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S.F. No. 1413 - Local Correctional Officers Discipline Procedures (A19-0203 Delete-Everything Amendment)
 
Author: Senator Karla Bigham
 
Prepared By: Chris Turner, Senate Fiscal Analyst (651/296-4350)
 
Date: March 14, 2019



 

The amendment creates local correctional officer disciplinary procedures.  Modeled on procedures already in place for state correctional officers in Minnesota Statutes, section 241.026, it expands and strengthens the rights granted in that section and codifies the local correctional officer procedures in section 641.061.

Section 1, subdivision 1.  Definitions. Provides definitions for the purposes of the bill.

Subdivision 2.  Applicability.  Provides that the bill is applicable to local correctional officers.

Subdivision 3.  Formal statement procedures.  Provides that formal statements of correctional officers must comply with subdivisions 4 to 15.

Subdivision 4.  Place of formal statement.  Provides that formal statements must take place at the facility of the employing or investigating agency, or a site agree upon by the investigator, the investigatee, and the investigatee’s exclusive representative.

Subdivision 5. Complaint. Requires that a written signed complaint be filed and a summary of the allegations supplied to the accused correctional officer before the officer is obligated to provide a formal statement.

Subdivision 6. Witnesses; investigative reports.  Requires disclosure of the names of witnesses, the anticipated testimony of witnesses, witness statements, and investigative reports, prior to administrative disciplinary hearings.

Subdivision 7. Sessions.  Requires formal statements of correctional officers to be taken during their regular shift or be paid overtime for the session.  Authorizes the officer’s exclusive representative to be present.

Subdivision 8. Record.  Requires that sessions be recorded and that complete copies of the recordings be provided to the correctional officer.

Subdivision 9. Presence of attorney and union representative.  Authorizes a correctional officer providing a formal statement to have both an attorney and union representative present.

Subdivision 10Admissions.  Requires that before an officer’s formal statement is taken, the officer be advised in writing or on the record that admissions made in a formal statement may be used as evidence against the officer.

Subdivision 11.  Disclosure of financial records.  Prohibits employers from requiring an officer to produce or disclose personal financial records without a search warrant or subpoena.

Subdivision 12.  Release of photographs.  Prohibits local correctional facilities from publicly releasing photographs of an officer without the written permission of the officer.

Subdivision 13.  Disciplinary letter.  Prohibits placement of a disciplinary letter or reprimand in an officer’s personnel record unless the officer has been given a copy of the letter or reprimand.

Subdivision 14.  Retaliatory action prohibited.  Provides that no officer may be discharged, disciplined, or threatened with discharge or discipline as retaliation by reason of the officer’s exercise of the rights provided by this section.

Subdivision 15.  Rights not reduced.  Provides that the rights of officers in this section are in addition to and do not diminish the rights of officers that are provided under an applicable bargaining agreement.

 
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