Rules govern disciplinary questioning of correctional and peace officers

Employing or investigating agencies must follow specified procedures before and during a correctional officer's formal statement. The rules cover officers employed by the state, a state correctional facility, or a local correctional or detention facility in a security role. A written complaint signed by the complainant must state the complainant's knowledge, and the officer must receive a summary of the allegations. Upon request, each side must provide expected witnesses, the substance of their testimony, and witness statements in its possession. The officer must receive the investigative report, but confidential-informant identities may be withheld unless the hearing presider orders disclosure for good cause. Sessions must be reasonably timed, allow rest and personal-needs breaks, and be held during the officer's regular shift when practical. The employer must pay the officer's current compensation rate for time spent attending a session held outside that shift.

A political subdivision or state agency that violates these procedures must pay the officer actual damages, costs, and reasonable attorney fees. The remedy applies to violations involving correctional officers covered by the formal-statement rules. The state or political subdivision waives immunity for an action under this provision. Existing monetary limits on liability continue to apply.

The text gives an officer the right to have a union representative or attorney present during a formal statement and requires an electronic recording. The rules cover licensed or part-time peace officers employed by a unit of government. The officer may request a union representative, an attorney, or both before or during the session. After a request, questioning must wait for a reasonable opportunity to obtain the representative or attorney. On written request, the officer must receive a complete copy or transcript without charge or undue delay.