As Minnesota considers ways to improve police accountability, one measure is long overdue: an overhaul of the binding-arbitration process for contested disciplinary actions up to and including termination.
The process, used for all public employees, has become increasingly problematic where law enforcement is concerned, resulting in weakened authority for the police chiefs responsible for their forces.
According to the Peace Officers Standards and Training Board (POST), there are just under 11,000 sworn law enforcement officers serving across the state. A recent Star Tribune analysis showed 80 firings went to arbitration over a 20-year period. Of those, half of the officers contesting their firings got their jobs back.
That 50-50 split may not be entirely coincidental. Critics of the system note that it has perverse incentives that reward such a split. Both sides get to exclude arbitrators. Those whose records tilt too far one way or the other might not make the cut.
Erik Misselt, interim executive director of the POST board, said in talking to an editorial writer that the whole process of binding arbitration is outside the board's jurisdiction, "but it's one we hear a lot about. Chiefs have made it pretty clear that is one of the things they want the Legislature to address."
Misselt said the board, which some have said should also have its authority strengthened, is undergoing an independent audit of its practices because it was "designed mostly for training and recruitment and has not kept up with expectations." Misselt noted in particular that unlike some health boards, the POST board cannot suspend an officer based on allegations of misconduct, no matter how severe. It can impose suspensions once an investigatory finding has been made.
State Rep. Carlos Mariani, DFL-St. Paul and chairman of the criminal justice and public safety division, told an editorial writer that after hearing testimony on policing, "We came away thinking this had to change. Precisely because we heard from chiefs, and it's not first time we've heard it from them. We saw egregious examples of undeniable excessive use of force. They are frustrated over the ability to properly discipline wrongful acts."
Mariani, who is a member of the Legislature's People of Color and Indigenous Caucus, said restoring trust requires that police conduct be held to a high standard with strict accountability. While changing the current system of binding arbitration is not the only change to be made as part of policing reforms, it should be a high priority.
