SF 1168

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to law enforcement; peace officers standards 
  1.3             and training board; specifying the basis for 
  1.4             disciplining licensees; requiring a report; requesting 
  1.5             a study; amending Minnesota Statutes 1994, section 
  1.6             214.10, subdivision 10, and by adding subdivisions. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 214.10, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 9a.  [STANDARDS OF CONDUCT.] The board of peace 
  1.11  officers standards and training shall take disciplinary action 
  1.12  in cases of unprofessional conduct that fails to conform to the 
  1.13  minimum standards of acceptable and prevailing practice as 
  1.14  defined in rules adopted by the board.  Unprofessional conduct 
  1.15  includes but is not limited to unlawful discrimination under 
  1.16  chapter 363 or conduct that violates section 609.43, whether or 
  1.17  not there has been a conviction for a violation of that section. 
  1.18     Sec. 2.  Minnesota Statutes 1994, section 214.10, 
  1.19  subdivision 10, is amended to read: 
  1.20     Subd. 10.  [BOARD OF PEACE OFFICERS STANDARDS AND TRAINING; 
  1.21  RECEIPT OF COMPLAINT.] Any person who knows or has reason to 
  1.22  believe conduct has occurred that constitutes grounds for 
  1.23  disciplinary action by the board of peace officers standards and 
  1.24  training may report the conduct to the board.  Notwithstanding 
  1.25  the provisions of subdivision 1 to the contrary, when the 
  1.26  executive director or any member of the board of peace officer 
  2.1   standards and training produces or receives a written statement 
  2.2   or complaint that alleges a violation of a statute or rule that 
  2.3   the board is empowered to enforce, the executive director shall 
  2.4   designate the appropriate law enforcement agency to investigate 
  2.5   the complaint and shall order it to conduct an inquiry into the 
  2.6   complaint's allegations.  The investigating agency must complete 
  2.7   the inquiry and submit a written summary of it to the executive 
  2.8   director within 30 days of the order for inquiry. 
  2.9      Sec. 3.  Minnesota Statutes 1994, section 214.10, is 
  2.10  amended by adding a subdivision to read: 
  2.11     Subd. 14.  [ANNUAL REPORT.] The board of peace officers 
  2.12  standards and training annually shall prepare and submit to the 
  2.13  chairs of the judiciary committee in the house of 
  2.14  representatives and the crime prevention committee in the senate 
  2.15  a report on complaints it receives.  The report must consist of 
  2.16  summary data that does not identify individuals but indicates 
  2.17  the total number of complaints, the total number by each subject 
  2.18  matter, the number dismissed as frivolous, the number dismissed 
  2.19  on grounds other than frivolous, and the number of complaints 
  2.20  involving a peace officer who was the subject of one or more 
  2.21  complaints in any prior year. 
  2.22     The report shall contain data for each calendar year and 
  2.23  shall be submitted not later than March 15 of the year following 
  2.24  the year on which summary data is being reported. 
  2.25     Sec. 4.  [EVALUATION OF POST BOARD.] 
  2.26     The legislative audit commission is requested to direct the 
  2.27  legislative auditor to evaluate the actions of the board on 
  2.28  peace officers standards and training in disposing of 
  2.29  disciplinary complaints against licensees. 
  2.30     If the commission undertakes this evaluation, the 
  2.31  legislative auditor shall have access for purposes of the 
  2.32  evaluation to private data collected, created, or maintained by 
  2.33  the board but shall not disclose the identity of any individual 
  2.34  to the public.