HF 91

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 06:32pm

A bill for an act
relating to public safety; creating a process to collect and analyze data on complaints
filed against peace officers; providing for a peace officer discipline report;
expanding the membership of the Board of Peace Officer Standards and Training;
establishing a Police-Community Relations Council to report to and advise the
Peace Officer Standards and Training Board; appropriating money; amending
Minnesota Statutes 2018, sections 626.841; 626.8457, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 626.

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

Section 1.

Minnesota Statutes 2018, section 626.841, is amended to read:

626.841 BOARD; MEMBERS.

The Board of Peace Officer Standards and Training shall be composed of the following
deleted text begin 15 deleted text end new text begin 19 new text end members:

(1) two members to be appointed by the governor from among the county sheriffs in
Minnesota;

(2) four members to be appointed by the governor from among peace officers in
Minnesota municipalities, at least two of whom shall be chiefs of police;

(3) two members to be appointed by the governor from among peace officers, at least
one of whom shall be a member of the Minnesota State Patrol Association;

(4) the superintendent of the Minnesota Bureau of Criminal Apprehension or a designee;

(5) two members appointed by the governor from among peace officers, or former peace
officers, who are currently employed on a full-time basis in a professional peace officer
education program;

(6) two members to be appointed by the governor, one member to be appointed from
among administrators of Minnesota colleges or universities that offer professional peace
officer education, and one member to be appointed from among the elected city officials in
statutory or home rule charter cities of under 5,000 population outside the metropolitan
area, as defined in section 473.121, subdivision 2; deleted text begin and
deleted text end

(7) deleted text begin two deleted text end new text begin four new text end members appointed by the governor from among the general public new text begin , of
which at least one member must be a representative of a statewide crime victim coalition,
at least one member must be a person of color, and at least one member must be a resident
of a county other than a metropolitan county as defined in section 473.121, subdivision 4;
and
new text end

new text begin (8) two members appointed by the commissioner of human rights from the general
public, of which one member must be a community organizer nominated by an organization
that organizes direct action campaigns and one member must have experience serving on
a law enforcement agency's civilian review board new text end .

A chair shall be appointed by the governor from among the members. In making
appointments the governor shall strive to achieve representation from among the geographic
areas of the state.

Sec. 2.

new text begin [626.8434] POLICE-COMMUNITY RELATIONS COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment and membership. new text end

new text begin The Police-Community Relations
Council is established under the Peace Officer Standards and Training Board. The council
consists of the following 15 members:
new text end

new text begin (1) the superintendent of the Bureau of Criminal Apprehension, or a designee;
new text end

new text begin (2) the executive director of the Peace Officer Standards and Training Board, or a
designee;
new text end

new text begin (3) the executive director of the Minnesota Police and Peace Officers Association, or a
designee;
new text end

new text begin (4) the executive director of the Minnesota Sheriff's Association, or a designee;
new text end

new text begin (5) the executive director of the Minnesota Chiefs of Police Association, or a designee;
and
new text end

new text begin (6) ten community members, of which:
new text end

new text begin (i) four members shall represent the community-specific boards established under section
257.0768, reflecting one appointment made by each board;
new text end

new text begin (ii) two members shall be mental health advocates, of which one member shall be
appointed by the Minnesota chapter of the National Alliance on Mental Illness and the other
appointed by the governor's Council on Mental Health;
new text end

new text begin (iii) two members shall be advocates for victims, of which one member shall be appointed
by the Violence Free Minnesota and the other appointed by the Minnesota Coalition Against
Sexual Assault;
new text end

new text begin (iv) one member shall represent a community organization that organizes direct action
campaigns and shall be appointed by the commissioner of human rights; and
new text end

new text begin (v) one member shall have experience serving on a law enforcement agency's civilian
review board and shall be appointed by the commissioner of human rights.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The council shall:
new text end

new text begin (1) make recommendations on police-community relations to the board;
new text end

new text begin (2) review and make disciplinary and policy recommendations to the board on civilian
initiated police misconduct complaints filed with the board; and
new text end

new text begin (3) monitor and make recommendations on peace officer community policing excellence
data collected under section 626.8435.
new text end

new text begin (b) The council's recommendations to the board under paragraph (a), clause (2), must
be implemented by the board unless two-thirds of the members vote to reject a
recommendation within three months of receiving the recommendation from the council.
new text end

new text begin Subd. 3. new text end

new text begin Organization. new text end

new text begin The council shall be organized and administered under section
15.059, except that subdivision 2 shall not apply. Council members serve at the pleasure of
the appointing authority. The council shall select a chairperson from among the members
by majority vote at its first meeting. The chair may serve in that role for a period of two
years. The executive director of the board shall serve as the council's executive secretary
and is an ex officio, nonvoting member. The council does not expire.
new text end

new text begin Subd. 4. new text end

new text begin Meetings. new text end

new text begin The council must meet at least quarterly. Meetings of the council
are governed by chapter 13D.
new text end

new text begin Subd. 5. new text end

new text begin Office support. new text end

new text begin The executive director of the board shall provide the council
with the necessary office space, supplies, equipment, and clerical support to effectively
perform the duties imposed.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

new text begin [626.8435] PEACE OFFICER COMMUNITY POLICING EXCELLENCE
DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of this section is:
new text end

new text begin (1) to create data profiles for stakeholders to conduct needs assessments and make
appropriate recommendations to drive improvements in police effectiveness, efficiency,
training, supervision, procedural justice, accountability, and community relations;
new text end

new text begin (2) for police departments to more effectively manage their risks and improve
transparency; and
new text end

new text begin (3) for community members and advocates, as well as policy makers, decision makers,
and funders to have access to accurate relevant information to help improve policing practices
in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Data submission. new text end

new text begin (a) Beginning January 15, 2021, a chief law enforcement
officer of a law enforcement agency shall submit the following data regarding peace officers
employed by the law enforcement agency to a designated community-based research
organization:
new text end

new text begin (1) the existence and status of a complaint made against an employed peace officer
including:
new text end

new text begin (i) the peace officer's unique identifier;
new text end

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

new text begin (iii) whether the complaint was filed by a member of the public, a law enforcement
agency, or another source;
new text end

new text begin (iv) whether the complaint resulted in disciplinary action;
new text end

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

new text begin (C) which resulted in a nondisciplinary resolution including, but not limited to, employee
counseling;
new text end

new text begin (2) the unique identifier of any peace officer pending criminal prosecution, excluding
traffic violations;
new text end

new text begin (3) the unique identifier of any peace officer who was terminated due to substantiated
findings of officer misconduct and a summary of the basis for that termination;
new text end

new text begin (4) the unique identifier of any peace officer 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; and
new text end

new text begin (5) the unique identifier of any peace officer involved in a use of force incident.
new text end

new text begin (b) For purposes of this section "complaint" means all formally filed allegations involving:
new text end

new text begin (1) public reported misconduct;
new text end

new text begin (2) excessive force;
new text end

new text begin (3) the integrity or truthfulness of an officer;
new text end

new text begin (4) violations of the law; or
new text end

new text begin (5) sexual misconduct or harassment.
new text end

new text begin (c) The board shall establish and publish guidelines, in consultation with the designated
community-based research organization, that are consistent with paragraph (b) on what
constitutes a valid complaint that must be reported under this section.
new text end

new text begin (d) The reporting requirements in paragraph (a) are in addition to any other officer
discipline reporting requirements established in law. Failure of a chief law enforcement
officer to comply with the reporting requirements established under this section is a violation
of the peace officer professional code of conduct established pursuant to section 626.8457.
new text end

new text begin Subd. 3. new text end

new text begin Data storage and access. new text end

new text begin (a) The designated community-based research
organization shall store the data collected under this section on a secure server.
new text end

new text begin (b) The Peace Officers Standards and Training Board and the Police-Community
Relations Council must have direct access to both summary and individual data collected
under this section.
new text end

new text begin Subd. 4. 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 2, clauses (1) to (5).
new text end

new text begin Subd. 5. new text end

new text begin Monitoring data; pattern of misconduct. new text end

new text begin The designated community-based
research organization must monitor the data on an ongoing basis to collect data on officers
subject to multiple complaints and excessive use of force incidents and, in consultation with
the Police-Community Relations Council, establish criteria for notifying an officer's employer
when the officer has been determined to have an excessive number of complaints. If the
criteria for notifying an officer's employer are met, the designated community-based research
organization, after consulting with the Police-Community Relations Council, shall notify
the officer's employer and suggest the need for an intervention. A notice sent under this
subdivision is not available to the public.
new text end

new text begin Subd. 6. 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 2 to the board. Any such confidentiality
agreement is void as to the requirements of this section.
new text end

new text begin Subd. 7. new text end

new text begin Data classification. new text end

new text begin Data received by the designated community-based research
organization pursuant to subdivisions 2 and 3 is private data on individuals as defined in
section 13.02, subdivision 12, and the data must be maintained according to the statutory
provisions applicable to the data. This classification does not restrict the organization's
authority to publish summary data as defined in section 13.02, subdivision 19.
new text end

new text begin Subd. 8. new text end

new text begin Public report. new text end

new text begin At least annually, the designated community-based research
organization shall publish a summary of data submitted pursuant to subdivisions 1 and 2.
The board shall make the summary available on the board's website. 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. 4.

Minnesota Statutes 2018, section 626.8457, subdivision 1, is amended to read:

Subdivision 1.

Model policy to be developed.

By March 1, 1996, the Peace Officer
Standards and Training Board shall develop and distribute to all chief law enforcement
officers a model policy regarding the professional conduct of peace officers. The policy
must address issues regarding professional conduct not addressed by the standards of conduct
under Minnesota Rules, part 6700.1600. The policy must define unprofessional conduct to
include, but not be limited to, conduct prohibited by section 609.43 new text begin , including timely
submission of peace officer misconduct data under section 626.8435 new text end , whether or not there
has been a conviction for a violation of that section. The policy must also describe the
procedures that a local law enforcement agency may follow in investigating and disciplining
peace officers alleged to have behaved unprofessionally.

Sec. 5. new text begin INITIAL APPOINTMENTS; PROPOSED MEETING.
new text end

new text begin Initial appointments to the Police-Community Relations Council established in section
1 must be made no later than August 1, 2020. The executive director of the Peace Officer
Standards and Training Board must convene the council's first meeting no later than
September 1, 2020.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 6. new text begin APPROPRIATION; PEACE OFFICER COMMUNITY POLICING
EXCELLENCE REPORT DATABASE.
new text end

new text begin (a) $....... in fiscal year 2021 is appropriated from the general fund to the Office of Justice
Programs for a grant to a qualified community-based research organization to develop a
system to classify and report peace officer discipline by category, severity, type, and
demographic data of those involved in the incident. The executive director of the Office of
Justice Programs must consult with the Police-Community Relations Council before selecting
a community-based research organization to receive the grant. As part of the system, the
grant recipient must develop and incorporate:
new text end

new text begin (1) a protocol to assign a unique identifier for each peace officer; and
new text end

new text begin (2) safeguards to protect personal identifying information of peace officers.
new text end

new text begin (b) The grant recipient, in consultation with the stakeholder group identified in paragraph
(c), may recommend changes on how to adapt the system under paragraph (a) to collect
additional policing data that corresponds with peace officer interactions with the public
generally and suspects, arrests, and victims specifically.
new text end

new text begin (c) In developing the system described in paragraph (a), the grant recipient shall consult
with the Police-Community Relations Council established under section 626.8434.
new text end