How Minneapolis' federal police reform plan differs from the state's
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Minneapolis police chief Brian O'Hara speaks at a press conference unveiling an agreement on a federal reform plan for the department he leads. Photo: Kyle Stokes/Axios
The newly unveiled federal consent decree for the Minneapolis Police Department calls for a lot of the same changes as an earlier state reform plan — but the oversight document does include some new requirements.
Why it matters: Though advocates and officials say Minnesota's settlement agreement was robust, a federal consent decree (if approved) would add another layer of court oversight to a troubled department.
Here's where the consent decree would add new details or requirements to the earlier reform plan:
- Handcuffing minors: Prohibits officers from cuffing someone age 14 or younger and requires specific training on working with youth.
- Off-duty work: Bars police from working freelance gigs — such as moonlighting as bar security — while suspended or on leave. It also forbids officers from connecting their superiors with these side gigs, a practice federal investigators have flagged as problematic.
- Protests: Limits how much force police can use to handle crowds at demonstrations and bars the use of some types of tear gas or so-called flash-bang devices.
- New journalist protections: Bars officers from detaining or destroying the equipment of reporters covering a news story and affirms that anyone has a right to record interactions with officers in public.
- Coaching: Outlines detailed procedures for referring an officer for "coaching," a practice that critics have said allows MPD to avoid formally disciplining officers accused of misconduct.
- Supervision: Pushes for officers to report to the same superior officer for at least a year, promotions or departures notwithstanding. Mayor Jacob Frey told reporters the change was aimed at creating consistency in the chain of command.
What they're saying: With the state agreement already in place, "we have full reason to be very encouraged," Assistant U.S. Attorney General Kristen Clarke told reporters Monday. "They're off to a sprinting start."
The other side: Michelle Gross, co-founder of Communities United Against Police Brutality, told Axios that compliance with the state agreement has been "slow."
- She said her group has found some of the new MPD policies stemming from the state agreement to be clunky or vague.
Between the lines: "The [state agreement] is good, but it cannot go as far as the federal consent decree," Gross told reporters.
- Gross said the U.S. Department of Justice has broader legal authority than the state officials who enforce Minnesota's human rights laws.
Reality check: Both advocates and department brass say the consent decree itself is not reform.
- "This agreement is more than just a checklist," police chief Brian O'Hara told reporters. "It is a commitment to the sworn and professional staff of the Minneapolis Police Department that leadership will support you."