SF 2812

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/14/2023 07:50am

A bill for an act
relating to corrections; establishing a local correctional officers discipline
procedures act; proposing coding for new law in Minnesota Statutes, chapter 641.

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

Section 1.

new text begin [641.061] LOCAL CORRECTIONAL OFFICERS DISCIPLINE
PROCEDURES.
new text end

new text begin Subdivision 1. 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) "Correctional officer" or "officer" means a person employed by a sheriff's office or
administrative service unit under the Community Corrections Act in chapter 401.
new text end

new text begin (c) "Exclusive representative" means an employee organization which has been certified
by the commissioner of the Bureau of Mediation Services to meet and negotiate with an
employer on behalf of all employees in the appropriate unit.
new text end

new text begin (d) "Formal statement" means the questioning of an officer in the course of obtaining a
recorded, stenographic, or signed statement to be used as evidence in a disciplinary
proceeding against the officer.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin This section applies to local correctional authorities.
new text end

new text begin Subd. 3. new text end

new text begin Formal statement; procedures. new text end

new text begin A formal statement of a correctional officer
must be taken according to subdivisions 4 to 15.
new text end

new text begin Subd. 4. new text end

new text begin Place of formal statement. new text end

new text begin A formal statement must be taken at a facility of
the employing or investigating agency or at a place agreed to by the investigating individual
and the investigated correctional officer.
new text end

new text begin Subd. 5. new text end

new text begin Complaint. new text end

new text begin A correctional officer's formal statement may not be taken unless
a written complaint signed by the complainant stating the complainant's knowledge is filed
with the employing or investigating agency and the correctional officer have been given a
summary of the allegations.
new text end

new text begin Subd. 6. new text end

new text begin Witnesses; investigative reports. new text end

new text begin Upon request, the investigating agency or
the correctional officer shall provide the other party with a list of witnesses the agency or
correctional officer expects to testify at an administrative hearing or arbitration authorized
to recommend, approve, or order discipline and the substance of the testimony. A party is
entitled to copies of any witness statements in the possession of the other party and an officer
is entitled to a copy of the investigating agency's investigative report, provided that any
references in a witness statement or investigative report that would reveal the identity of
confidential informants need not be disclosed except for good cause shown upon order of
the person presiding over the administrative hearing or arbitration.
new text end

new text begin Subd. 7. new text end

new text begin Sessions. new text end

new text begin Sessions at which a formal statement is taken must be of reasonable
duration and must give the correctional officer reasonable periods for rest and personal
necessities. When practicable, sessions must be held during the correctional officer's regularly
scheduled work shift. If the session is not held during the correctional officer's regularly
scheduled work shift, the correctional officer must be paid by the employing agency at the
officer's current compensation rate for time spent attending the session.
new text end

new text begin Subd. 8. new text end

new text begin Record. new text end

new text begin A complete record of sessions at which a formal statement is taken
must be made by electronic recording or otherwise. A complete copy or transcript must be
provided to the correctional officer without charge or undue delay. The session may be
recorded by the investigating officer and by the correctional officer under investigation.
new text end

new text begin Subd. 9. new text end

new text begin Presence of union representative. new text end

new text begin The correctional officer whose formal
statement is taken has the right to have a union representative present during the session.
The correctional officer may request the presence of a union representative at any time
before or during the session. When a request under this subdivision is made, no formal
statement may be taken until a reasonable opportunity is provided for the correctional officer
to obtain the presence of a union representative.
new text end

new text begin Subd. 10. new text end

new text begin Admissions. new text end

new text begin Before an officer's formal statement is taken, the officer shall
be advised in writing or on the record that admissions made in the course of the formal
statement may be used as evidence of misconduct or as a basis for discipline.
new text end

new text begin Subd. 11. new text end

new text begin Disclosure of financial records. new text end

new text begin No employer may require an officer to
produce or disclose the officer's personal financial records except pursuant to a valid search
warrant or subpoena.
new text end

new text begin Subd. 12. new text end

new text begin Release of photographs. new text end

new text begin No local correctional facility or governmental unit
may publicly release photographs of an officer without the written permission of the officer,
except that the facility or unit may display a photograph of an officer to a prospective witness
as part of an agency or unit investigation.
new text end

new text begin Subd. 13. new text end

new text begin Disciplinary letter. new text end

new text begin No disciplinary letter or reprimand may be included in
an officer's personnel record unless the officer has been given a copy of the letter or
reprimand.
new text end

new text begin Subd. 14. new text end

new text begin Retaliatory action prohibited. new text end

new text begin No officer may be discharged, disciplined,
or threatened with discharge or discipline as retaliation for or solely by reason of the officer's
exercise of the rights provided by this section.
new text end

new text begin Subd. 15. new text end

new text begin Rights not reduced. new text end

new text begin The rights of officers provided by this section are in
addition to and do not diminish the rights and privileges of officers that are provided under
an applicable collective bargaining agreement or any other applicable law.
new text end