THE CONTRACT
ARTICLE 34 - DISCIPLINE AND DISCHARGE
Section 1. The EMPLOYER will discipline or discharge a permanent employee only for just cause. Grievances under this Article may
be processed in accordance with the grievance procedure of this AGREEMENT.
Section 2. Discipline, when administered, will be in one or more of the following forms and normally in the following order:
A. Oral Reprimand
B. Written Reprimand
C. Suspension
D. Discharge or Disciplinary Demotion
Circumstances may warrant waiving one or more steps in the progression.
Section 3. Employees will not be questioned concerning an administrative investigation of disciplinary action unless the employee
has been given an opportunity to have a union representative present at such questioning. An employee desiring such
opportunity shall promptly notify the EMPLOYER and arrange for such representation in a timely manner. The employee
shall cooperate fully in such questioning providing full disclosure of all pertinent facts.
Section 4. Upon written request of the employee, a written reprimand shall be removed from the employee's personnel record if no
further disciplinary action has been taken against the employee within two (2) years following the date of the reprimand, or
if no disciplinary action has been taken against the employee for the same or related offenses within three (3) years
following the date of the reprimand.
Section 5. When an employee's conduct as determined by the EMPLOYER through investigation, interviews or other pertinent facts
is cause for disciplinary action(s), such disciplinary action(s) shall be taken in a timely manner.
THE LAW
241.026 CORRECTIONAL OFFICERS DISCIPLINE PROCEDURES.
Subdivision 1.Definitions.
(a) For purposes of this section, the terms defined in this subdivision have the meanings given them.
(b) "Correctional officer" and "officer" mean a person employed by the state, a state correctional facility, or a local correctional or detention facility in a security capacity.
(c) "Formal statement" means the questioning of an officer in the course of obtaining a recorded, stenographic, or signed statement to be used as evidence in a disciplinary proceeding against the officer.
Subd. 2.Applicability.
The procedures and provisions of this section apply to state and local correctional authorities.
Subd. 3.Governing formal statement procedures.
The formal statement of an officer must be taken according to subdivision 4.
Subd. 4.Place of formal statement.
The formal statement must be taken at a facility of the employing or investigating agency or at a place agreed to by the investigating individual and the investigated officer.
Subd. 5.Admissions.
Before an officer's formal statement is taken, the officer shall be advised in writing or on the record that admissions made in the course of the formal statement may be used as evidence of misconduct or as a basis for discipline.
Subd. 6.Disclosure of financial records.
No employer may require an officer to produce or disclose the officer's personal financial records except pursuant to a valid search warrant or subpoena.
Subd. 7.Release of photographs.
No state or local correctional facility or governmental unit may publicly release photographs of an officer without the written permission of the officer, except that the facility or unit may display a photograph of an officer to a prospective witness as part of an agency or unit investigation.
Subd. 8.Disciplinary letter.
No disciplinary letter or reprimand may be included in an officer's personnel record unless the officer has been given a copy of the letter or reprimand.
Subd. 9.Retaliatory action prohibited.
No officer may be discharged, disciplined, or threatened with discharge or discipline as retaliation for or solely by reason of the officer's exercise of the rights provided by this section.
Subd. 10.Rights not reduced.
The rights of officers provided by this section are in addition to and do not diminish the rights and privileges of officers that are provided under an applicable collective bargaining agreement or any other applicable law.
History:
(If called to a meeting with management, read the following
or present this card to management when the meeting begins.)
If this discussion could in any way lead to my being
disciplined or terminated, or affect my personal working
conditions, I respectfully request that my union
representative, officer, or steward be present at this meeting. Until my representative arrives, I choose not to participate in
this discussion.
or present this card to management when the meeting begins.)
If this discussion could in any way lead to my being
disciplined or terminated, or affect my personal working
conditions, I respectfully request that my union
representative, officer, or steward be present at this meeting. Until my representative arrives, I choose not to participate in
this discussion.
MNPEA LEGAL DEFENSE
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