Bill Text: MN HF432 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Local correctional officers disciplinary interview rights established.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2011-02-17 - Author added Slocum [HF432 Detail]
Download: Minnesota-2011-HF432-Introduced.html
1.2relating to public safety; establishing local correctional officers disciplinary
1.3interview rights;proposing coding for new law in Minnesota Statutes, chapter
1.4641.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [641.095] LOCAL CORRECTIONAL OFFICER DISCIPLINARY
1.7INTERVIEW RIGHTS.
1.8 Subdivision 1. Definitions. For purposes of this section, "officer" is a person who:
1.9(1) is employed in a county correctional institution as a correctional guard or
1.10officer, a joint jailer/dispatcher, or supervisor of correctional guards or officers or joint
1.11jailers/dispatchers;
1.12(2) is directly responsible for the direct security, custody, and control of the county
1.13correctional institution and its inmates; and
1.14(3) is expected to respond to incidents within the county correctional institution as
1.15part of the person's regular employment duties and is trained to do so.
1.16 Subd. 2. Applicability. The procedures and provisions of this section apply to law
1.17enforcement agencies and government units.
1.18 Subd. 3. Presence of attorney and union representative. An officer subject to
1.19a disciplinary interview administered by a licensed peace officer has the right to have a
1.20union representative or an attorney retained by the officer, or both, present during the
1.21interview. The officer may request the presence of the attorney or the union representative,
1.22or both, at any time before or during the interview. When a request under this subdivision
1.23is made, the officer may not be interviewed or questioned until a reasonable opportunity is
1.24provided for the officer to obtain the presence of the attorney or the union representative.
2.1 Subd. 4. Retaliatory action prohibited. No officer may be discharged, disciplined,
2.2or threatened with discharge or discipline as retaliation for or solely by reason of the
2.3officer's exercise of the rights provided by this section.
2.4 Subd. 5. Rights not reduced. The rights of officers provided by this section are in
2.5addition to and do not diminish the rights and privileges of officers that are provided under
2.6an applicable collective bargaining agreement or any other applicable law.
2.7 Subd. 6. Action for damages. Notwithstanding section 3.736 or 466.03, a political
2.8subdivision or state agency that violates this section is liable to the officer for actual
2.9damages resulting from the violation, plus costs and reasonable attorney fees. The
2.10political subdivision or the state is deemed to have waived any immunity to a cause of
2.11action brought under this subdivision, except that the monetary limits on liability under
2.12section 3.736, subdivision 4, or 466.04 apply.
1.3interview rights;proposing coding for new law in Minnesota Statutes, chapter
1.4641.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [641.095] LOCAL CORRECTIONAL OFFICER DISCIPLINARY
1.7INTERVIEW RIGHTS.
1.8 Subdivision 1. Definitions. For purposes of this section, "officer" is a person who:
1.9(1) is employed in a county correctional institution as a correctional guard or
1.10officer, a joint jailer/dispatcher, or supervisor of correctional guards or officers or joint
1.11jailers/dispatchers;
1.12(2) is directly responsible for the direct security, custody, and control of the county
1.13correctional institution and its inmates; and
1.14(3) is expected to respond to incidents within the county correctional institution as
1.15part of the person's regular employment duties and is trained to do so.
1.16 Subd. 2. Applicability. The procedures and provisions of this section apply to law
1.17enforcement agencies and government units.
1.18 Subd. 3. Presence of attorney and union representative. An officer subject to
1.19a disciplinary interview administered by a licensed peace officer has the right to have a
1.20union representative or an attorney retained by the officer, or both, present during the
1.21interview. The officer may request the presence of the attorney or the union representative,
1.22or both, at any time before or during the interview. When a request under this subdivision
1.23is made, the officer may not be interviewed or questioned until a reasonable opportunity is
1.24provided for the officer to obtain the presence of the attorney or the union representative.
2.1 Subd. 4. Retaliatory action prohibited. No officer may be discharged, disciplined,
2.2or threatened with discharge or discipline as retaliation for or solely by reason of the
2.3officer's exercise of the rights provided by this section.
2.4 Subd. 5. Rights not reduced. The rights of officers provided by this section are in
2.5addition to and do not diminish the rights and privileges of officers that are provided under
2.6an applicable collective bargaining agreement or any other applicable law.
2.7 Subd. 6. Action for damages. Notwithstanding section 3.736 or 466.03, a political
2.8subdivision or state agency that violates this section is liable to the officer for actual
2.9damages resulting from the violation, plus costs and reasonable attorney fees. The
2.10political subdivision or the state is deemed to have waived any immunity to a cause of
2.11action brought under this subdivision, except that the monetary limits on liability under
2.12section 3.736, subdivision 4, or 466.04 apply.
