If the point of the defeated city charter amendment on police reform in Minneapolis was to rein in bad cops in the Police Department, its failure may not be as significant as the nasty scrap over it between liberals and progressives in Minneapolis leadership seemed to suggest.
Reining in bad cops starts with thorough civilian control over the MPD. Specifically, civilians need to have at least some power in the disciplining and ultimate firing of bad cops. At the moment, they have none. Had the charter amendment passed, they would still have had none.
The city charter provision that the mayor of Minneapolis, a civilian, has "complete power" over the MPD is misleading at best, because the mayor has no power at all over disciplining or firing bad cops. Short of a successful criminal prosecution of a bad cop by civilian prosecutors, a la Derek Chauvin, only Chief Medaria Arradondo has that power.
The vehicle for asserting civilian control already exists. It is the Office of Police Conduct Review, the city's most recent version of a police conduct review board. But it is only an advisory body, and therefore toothless, just as all its Minneapolis predecessors have been.
Curing this problem is beyond the power of the city of Minneapolis. The defeated city charter amendment would not — could not — have changed it.
The reason why is summed up in an obscure Minnesota law, Minnesota Statute 626.89, subd. 17. Subdivision 17, part of the 1991 Peace Officer Discipline Procedures Act, which should have been at the heart of the police reform movement in Minneapolis, but was completely ignored by both sides in the bitter argument over the failed charter amendment. It reads as follows:
"A civilian review board, commission, or other oversight body shall not have the authority to make a finding of fact or determination regarding a complaint against an officer or impose discipline on an officer. A civilian review board, commission, or other oversight body may make a recommendation regarding the merits of a complaint, however, the recommendation shall be advisory only and shall not be binding on nor limit the authority of the chief law enforcement officer of any unit of government."
Could the Legislature have made it any clearer that the only thing a bad cop has to fear, outside of criminal prosecution, is the judgment of another cop? How's that been working for you lately, Minneapolis?
