Minneapolis agrees to police department reforms under federal court order

NINA MOINI: In the last week on Minnesota Now, we've been following the process to approve additional court-ordered oversight of the police department in Minneapolis, this time by a federal judge. Well, now, the city of Minneapolis and the Justice Department have reached an agreement to do so. As Matt Sepic reports, the new consent decree follows a similar state-level agreement already in effect.

MATT SEPIC: The consent decree includes a number of policies that MPD already put in place soon after George Floyd's murder. Officers are required to intervene any time they see a colleague violating someone's rights, no matter the violator's rank.

The agency must also implement a use of force policy that requires officers to, quote, "promote the sanctity of life as the highest priority in their activities." The agreement bans chokeholds and neck restraints and includes limitations on the use of chemical irritants, such as pepper spray. Chief Brian O'Hara, who oversaw a similar consent decree in Newark, New Jersey, pledged to exceed the agreement's expectations.

BRIAN O'HARA: We will aim to reduce crime while earning your trust. That is the key to effective crime reduction. You cannot reduce crime and maintain those reductions over time, unless you are also doing it in a way that earns trust with the community.

MATT SEPIC: Officers must also be trained on and carry a so-called less lethal weapon, such as a taser, along with their firearm. Under a use of force reporting requirement, an officer must document any time they so much as display a weapon. Another major change mandates that investigations of serious misconduct continue even after an officer quits or retires. And the Department is limited in how it uses coaching, similar to a verbal reprimand, in responding to complaints.

Critics have long accused MPD of using coaching to hide accusations of serious misconduct as a way of keeping incidents under wraps. The federal consent decree also requires the city to notify the Hennepin County and US attorney's offices any time a court finds that an officer's credibility is in doubt. Many of the provisions are already part of a 2023 agreement with the Minnesota Department of Human Rights.

O'Hara noted that the MPD is the first police department in the country to operate under the simultaneous oversight of state and federal courts. While it may appear like a "belt and suspenders" approach to police reform, Mayor Jacob Frey says the federal agreement goes further, adding First Amendment protections for media and provisions on interacting with people with mental health challenges. Frey also says it lays out clear duties of supervisors.

JACOB FREY: That's one of the most important pieces that is in this consent decree. It's also very difficult to get done, ensuring that supervision itself is consistent, and so that officers are reporting up through a chain of command that is consistent and the direction that is given is clear.

MATT SEPIC: Effective Law Enforcement for All, the nonprofit that the city hired to oversee the state agreement, is also expected to monitor compliance with the federal consent decree. Assistant US Attorney General Kristen Clarke says Minneapolis already has a headstart.

KRISTEN CLARKE: We are confident that Minneapolis will comply with the consent decree's requirements, as the city has already been taking a number of important steps along the path to reform.

MATT SEPIC: The agreement comes two weeks before President-elect Donald Trump is set to take office. During his first term, Trump opposed consent decrees, calling them "a war on police." Clarke deflected questions about whether Trump could unilaterally rescind the agreement. But in an email later on Monday, a city spokesperson said that once a federal judge approves the decree, it will carry the force of law and can only be terminated by the court. Matt Sepic, MPR News, Minneapolis.