Falsely reporting an act of police misconduct is a criminal offense.

Minnesota Statute 609.505, Subdivision 2. Falsely reporting police misconduct or police criminal activity is punishable as (1) a misdemeanor if the false information does not allege a criminal act; (2) a gross misdemeanor if the false information alleges a criminal act. Any person convicted will have to make full restitution not to exceed $3,000.

How Complaints Are Resolved

After the investigation is complete, the Sheriff looks at the case file and listens to a summary of the investigation. The investigator will recommend a disposition to the Sheriff following a review of the facts of the case. The Sheriff might take action right away, depending on the situation. In all cases, the Sheriff is the final decision-making authority.

Once the Sheriff renders a final disposition, the complainant will be advised of the case disposition in writing. The possible dispositions are: 

• Unfounded: Allegation is false or not factual.
• Not Sustained: Insufficient evidence to prove or disprove the incident.
• Exonerated: Incident occurred but it was lawful and proper.
• Sustained: Allegation is supported by sufficient evidence to justify a reasonable conclusion of guilt.

Discipline of any employee, if the complaint is sustained, may take several forms ranging from counseling to termination.

Although you may be informed of the disposition of your complaint and any actions taken against the employee, your statements, witness statements, peace officer statements, and other evidence obtained by the investigator will remain private pursuant to Minnesota Statute, Chapter 13.43, Subdivision 2. This means you can talk freely to a Sheriff's Office investigator without fear of revenge by any employee or fellow citizens.