Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 334-S.F.No. 351 
           An act relating to peace officers; guaranteeing peace 
          officers certain rights when a formal statement is 
          taken for disciplinary purposes; proposing coding for 
          new law in Minnesota Statutes, chapter 626. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [626.89] [PEACE OFFICER DISCIPLINE PROCEDURES 
ACT.] 
    Subdivision 1.  [DEFINITIONS.] For purposes of this 
section, the terms defined in this subdivision have the meanings 
given them. 
    (a) "Administrative hearing" means a nonjudicial hearing or 
arbitration authorized to recommend, approve, or order 
discipline. 
    (b) "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. 
    (c) "Officer" means a licensed peace officer or part-time 
peace officer, as defined in section 626.84, subdivision 1, 
paragraphs (c) and (f), who is employed by a unit of government. 
    Subd. 2.  [APPLICABILITY.] The procedures and provisions of 
this section apply to law enforcement agencies and government 
units.  The procedures and provisions of this section do not 
apply to: 
    (1) investigations and proceedings of the Minneapolis 
civilian police review authority; or 
    (2) investigations of criminal charges against an officer. 
    Subd. 3.  [GOVERNING FORMAL STATEMENT PROCEDURES.] The 
formal statement of an officer must be taken in accordance with 
subdivisions 4 to 10. 
    Subd. 4.  [PLACE OF FORMAL STATEMENT.] The 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 officer. 
    Subd. 5.  [COMPLAINT.] An officer's formal statement may 
not be taken unless there is filed with the employing or 
investigating agency a written complaint signed by the 
complainant stating the complainant's knowledge, and the officer 
has been given a summary of the allegations.  Complaints stating 
the signer's knowledge also may be filed by members of the law 
enforcement agency.  Before an administrative hearing is begun, 
the officer must be given a copy of the signed complaint. 
     Subd. 6.  [WITNESSES; INVESTIGATIVE REPORTS.] Upon request, 
the investigating agency or the officer shall provide the other 
party with a list of witnesses that the agency or officer 
expects to testify at the administrative hearing 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 upon 
order of the person presiding over the administrative hearing 
for good cause shown. 
    Subd. 7.  [SESSIONS.] Sessions at which a formal statement 
is taken must be of reasonable duration and must give the 
officer reasonable periods for rest and personal necessities.  
When practicable, sessions must be held during the officer's 
regularly scheduled work shift.  If the session is not held 
during the officer's regularly scheduled work shift, the officer 
must be paid by the employing agency at the officer's current 
compensation rate for time spent attending the session.  
    Subd. 8.  [RECORD.] A complete record of sessions at which 
a formal statement is taken must be made by electronic recording 
or otherwise.  Upon written request of the officer whose 
statement is taken, a complete copy or transcript must be made 
available to the officer without charge or undue delay.  The 
session may be tape recorded by the investigating officer and by 
the officer under investigation. 
    Subd. 9.  [PRESENCE OF ATTORNEY OR UNION REPRESENTATIVE.] 
The officer whose formal statement is taken has the right to 
have an attorney or union representative of the officer's 
choosing present during the session.  The officer may request 
the presence of an attorney or 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 officer to obtain the 
presence of the attorney or union representative. 
    Subd. 10.  [ADMISSIONS.] 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. 
    Subd. 11.  [DISCLOSURE OF FINANCIAL RECORDS.] 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. 
    Subd. 12.  [RELEASE OF PHOTOGRAPHS.] No law enforcement 
agency or governmental unit may publicly release photographs of 
an officer without the written permission of the officer, except 
that the agency or unit may display a photograph of an officer 
to a prospective witness as part of an agency or unit 
investigation, and the agency or unit may provide a photograph 
of an officer to the civilian police review authority for it to 
display to a prospective witness as part of the authority's 
investigation. 
    Subd. 13.  [DISCIPLINARY LETTER.] 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. 
    Subd. 14.  [RETALIATORY ACTION PROHIBITED.] 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. 
    Subd. 15.  [RIGHTS NOT REDUCED.] 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. 
    Subd. 16.  [ACTION FOR DAMAGES.] Notwithstanding section 
3.736 or 466.03, a political subdivision or state agency that 
violates this section is liable to the officer for actual 
damages resulting from the violation, plus costs and reasonable 
attorney fees.  The political subdivision or the state is deemed 
to have waived any immunity to a cause of action brought under 
this subdivision, except that the monetary limits on liability 
under section 3.736, subdivision 4, or 466.04 apply. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective August 1, 1991, and applies to 
formal statements or actions taken on or after that date. 
    Presented to the governor May 31, 1991 
    Signed by the governor June 4, 1991, 8:33 p.m.