MN CHIEFS ETI April 16, 2019 Saint Cloud, MN Minnesota Board of - PowerPoint PPT Presentation

MN CHIEFS ETI April 16, 2019 Saint Cloud, MN Minnesota Board of Peace Officer Standards and Training

What will be covered: POST Board Authority A. Initial Handling of Complaint B. Jurisdiction C. Investigation D. Complaint Investigation Committee E. Conference Hearing F. Disciplinary Actions G. Contested Case Hearing H. Board Decision I. Appeals J. Data Practices K. Minnesota Board of Peace Officer Standards and Training

MN POST Board Operates pursuant to: MN Statutes § 626.84 – § 626.863 ü MN Statutes Ch. 214. ü MN Statutes Ch. 14, APA ü Admin. Rules 6700.100 – 6700.2704 ü Board is represented by: Attorney Generals Office ü Legal advice to board, does not set ü policy Minnesota Board of Peace Officer Standards and Training

Initial Handling of Complaint Complaint received by Board ü Alleges a violation of statute or rule ü board is empowered to enforce Staff determines jurisdiction ü Majority are not in board’s ü jurisdiction/scope of authority Board does not function as statewide ü IA Minnesota Board of Peace Officer Standards and Training

Non-Jurisdiction Complaint forwarded to Officer’s ü agency CLEO No response from LE agency ü required by POST Letter to complainant ü Presented to CIC for dismissal, Y/N? ü Final letter to complainant ü Minnesota Board of Peace Officer Standards and Training

Jurisdiction Alleges a violation of statute or ü rule if proven to be true = board is empowered to enforce Standards of Conduct ü 6700.1600 Executive Director orders an ü investigation § 214.10 subd. 10 Minnesota Board of Peace Officer Standards and Training

Investigation MN Statute § 214.10 subd. 10 ü Appropriate LE Agency ü Written Summary to Board within 30 ü days Investigation presented to CIC ü Licensee and Complainant given ü notice of conference Opportunity to be heard ü Minnesota Board of Peace Officer Standards and Training

Complaint Investigation Com. 3 POST Board members, 2 ü must be peace officers Members appointed by POST ü Board Chair Decisions by majority vote ü Minnesota Board of Peace Officer Standards and Training

Conference Hearing Disciplinary conference is the ü CIC’s chief vehicle for resolving complaints Licensee can be represented ü by an attorney. Can result in discipline ü Confidential, closed to public ü not subject to open mtg. law. Minnesota Board of Peace Officer Standards and Training

Conference Hearing If complaint is dismissed, ü investigative data remains private. § 13.41 subd. 2 SACO agreement and the ü reasons for it are public Requires POST Board ü approval Minnesota Board of Peace Officer Standards and Training

Disciplinary Actions Temporary Restraining Order ü Cease and Desist Order ü Reprimands, suspensions, ü revocations… SACO or board order utilizing ü contested case process at OAH Minnesota Board of Peace Officer Standards and Training

Contested Case Hearing Hearing at OAH before ALJ ü ALJ issues report with findings of ü fact, conclusions and a recommendation Report is not binding on the Board ü Any board modification or rejection of ü report must be based on evidence contained in the hearing record Minnesota Board of Peace Officer Standards and Training

Appeals ü Handled by MN Court of Appeals Minnesota Board of Peace Officer Standards and Training

Data Practices § 13.41 Licensing Data: ü Complaints Confidential ü Private if dismissed ü Public, if SACO approved by Board ü Contested Hearing Public unless closed by ALJ ü Board order is public 13.41 subd. 5 ü Minnesota Board of Peace Officer Standards and Training

Reporting Admin. Rule 6700.1610 “A person with knowledge of conduct constituting grounds for action under MN statutes, chapter 214, or the board’s regulatory provisions in 6700.1610 may report the violation to the board.” Minnesota Board of Peace Officer Standards and Training

Cooperation Admin. Rule 6700.1610, subpart 4 “ A licensee who is the subject of an investigation, or who is questioned in connection with an investigation, shall cooperate fully with the investigation.” Minnesota Board of Peace Officer Standards and Training

QUESTIONS? Minnesota Board of Peace Officer Standards and Training

CONTACT Nathan R. Gove | Executive Director 1600 University, Suite #200 St. Paul, MN 55104 Email | Nathan.Gove@state.mn.us Phone | 651.643.3060 Direct | 651.201.7788 Minnesota Board of Peace Officer Standards and Training