SF 4

as introduced - 91st Legislature, 2020 3rd Special Session (2020 - 2020) Posted on 08/13/2020 08:47am

A bill for an act
relating to investigation of civil unrest; creating a commission to investigate and
determine facts surrounding government responses to the tragic events and civil
unrest of May and June of 2020; requiring a report; appropriating money.

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

Section 1. new text begin CIVIL UNREST INVESTIGATORY COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose; finding of facts and time line of public responses. new text end

new text begin (a) The
legislature and governor of the state of Minnesota recognize that the civil unrest that occurred
in Minnesota in May and June of 2020 raises questions about the nature of orders given,
responses made, and actions taken by civil authorities. The Minnesota public lacks a
comprehensive and accurate time line of events and the role played in those events by local
authorities, state military and police, appointed and elected officials, and all other responsible
parties whose duties commanded their public response to the unprecedented events that
tragically unfolded.
new text end

new text begin (b) Civil authorities remain actively engaged at this moment in time in performing their
ongoing duties, in managing the ongoing public interest in responding to unrest, and in
helping affected citizens.
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new text begin (c) However, the creation of an accurate time line of civic responses is a crucial task
that must be completed to provide confidence to the Minnesota public in the capacity of
civil government in this and future responses. Further, the investigation into decisions and
actions cannot be undertaken by persons currently in state or local government, whose
ongoing duties and past responsibilities render them too involved for dispassionate analysis.
new text end

new text begin (d) Therefore, the Civil Unrest Investigatory Commission shall examine and create a
public record of all actions, choices, orders, and responses by all local governments, police
and military authorities, and elected officials who were crucial to the government's response
to the civil unrest that unfolded in May and June of 2020.
new text end

new text begin Subd. 2. new text end

new text begin Duties of commission. new text end

new text begin The commission shall take public and private testimony,
hold public meetings, construct a time line of official responses and actions, and issue a
public report with an accurate and dispassionate analysis of the responses of Minnesota
appointed and elected officials.
new text end

new text begin Subd. 3. new text end

new text begin Cooperation. new text end

new text begin The commission must be given access to all records and
documents held by any government entity in any way associated with the civil unrest of
May and June of 2020. Within their legal and constitutional rights, all elected and appointed
officials shall cooperate with requests made by the commission.
new text end

new text begin Subd. 4. new text end

new text begin Data. new text end

new text begin All materials and information held by or created by the commission shall
be public upon completion of the report required in this act.
new text end

Sec. 2. new text begin COMMISSION STRUCTURE.
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new text begin (a) The chief justice of the Minnesota Supreme Court shall appoint a panel of ten neutral
persons who shall make up the Civil Unrest Investigatory Commission. Appointees must
have no current involvement with any political party, must have played no role in the events
of May and June of 2020, and must have the highest personal probity and ability to command
public confidence. Appointees must be chosen based on expertise in management of public
crises and based on knowledge of government responses to civil unrest.
new text end

new text begin (b) The commission must be established by September 1, 2020. The chief justice shall
designate one member of the panel to serve as chair.
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new text begin (c) The chief justice shall determine the pay and expenses to be received by the panel.
A member's total pay, not including expenses, may not exceed $1,000.
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new text begin (d) Those funds that are, in the determination of the chair of the commission, necessary
to meet the expenses of the panel in conducting duties under this act are appropriated on an
open and standing basis to the Office of the Legislative Auditor.
new text end

new text begin (e) The commission may issue subpoenas, take testimony under oath, and hire outside
investigators.
new text end

new text begin (f) The legislative auditor shall act as fiscal agent for the commission and shall provide
administrative support to the commission.
new text end

Sec. 3. new text begin DUTIES AND REPORT.
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new text begin (a) The Civil Unrest Investigatory Commission shall:
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new text begin (1) conduct and record interviews of all elected and appointed officials who played a
role in the response to civil unrest as it occurred in May and June of 2020;
new text end

new text begin (2) establish a time line of decisions taken and choices made by elected officials;
new text end

new text begin (3) conduct a review of the responses of police, national guard, and other responders;
new text end

new text begin (4) create a time line of events, with detailed explanation of choices made by public
officials; and
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new text begin (5) issue a report, no later than December 15, 2020, with findings.
new text end

new text begin (b) The commission may:
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new text begin (1) determine if possible whether actions taken were in accord with the duties of elected
and appointed officials; and
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new text begin (2) suggest best practices that should be considered for future responses in the event of
civil unrest.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
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new text begin This act is effective the day following final enactment.
new text end