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
Minnesota Board of Peace Officer Standards and Training
A.
POST Board Authority
B.
Initial Handling of Complaint
C.
Jurisdiction
D.
Investigation
E.
Complaint Investigation Committee
F.
Conference Hearing
G.
Disciplinary Actions
H.
Contested Case Hearing
I.
Board Decision
J.
Appeals
K.
Data Practices
Minnesota Board of Peace Officer Standards and Training
Operates pursuant to:
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MN Statutes §626.84 – §626.863
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MN Statutes Ch. 214.
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MN Statutes Ch. 14, APA
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Board is represented by:
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Attorney Generals Office
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Legal advice to board, does not set policy
Minnesota Board of Peace Officer Standards and Training
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Complaint received by Board
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Alleges a violation of statute or rule board is empowered to enforce
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Staff determines jurisdiction
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Majority are not in board’s jurisdiction/scope of authority
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Board does not function as statewide IA
Minnesota Board of Peace Officer Standards and Training
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Complaint forwarded to Officer’s agency CLEO
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No response from LE agency required by POST
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Letter to complainant
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Presented to CIC for dismissal, Y/N?
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Final letter to complainant
Minnesota Board of Peace Officer Standards and Training
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Alleges a violation of statute or rule if proven to be true = board is empowered to enforce
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Standards of Conduct 6700.1600
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Executive Director orders an investigation §214.10 subd. 10
Minnesota Board of Peace Officer Standards and Training
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MN Statute §214.10 subd. 10
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Appropriate LE Agency
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Written Summary to Board within 30 days
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Investigation presented to CIC
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Licensee and Complainant given notice of conference
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Opportunity to be heard
Minnesota Board of Peace Officer Standards and Training
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3 POST Board members, 2 must be peace officers
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Members appointed by POST Board Chair
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Decisions by majority vote
Minnesota Board of Peace Officer Standards and Training
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Disciplinary conference is the CIC’s chief vehicle for resolving complaints
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Licensee can be represented by an attorney.
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Can result in discipline
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Confidential, closed to public not subject to open mtg. law.
Minnesota Board of Peace Officer Standards and Training
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If complaint is dismissed, investigative data remains
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SACO agreement and the reasons for it are public
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Requires POST Board approval
Minnesota Board of Peace Officer Standards and Training
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Temporary Restraining Order
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Cease and Desist Order
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Reprimands, suspensions, revocations…
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SACO or board order utilizing contested case process at OAH
Minnesota Board of Peace Officer Standards and Training
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Hearing at OAH before ALJ
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ALJ issues report with findings of fact, conclusions and a recommendation
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Report is not binding on the Board
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Any board modification or rejection of report must be based on evidence contained in the hearing record
Minnesota Board of Peace Officer Standards and Training
ü Handled by MN Court of
Minnesota Board of Peace Officer Standards and Training
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§13.41 Licensing Data: Complaints
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Confidential
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Private if dismissed
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Public, if SACO approved by Board Contested Hearing
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Public unless closed by ALJ
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Board order is public 13.41 subd. 5
Minnesota Board of Peace Officer Standards and Training
“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
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
Minnesota Board of Peace Officer Standards and Training
Minnesota Board of Peace Officer Standards and Training