Editorial: Police rehire sends the wrong message

Priority doesn't appear to be rebuilding damaged trust.

April 24, 2010 at 6:24PM

Rogue officers in the now disbanded Metro Gang Strike Force allegedly preyed upon the citizens least likely to fight back: minorities, immigrants and the poor. But a Minneapolis Police Department officer fired for his role in a Strike Force case is not only back on the force, he'll soon be patrolling south Minneapolis's sprawling Third Precinct, home of some of the city's poorest and most diverse neighborhoods.

Plenty of people in the precinct had run-ins with the Strike Force and had computers, jewelry, furniture and other goods taken -- and they're still waiting to get it back. It is an outrage that an officer who worked in the unit will return to these citizens' streets before their property is returned.

In the wake of two 2009 state reports detailing appalling abuses by Strike Force members, Minnesota law enforcement officers and those who oversee them need to do everything possible to rebuild the public's wounded trust. Yet Minneapolis Police Officer David Garman's mysterious reinstatement -- which occurred a month after Minneapolis Chief Tim Dolan's reappointment to a second term -- only undercuts the public's still-shaken confidence. The strike force was multijurisdictional; officers were assigned to it from metro-area agencies.

Citing labor law, Minneapolis police have revealed little about Garman's termination or his reinstatement. According to an April 20 story by Star Tribune reporter Randy Furst, Garman's September firing was linked to the seizure of cell phones during a 2009 Strike Force raid and subsequent coverup of phone usage. This week, the Minneapolis Police Federation's John Delmonico said a police panel had recommended Garman's termination before Dolan fired him. According to Delmonico, a union official met with Dolan last fall and reported that the chief was holding firm on his decision to fire Garman. The union then did what unions do: It reviewed the case and decided to grieve the termination and go to arbitration, which was slated for this month.

On April 16, Dolan signed a settlement agreement with the union to reinstate Garman, and the dismissal became a 30-hour suspension. The officer was back at work last Monday, and he'll receive back pay for the seven months he was off, minus the 30 hours. In effect, Garman got a seven-month paid vacation.

So what changed from last fall, when Garman was fired, to this spring? It's still unclear. Dolan, to his credit, did agree to an interview Friday with an editorial writer; he was not available for comment for Furst's story detailing Garman's reinstatement. Citing legal limitations, Dolan said he couldn't explain why he'd changed his mind.

Dolan said the news media has made incorrect assumptions about the Garman situation and doesn't know all the facts. He noted that Garman did receive the highest level of discipline short of termination, and that it will stay on his record. Dolan also referenced the August 2009 state report by former federal prosecutor Andy Luger detailing allegations of Strike Force abuses. Dolan said the Garman case started before that report and that the FBI investigation of the report's allegations is ongoing. "For you to imply to the public that this is the final result of those efforts would not be fair," Dolan said.

As for Garman's return to the troubled Third Precinct, Dolan said that neighborhoods across the city are diverse and that he didn't have the luxury of putting Garman back where he's not a "full-duty police officer."

But after the Strike Force meltdown, as well as videotaped Minneapolis police brutality incidents that have come to light, Dolan doesn't have the luxury of ignoring reality: Most citizens he serves won't understand why Garman will so soon patrol the Third Precinct's streets. There is a growing lack of confidence in Minneapolis law enforcement. Until more facts emerge about Garman's situation, his reinstatement and new assignment sends the wrong message: that the priority of the police is protecting their own instead of repairing damaged trust.

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