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Police hiring, training, and disciplinary requirements in Minnesota
| Police hiring, training, and discipline |
|---|
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| • Police collective bargaining agreements (CBAs) • Ballotpedia CBA dashboard •Reform proposals •CBA areas of inquiry and disagreement •Arguments about police collective bargaining • Index of articles about criminal justice policy |
| Click here for more analysis of police hiring, training, and disciplinary requirements by state and city on Ballotpedia |
This page provides an overview of policies related to the hiring, training, and discipline of police officers in Minnesota. It is part of an analysis of police union collective bargaining agreements and related arrangements with police unions concerning hiring, training, and disciplinary requirements in the 50 states and top 100 cities by population.
Background
Ballotpedia in 2023 examined the collective bargaining agreements, statutes, and regulatory codes governing the 50 states and the top 100 US cities by population through the lens of a series of research questions related to police hiring, training, and discipline.
Some of the hiring, training, and discipline standards for police officers not established by statutes or regulations arise from negotiations with police unions. Those negotiations are often codified in collective bargaining agreements (CBAs). Those agreements are the contracts that states and cities sign following negotiations with police unions. Some states and cities restrict collective bargaining, but may still negotiate with police unions using other methods. After negotiating with the unions, those jurisdictions sometimes establish police standards through documents including memoranda of understanding or meet and confer agreements.
Results
The tables below link to each question Ballotpedia used to analyze the states and cities and indicate how Minnesota handles police hiring, training, and discipline. To see the provisions Ballotpedia used to support these results, click here.
CBA basics
| CBA basics | Results |
|---|---|
| Is there a CBA with the police union? | YES |
| Is the current CBA publicly available online? | YES |
Discipline and accountability
| Discipline and accountability | Results |
|---|---|
| Does the CBA contain provisions related to discipline for misconduct? | YES |
Primary discipline authority: Police Department, State of Minnesota; Types: Oral reprimand, written reprimand, suspension, demotion, discharge; Restricted aspects: N/A ; Challenge/appeal process: Union grievance procedure, except oral reprimand. Probationary employees cannot use this procedure.Union representative shall be present at any investigation where employee may be discharged or suspended. Employee must waive right to union representative in writing, with copy of waiver provided to union. When authority suspends, demotes, or discharges a permanent employee, both the employee and union shall be provided with a written copy of reasons for action. Oral reprimands are not grievable or arbitrable. | |
| Does the CBA forbid the transfer or reassignment of an officer as a form of discipline? | NO |
| Do officers have a right to request third-party arbitration for grievances, including over disciplinary actions? | YES |
Condition: Unresolved grievances regarding disciplinary action may be referred to arbitration within 14 days of receipt of the appointing authority's answer; Selection: Both parties agree on an arbitrator from a list of five; Provider: The parties can request a list of five arbitrators from the Bureau of Mediation Services; Arbitrator authority: The arbitrator's decision is final and bindingGrievances can be submitted for mediation before the Bureau of Mediation Services prior to arbitration. Both parties must disclose the names of all witnesses that may be called to testify and permit the inspection of documents and physical evidence prior to an arbitration hearing. | |
| Does the CBA explicitly allow for a state ombudsman outside particular police departments to hold law enforcement officers accountable for misconduct? | NO |
Legal limitations or provisions
| Legal limitations or provisions | Results |
|---|---|
| Does the city CBA prohibit felons from becoming law enforcement officers? | NO |
| Are there any statutes or regulations that prohibit collective bargaining with police unions? | NO |
| Does the state have a "police bill of rights" statute or regulation? | YES |
Police officer rights under disciplinary procedure, including right to representation. | |
Training and counseling
Community relations and oversight
| Community relations and oversight | Results |
|---|---|
| Does the CBA reference citizen review boards? | NO |
| Does the CBA have provisions related to community policing? | NO |
Investigations
| Investigations | Results |
|---|---|
| Does the CBA contain provisions related to misconduct investigations? | YES |
Disciplinary procedure | |
| Does the CBA require notice to officers of investigations? | YES |
Conditions: N/A; Timeline: N/A; Content: Must include a clear and concise statement, including the issue, date, and section of agreement involved | |
| Does the CBA determine a timeline for investigations? | YES |
Timeline to launch: Less than 21 days; Timeline to conclude: N/A | |
| Does the CBA contain provisions related to compensation during misconduct investigations? | YES |
At the department's discretion, an employee may be put on paid leave during an investigation for up to 30 days (or more with approval). | |
Evidence and records
| Evidence and records | Results |
|---|---|
| Does the CBA have provisions related to the use of body-worn cameras or body-worn camera video evidence? | NO |
| Does the CBA regulate processes for retaining officer disciplinary records? | YES |
Record storage: N/A; Storage authority: N/A; Types of records: Written reprimand, suspension, or demotion; Timeline: "If no disciplinary action is taken against an employee for a period of two (2) calendar years following a written reprimand, upon written request of the employee, the Employer shall remove all records of the written reprimand from the employee's personnel file. If no disciplinary action is taken against an employee for a period of three (3) calendar years following a suspension or demotion, upon written request of the employee, the Employer shall remove all records of the suspension or demotion from the employee's personnel file"; Access and use: employees have access to their personnel file; Use in decisions: N/A | |
Qualifications and evaluation
| Qualifications and evaluation | Results |
|---|---|
| Does the CBA require performance evaluations? | NO |
| Does the CBA restrict licensing procedures for law enforcement officers or departments? | NO |
Union authority
| Union authority | Results |
|---|---|
| Does the CBA limit union authority to pay and benefits issues? | NO |
| Does the CBA give the union the power to approve or disapprove new training programs for law enforcement officers? | NO |
| Does the CBA have provisions involving the union in the process for promotions, unit assignments, and transfers? | YES |
State will notify union prior to creation or assignment of new classes; State retains the right to promote and transfer; when most senior officer not chosen, they may request the state send their reasons to the union; State shall send union info of new hires, changes in classification within 30 days | |
See also
Footnotes
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