New law throws Minneapolis police oversight in
turmoil
Gov. Dayton signed a police-backed bill,
opposed by the city of Minneapolis, that removes the ability of the city's
review panel to issue findings of fact.
A
state law enacted over the opposition of city leaders has significantly reduced
the power of the Minneapolis panel that investigates police misconduct,
throwing the city's 22-year-old system of civilian police oversight into doubt.
The bill to prohibit the Minneapolis Civilian
Review Authority (CRA) from issuing "findings of fact" was introduced
at the request of the Minneapolis Police Federation, the politically
influential police union, despite appeals from Mayor R.T. Rybak's office and
City Council members, Gov. Mark Dayton signed the bill into law Thursday.
"I
fully share the desire to assure the highest standards of police conduct,"
Dayton said in a statement Friday. "However, serious concerns have been
expressed about the Minneapolis Civilian Review Authority, prompting the city
to begin its own review. This will be an opportunity to improve the authority's
procedures, so that it can better carry out its important
responsibilities."
Civil
rights advocates on Friday condemned the measure, saying it will gut the
authority and give the public less confidence that their complaints about
improper police behavior will be taken seriously.
"It
is a waste of a time for anyone to file a complaint against the police,"
said Kenneth Brown, former chairman of the city's Civil Rights Commission. It
"closes the door on an independent examination of police misconduct
against citizens of color," said Ron Edwards, a civil rights activist.
"I
am very disappointed," said Council Member Cam Gordon. "I think this
effectively forces us to re-evaluate the Civilian Review Authority."
The
new law will prohibit civilian review boards from making "a finding of
fact or determination regarding a complaint against an officer" although a
review board could continue to make a nonbinding recommendation to the police
chief.
Currently,
the authority issues such findings, but the chief decides whether to impose
discipline. In December, the authority board declared it had no confidence that
Police Chief Tim Dolan would impose discipline when the authority recommended
it.
Before
the Legislature's action, city officials were already pursuing changes in the
Civilian Review Authority that would shift the investigation of complaints to a
joint team of police and civilian investigators. Velma Korbel, director of the
Minneapolis Civil Rights Department, said that civilian oversight of police
will continue, but she couldn't say Friday how the new law would affect the
city's proposal to change the authority.
Michael
Friedman, a former CRA chairman, said because the authority will no longer
issue "findings of fact" of officer misconduct, it will be difficult
to introduce CRA reports in criminal trials. Defendants have used that
information in the past to undermine the credibility of officers testifying
against them, he said.
While
the CRA can still issue recommendations for discipline, such comments might
lack specificity about the officers' conduct and a judge could be more
reluctant to admit them as evidence, he said. Police chiefs have a strong
incentive to overlook officers' transgressions because they could be used
against the department in future cases, he said.
Supporters
point to liability
But
supporters of the bill say the current powers of the authority go too far in
the other direction. Jim Michels, an attorney who represents police officers
and who testified at the Legislature on behalf of the bill, said it will give
greater protection to the city and officers in civil suits.
He
said that until the bill passed, a CRA finding of fact could be introduced in a
trial, even though the chief had concluded that the findings were inaccurate
and failed to issue discipline. "It has the potential to bind the city to
a legal position not held by the chief of police," Michels said.
Also,
he said, under the labor agreement between the federation and the city, the
officer can file a grievance challenging a finding of fact only if discipline
is imposed. If it is not imposed, the CRA finding cannot be challenged, he
said.
John
Delmonico, Police Federation president, dismissed the idea that the law would
kill the watchdog agency.
"There's
people who are trying to portray this as ruining the Civilian Review
Authority," said Delmonico. "In reality, for the past twenty years,
the Civilian Review Authority has been dysfunctional and lacked any real
leadership."
Rybak's
spokesman, John Stiles, said the mayor, the council, and the lobbying staff
worked against the bill, but were unsuccessful.
"We are
constantly looking for ways to make the CRA more effective and responsive, as
we are with all city departments," said Stiles. "We wish that the
Legislature had chosen to work with the city in this process."
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
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