SF 1688

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/27/2015 08:31am

A bill for an act
relating to state government; requiring policies and procedures that certain
entities in the executive branch and the Minnesota State Colleges and Universities
must follow when investigating an entity's own employee; amending Minnesota
Statutes 2014, sections 16A.06, by adding a subdivision; 136F.06, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2014, section 16A.06, is amended by adding a
subdivision to read:

new text begin Subd. 12. new text end

new text begin Investigations. new text end

new text begin The commissioner shall establish policies and procedures
that agencies in the executive branch must follow when conducting an investigation
of one of their own employees. The policies and procedures shall ensure that the
investigative methods used for such investigations are fair and thorough, the findings
are fully documented, and the conclusions are supported by the facts determined by the
investigation. The policies and procedures shall establish criteria for when an agency
in the executive branch must use an investigator outside of the agency to conduct the
investigation. The policies and procedures shall also ensure that agencies in the executive
branch fulfill their responsibility to report information to the legislative auditor as required
by Minnesota Statutes, section 3.971, subdivision 9. For purposes of this subdivision,
"agencies in the executive branch" means all agencies in the executive branch except the
Minnesota State Colleges and Universities. Nothing in this section creates authority for an
agency to conduct an investigation that it is not otherwise authorized to conduct.
new text end

Sec. 2.

Minnesota Statutes 2014, section 136F.06, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Investigations. new text end

new text begin The board shall establish policies and procedures that
must be followed when any entity within the Minnesota State Colleges and Universities
system is conducting an investigation of one of its own employees. The policies and
procedures shall ensure that the investigative methods used for such investigations are fair
and thorough, the findings are fully documented, and the conclusions are supported by the
facts determined by the investigation. The policies and procedures shall establish criteria
for when an investigator outside of the Minnesota State Colleges and Universities system
must be used to conduct the investigation. The policies and procedures shall also ensure
that officials and employees within the Minnesota State Colleges and Universities system
fulfill their responsibility to report information to the legislative auditor as required by
Minnesota Statutes, section 3.971, subdivision 9. Nothing in this section creates authority
for the Minnesota State Colleges and Universities to conduct an investigation that it is not
otherwise authorized to conduct.
new text end