2007 Minnesota Statutes

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 (d), 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.
History: 1991 c 334 s 1; 2007 c 13 art 3 s 34