, created, received, maintained, or disseminated by a civilian oversight
council related to an investigation of a peace officer are personnel data as defined by section
13.43, subdivision 1, and are governed by that section.
new text end