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HF 640

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/15/2021 09:34pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; requiring local units of government to establish law
enforcement citizen oversight councils; specifying powers and duties of the councils
and the responsibilities of local authorities toward them; appropriating money;
amending Minnesota Statutes 2020, section 626.89, subdivisions 2, 17; proposing
coding for new law in Minnesota Statutes, chapter 626.

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

Section 1.

Minnesota Statutes 2020, section 626.89, subdivision 2, is amended to read:


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 tonew text begin :
new text end

new text begin (1) investigations and proceedings of a citizen oversight council described in section
626.99; or
new text end

new text begin (2)new text end investigations of criminal charges against an officer.

Sec. 2.

Minnesota Statutes 2020, section 626.89, subdivision 17, is amended to read:


Subd. 17.

deleted text begin Civilian reviewdeleted text end new text begin Citizen oversightnew text end .

deleted text begin A civilian review board, commission, or
other oversight body shall not have the authority to make a finding of fact or determination
regarding a complaint against an officer or impose discipline on an officer. A civilian review
board, commission, or other oversight body may make a recommendation regarding the
merits of a complaint, however, the recommendation shall be advisory only and shall not
be binding on nor limit the authority of the chief law enforcement officer of any unit of
government
deleted text end new text begin The powers and duties of citizen oversight councils for law enforcement agencies
are established under section 626.99
new text end .

Sec. 3.

new text begin [626.99] LOCAL CITIZEN OVERSIGHT COUNCILS FOR LAW
ENFORCEMENT AGENCIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "law enforcement agency" has the
meaning given in section 626.84, subdivision 1, paragraph (f), but does not include state-level
law enforcement agencies.
new text end

new text begin Subd. 2. new text end

new text begin Councils required. new text end

new text begin The governing body of each local unit of government that
oversees a law enforcement agency that employs 50 or more officers shall establish a citizen
oversight council in compliance with this section.
new text end

new text begin Subd. 3. new text end

new text begin Council membership. new text end

new text begin The membership of a citizen oversight council must
reflect a broad cross section of the community it represents, including the community's
minority and youth populations. The membership must also include individuals who often
come into contact with, or who are affected by, the peace officers of the law enforcement
agency that the council oversees, other than suspects who are in criminal investigations.
The membership of the majority of a council must be weighted toward citizen members.
However, a council may also include members that reflect other specific viewpoints, such
as law enforcement, prosecutors, educators, mental health professionals, clergy, and business
and commercial leaders. A council shall elect a chair from among its members at its first
meeting. The board must develop and publish guidance on the best practices for selecting,
training, and educating oversight council members.
new text end

new text begin Subd. 4. new text end

new text begin Operation of council; powers and duties. new text end

new text begin (a) A citizen oversight council shall
meet on a regular basis. Meetings are open to the public and public testimony may be taken.
new text end

new text begin (b) A council's purpose is to encourage and provide community participation in the
operation of the law enforcement agency it oversees. A council shall work collaboratively
with the governing body of the local unit of government with authority over the agency and
the agency's chief law enforcement officer.
new text end

new text begin (c) A council may make recommendations and provide assessments relating to any facet
of the operation of the agency, including but not limited to:
new text end

new text begin (1) law enforcement tactics and strategies, such as community policing;
new text end

new text begin (2) the budget for the agency, including priorities on where money should be spent;
new text end

new text begin (3) training of the agency's peace officers;
new text end

new text begin (4) employment policies, such as residency requirements and minority hiring;
new text end

new text begin (5) the substantive operation of the agency relating to such matters as use of force,
profiling, diversion, data collection, equipment, militarization, general investigatory practices,
officer-initiated use of force investigations, and cooperation with other law enforcement
agencies; and
new text end

new text begin (6) personnel decisions.
new text end

new text begin In addition, a council may evaluate the performance of the agency and the agency's chief
law enforcement officer. A council may recommend whether to extend the chief's term and
on hiring a successor to the chief when a vacancy occurs.
new text end

new text begin Subd. 5. new text end

new text begin Investigations into police misconduct. new text end

new text begin (a) At the conclusion of any criminal
investigation or prosecution, if any, a citizen oversight council may conduct an investigation
into allegations of peace officer misconduct and retain an investigator to facilitate an
investigation. Subject to other applicable law, a council may subpoena or compel testimony
and documents in an investigation. Upon completion of an investigation, a council may
make a finding of misconduct and recommend appropriate discipline against peace officers
employed by the agency. If the governing body grants a council the authority, the council
may impose discipline on peace officers employed by the agency. A council shall submit
investigation reports that contain findings of peace officer misconduct to the chief law
enforcement officer and the Peace Officer Standards and Training Board's complaint
committee. A council may also make policy recommendations to the chief law enforcement
officer and the Peace Officer Standards and Training Board. For purposes of this section,
"misconduct" means a violation of law, standards promulgated by the Peace Officer Standards
and Training Board, or agency policy.
new text end

new text begin (b) Peace officer discipline decisions imposed pursuant to the authority granted under
this subdivision shall be subject to the applicable grievance procedure established or agreed
to under chapter 179A.
new text end

new text begin Subd. 6. new text end

new text begin Duties of chief law enforcement officer. new text end

new text begin The chief law enforcement officer
of a law enforcement agency under the jurisdiction of a citizen oversight council shall
cooperate with the council and facilitate the council's achievement of its goals. However,
the officer is under no obligation to agree with individual recommendations of the council
and may oppose a recommendation. If the officer fails to implement a recommendation that
is within the officer's authority, the officer shall inform the council of the failure along with
the officer's underlying reasons.
new text end

new text begin Subd. 7. new text end

new text begin Duties of governing body. new text end

new text begin A governing body shall ensure that a council is
given the opportunity to comment in a meaningful way on any matter within its jurisdiction.
This opportunity must occur with sufficient time before action on the matter is required.
new text end

new text begin Subd. 8. new text end

new text begin Other applicable law. new text end

new text begin Chapters 13 and 13D apply to oversight councils under
this section.
new text end

new text begin Subd. 9. new text end

new text begin Annual report. new text end

new text begin A citizen oversight council shall release an annual report that
addresses its activities. At a minimum, the report must summarize the council's activities
for the past year; recommendations made by the council, including what actions, if any,
were taken by other entities in response to the recommendations; and the amount of money
spent for the council's operation and the money's source.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin TIMING.
new text end

new text begin Governing bodies of local units of government shall comply with Minnesota Statutes,
section 626.99, by September 1, 2021. A citizen oversight council shall conduct its first
meeting by October 1, 2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin COMPLIANCE REVIEWS.
new text end

new text begin Local units of government required to create a citizen oversight council under Minnesota
Statutes, section 626.99, shall demonstrate compliance with the statute to the state auditor
in a form determined by the state auditor. Citizen oversight councils shall provide a copy
of the annual reports required under Minnesota Statutes, section 626.99, subdivision 9, to
the state auditor upon issuance. By March 15 of each year, the state auditor shall report on
compliance of citizen oversight councils to the chairs and ranking minority members of the
legislative committees with jurisdiction over public safety finance and policy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6. new text begin APPROPRIATION; CITIZEN OVERSIGHT COUNCILS.
new text end

new text begin $....... in fiscal year 2022 is appropriated from the general fund to the commissioner of
public safety for grants to local units of government to establish and maintain citizen
oversight councils. Up to 2.5 percent of the appropriation may be used by the commissioner
to administer the program.
new text end