Police Department Charter Amendment Presented by Council Member - - PowerPoint PPT Presentation

CITY OF MINNEAPOLIS

Police Department Charter Amendment

Presented by Council Member Cam Gordon

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August 1, 2018

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
• fficers and our community

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§ 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

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Ҥ 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).”

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Police Department

§ 7.3. - 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

• perating 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). (1) Police chief. (A) Appointment. The Mayor nominates and the City Council appoints a police chief under section 8.4(b). (B) Term. The chief's term is three years. (C)Civil service. The chief serves in the 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

• r 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.

Fire Department

§ 7.4. - Fire. (a) Fire department. (1) Fire chief. (A) Appointment. The Mayor nominates and the City Council appoints a fire chief under section 8.4(b). (B) Civil service. The chief serves in the unclassified service, but with the same employee benefits (except as to hiring and discharge) 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.

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Police Oversight in Early Minneapolis

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Source: https://babel.hathitrust.org/cgi/pt?id=umn.31951002666889n;view=1up;seq=74, page 77

Common misconceptions

Misconception

• Charter amendment

will create “14 cooks in the kitchen” or patchwork of ward-by- ward public safety approaches

Reality

• Charter currently gives

Council and mayor shared authority over all other City departments

• Charter change would

not give authority to individual Council Members, but the Council as a body

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Common misconceptions

Misconception

• No other major city’s

charter gives anyone but the mayor power

• ver the police

department

Reality Cities address police

• versight in a variety of

different ways. Many that do not vest total control in the mayor, including but not limited to:

• Oakland, CA
• Detroit, MI
• Austin, TX
• Portland, OR
• Richmond, VA
• Phoenix, AZ
• Memphis, TN
• San Jose, CA

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Common misconceptions

• Misconceptions
• This is really about

something else and represents efforts to pass some hidden agenda

• This is a new concept that

has been brought forward too quickly

• Reality
• This is about aligning

police policymaking to be consistent with the process used for other departments, to use a clear and transparent pathway to allow for ideas to be considered, not about any idea or ideas in particular.

• This has been under

consideration by some council and community members for over a decade.

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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.

Ҥ 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

• fficer.”
• Use the budget process to establish programs, policies and priorities
• Propose action through the normal Council process

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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
• r a supermajority vote to override a veto to

become City policy

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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

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Questions?

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