CITY OF MINNEAPOLIS Police Department Charter Amendment Presented by Council Member Cam Gordon August 1, 2018 1
Purposes • Increasing transparency, accountability, and civilian oversight of the police • Putting the police department on a common footing with other city departments • Better relations between police and communities, more confidence and more trust in the police • Improved health and safety of police officers and our community 2
§ 7.2 .2. . - Departments. (a) The departments generally. The City Council must establish, organize, and otherwise provide for these departments: (1) a City Coordinator; (2) a City Clerk (section 4.2(e)); (3) a City Assessor; (4) a City Finance Officer and budget office, including a director; (5) a City Attorney and legal department; (6) a civil rights department, including a director, and a civil rights commission (section 7.2(d)); (7) a department of community planning and economic development; (8) a fire department (section 7.4); (9) a health department, headed by a health commissioner; (10) a planning commission (section 7.2(e)); (11) a police department (section 7.3); (12) a public-works department; (13) a purchasing department; (14) a regulatory-services department; and (15) any other department necessary or convenient for the efficient delivery of municipal services 3
“ § 7.3 .3. . - Police. (a) Police department. The Mayor has complete power over the establishment, maintenance, and command of the police department. The Mayor may make all rules and regulations and may promulgate and enforce general and special orders necessary to operating the police department. Except where the law vests an appointment in the department itself, the Mayor appoints and may discipline or discharge any employee in the department (subject to the Civil Service Commission's rules, in the case of an employee in the classified service).” 4
Police Department Fire Department § 7.3. - Police. § 7.4. - Fire. (a) Police department. The Mayor has complete (a) Fire department. power over the establishment, maintenance, and (1) Fire chief. command of the police department. The Mayor may (A) Appointment. The Mayor nominates and make all rules and regulations and may promulgate the City Council appoints a fire chief and enforce general and special orders necessary to under section 8.4(b). operating the police department. Except where the (B) Civil service. The chief serves in the law vests an appointment in the department itself, the unclassified service, but with the same Mayor appoints and may discipline or discharge any employee benefits (except as to hiring and employee in the department (subject to the Civil discharge) as an officer in the classified Service Commission's rules, in the case of an service. If a chief is appointed from the employee in the classified service). classified service, then he or she is treated (1) Police chief. as taking a leave of absence while serving as (A) Appointment. The Mayor nominates and chief, after which he or she is entitled to return to his or her permanent grade in the the City Council appoints a police chief classified service. If no vacancy is available in under section 8.4(b). that grade, then the least senior employee (B) Term. The chief's term is three years. so classified returns to his or her grade (C) Civil service. The chief serves in the before being so classified. unclassified service, but with the same employee benefits (except as to hiring and removal) as an officer in the classified service. If a chief is appointed from the classified service, then he or she is treated as taking a leave of absence while serving as chief, after which he or she is entitled to return to his or her permanent grade in the classified service. If no vacancy is available in that grade, then the least senior employee so classified returns to his or her grade before being so classified. (D) Public health. The chief must execute the City Council's orders relating to the preservation of health. 5
Police Oversight in Early Minneapolis Source: https://babel.hathitrust.org/cgi/pt?id=umn.31951002666889n;view=1up;seq=74, page 77 6
Common misconceptions Misconception Reality • Charter currently gives • Charter amendment Council and mayor will create “14 cooks in shared authority over the kitchen” or all other City patchwork of ward-by- departments ward public safety • Charter change would approaches not give authority to individual Council Members, but the Council as a body 7
Common misconceptions Misconception Reality • No other major city’s Cities address police oversight in a variety of charter gives anyone different ways. Many that do not vest total control in the but the mayor power mayor, including but not over the police limited to: • Oakland , CA department • Detroit , MI • Austin , TX • Portland , OR • Richmond , VA • Phoenix , AZ • Memphis , TN • San Jose , CA 8
Common misconceptions • Misconceptions • Reality • This is really about • This is about aligning something else and police policymaking to be represents efforts to pass consistent with the some hidden agenda process used for other departments, to use a clear and transparent • This is a new concept that pathway to allow for ideas has been brought forward to be considered, not too quickly about any idea or ideas in particular. • This has been under consideration by some council and community members for over a decade. 9
The Mayor will retain authority The Mayor will have the authority to: • Direct staff as he or she would with any other department • Proclaim emergency regulations 128.60. - Mayor may proclaim emergency regulations. “Whenever necessary to prepare for or manage an emergency for which adequate regulations have not been adopted by the governor or the city council, the mayor, by proclamation, may promulgate regulations, consistent with applicable federal or state law or regulation, respecting: Protection against enemy attacks; the sounding of warning devices; the conduct of persons and the use of property during alarms; the repair, maintenance and safeguarding of essential public services; emergency health, fire and safety regulations; trial drills or practice periods required for preliminary training; and all other matters which are required to protect public safety, health and welfare in declared emergencies .” • Appoint temporary police. “ § 7.3. - Police. (b) The Mayor may, in case of riot or other emergency, appoint any necessary temporary police officer for up to one week. Each such officer must be a licensed peace officer .” • Use the budget process to establish programs, policies and priorities • Propose action through the normal Council process 10
The Council will gain policymaking authority to: • Formally adopt changes to police department policy through formal Council Action including resolution, staff directive, or ordinance, following normal Council processes • Any Council action would require mayoral approval or a supermajority vote to override a veto to become City policy 11
Proposal timeline • August 3, 2018: refer language of potential charter amendment and ballot question to Charter Commission • August 8, 2018: Charter Commission opportunity to support language forwarded by Council, or make recommendation of alternative language • August 9, 2018: City Council adjourned meeting to decide whether to a) place original Council language on the ballot, b) place Charter Commission language on the ballot, or c) decline to place question on the ballot in 2018 12
Questions? 13
Recommend
More recommend
