Minneapolis City Council approves agreement on federal oversight of police
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The Minneapolis City Council approved an agreement for additional court-ordered oversight of the city’s police department, this time by the federal government. U.S. Department of Justice officials and city leaders outlined the details on Monday, describing major changes they will require the Minneapolis Police Department to make once a judge has approved the agreement.
The federal consent decree follows a similar state-level agreement already in effect, setting up Minneapolis to be the only city in the country with both state and federal oversight of its police department.
Minneapolis leaders spent hours in a closed meeting Monday reviewing the proposed consent decree before voting 12-0 to approve the agreement in a brief open session. Council member Michael Rainville was absent.
City officials have been working with the justice department to reach an agreement since June 2023, when a federal investigation found patterns of racism and unjustifiable use of excessive force by the police department.
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Council President Elliot Payne praised the city attorney’s office for “moving as fast as possible while still staying thorough.”
If, as expected, the consent decree is finalized in court, Payne said that’s just the first step.
“For our community to feel justice, they need to see those provisions in the real world and on the street,” Payne said. “It’s going to take a state of constant vigilance to make sure that we’re always following through on our commitments.”
The justice department opened its investigation in 2021 after the police murder of George Floyd the previous year. After extensive interviews with members of the community and police department personnel, it concluded that the police department used dangerous techniques and weapons against people unnecessarily and treated residents differently based on race. It also alleged the department mishandled complaints and accountability for officers.
In its more than 170-page court filing, the justice department listed dozens of changes the police department and the city have agreed to make.
Among them is a requirement that officers intervene anytime they see another officer violating the rights of a person, no matter the violator’s rank.
The agency must also implement a use-of-force policy that requires officers to “promote the sanctity of life as the highest priority in their activities.” And the agreement bans chokeholds and neck restraints, and includes limitations on the use of chemical irritants such as pepper spray.
Officers must also be trained on and carry a so-called “less-lethal” weapon such as a Taser along with their firearm, and there are more requirements on reporting uses of force. For example, an officer must document any interaction when they so much as display a weapon.
The consent decree also limits pretextual stops — where police use minor equipment or traffic violations to pull over people they want to investigate.
One major change is investigations of serious misconduct will continue even after an officer quits or retires. The department is also limited in how it uses coaching, similar to a verbal reprimand, in response to complaints.
Critics have long accused the police department of using coaching to handle complaints of serious misconduct as a way of keeping incidents under wraps. The department does not consider coaching to be discipline, so records of coaching aren’t public.
The federal consent decree also requires the city to notify the Hennepin County and U.S. Attorney’s offices anytime a court finds that an officer’s credibility is in doubt.
In 2023, the city reached an agreement with the Minnesota Department of Human Rights after a previous investigation by the state found a pattern of racial discrimination within the Minneapolis Police Department. The city hired Effective Law Enforcement for All — known as ELEFA — to monitor compliance. The nonprofit is also expected to oversee the federal consent decree.
"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,” said Kristen Clarke, assistant attorney general for civil rights, noting Minneapolis already has a head start on many of the provisions.
The announcement comes two weeks before President Joe Biden leaves office and President-elect Donald Trump is sworn in. Trump opposed consent decrees during his first term, calling them a “war on police.”
When pressed on whether the justice department is concerned that the agreement may face headwinds after Trump’s Jan. 20 inauguration, Clarke said: "The community wants reform. The city wants reform. The police department wants reforms. And the justice department stands here today as a full partner.”
Other consent decrees in cities including New Orleans, Seattle, Portland and Cleveland have mandated a variety of reforms, such as civilian oversight of police, altered use-of-force policies and new training on weapons use and engaging with people with mental illness.
Minneapolis police Chief Brian O’Hara has experience administering a consent decree. He came to Minneapolis from Newark, N.J., which has been under a consent decree since 2016.
O’Hara noted that hundreds of officers left the Minneapolis Police Department in recent years, making adherence to the new policies a challenge. But he said the department will keep working with the community to improve.
“We are not going to just comply with its terms, but we will exceed expectations, and we will make change real for people on the street, saving lives and keeping people safe,” said O’Hara.
The decree would remain in place until an independent monitor determines the city has met all the requirements — likely several years later.
The department is approaching March deadlines under the state agreement. It will need to have new policies governing use of force, body camera use and interactions with minors. It’s also required to make substantial progress on a backlog of complaints against officers.