Changes Now in Effect to Board of Peace Officer Standards and Training Rules

(KNSI) — New rules from the Minnesota Board of Peace Officers Standards and Training will make it easier for police officers to be disciplined, have sanctions placed on their license or be stripped of their license altogether, even if they aren’t charged with a crime.

Under the new policies, it expands the areas where an officer can be punished unrelated to law enforcement, even if the officer is not arrested or charged. That includes domestic incidents for which prior rules allowed the POST Board to levy limited sanctions if there was a plea deal or acquittal. The new laws change that and allow for punishments even without a conviction. It also covers criminal sexual conduct, harassment, stalking, discriminatory conduct, bias crimes, and joining, supporting, advocating for, maintaining membership in or participating in activities connected to hate groups, extremist groups or criminal gangs. Mistreatment of animals, obstruction, DUI, carrying a weapon under the influence, and theft are also on the list.

Officers who engage in unreasonable or excessive use of force; unauthorized use of force, or unauthorized use of deadly force; or fail to intercede when observing another officer using force beyond that which is objectively reasonable are subject to discipline. As are officers who fail to report any use of force violations by another employee or officer in writing within 24 hours to the chief law enforcement officer.

There are also rules governing misuse of authority or attempted use of one’s position or authority as an officer to obtain a benefit or harm someone. An officer who oversteps their bounds to maliciously obtain or execute a search warrant or conduct a search warrant with unnecessary severity will also be punished.

Officers who engage in the conduct are subject to discipline by the POST Board. The “engaged in” standard differs from past rules and does not require an arrest or conviction. Officers are required to self-report any prohibited conduct to the POST Board and the Chief Law Enforcement Officers within 10 days.

The new policies are not retroactive. Conduct of currently licensed law enforcement officers that occurred before June 1st, 2023, is subject to standards of conduct in effect at the time the conduct occurred.

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