One MinÂneÂsoÂta ofÂfiÂcer was fired for kickÂing an unÂarmed susÂpect who was alÂreadÂy on the ground beÂing atÂtacked by a poÂlice dog.
AnÂothÂer was fired for reÂpeatÂedÂly punchÂing a handÂcuffed, inÂtoxiÂcatÂed man in the face.
A third was fired afÂter failÂing to write up nearÂly four dozÂen cases, copyÂing a judge's sigÂnaÂture onto search warÂrants and lyÂing durÂing the inÂvesÂtiÂgaÂtion.
They all got their jobs back, gun and badge inÂtact.
The killÂing of George Floyd by a MinÂneÂapÂolis poÂlice ofÂfiÂcer trigÂgered rage and a fresh wave of reÂsolve to reÂform policÂing in the UnitÂed States. It has also promptÂed reÂnewed scruÂtiÂny of MinÂneÂsoÂta's sysÂtem for disÂciÂplinÂing poÂlice ofÂficÂers, one that sets the bar high for firÂing ofÂficÂers for misÂconÂduct.
More than 80 poÂlice ofÂficÂers across MinÂneÂsoÂta were fired and fought their disÂcharge in arÂbiÂtraÂtion over the past 20 years. AÂbout half got their jobs back, acÂcordÂing to a Star Tribune anÂalyÂsis of deÂciÂsions logged with the MinÂneÂsoÂta Bureau of MeÂdiÂaÂtion Services.
The true figÂure could be slightÂly highÂer. MinÂneÂsoÂta's pubÂlic reÂcords laws proÂhibÂit reÂleasÂing any inÂforÂmaÂtion at all when arÂbiÂtraÂtors oÂverÂturn a deÂciÂsion to fire a cop withÂout imÂposÂing any type of disÂciÂpline. Such total exÂonÂeraÂtions, while unÂcomÂmon, are erased from pubÂlic reÂcord.
The arÂbiÂtraÂtion reÂcords inÂclude 10 cases inÂvolvÂing MinÂneÂapÂolis poÂlice ofÂficÂers. Eight of them got their jobs back — one of them twice.
AlÂthough the MinÂneÂapÂolis Police Department quickÂly fired the four ofÂficÂers inÂvolved in Floyd's death, it doesn't typÂiÂcalÂly fire many ofÂficÂers. AsÂsistÂant Chief Mike Kjos said there are more sepaÂraÂtions than arÂbiÂtraÂtion reÂcords inÂdiÂcate. Some cases nevÂer go to arÂbiÂtraÂtion, and some are neÂgoÂtiÂated and clasÂsiÂfied as resÂigÂnaÂtions or reÂtireÂments. Plus, the deÂpartÂment can't make a terÂmiÂnaÂtion pubÂlic unÂtil the grievÂance procÂess has played out.
The fact that firÂing an ofÂfiÂcer could end up in arÂbiÂtraÂtion — and be reÂversed — weighs on deÂciÂsions to ofÂfiÂcialÂly terÂmiÂnate, Kjos said.
At a June 10 news conÂferÂence anÂnounÂcing his withÂdrawÂal from conÂtract neÂgoÂtiaÂtions with the Police Officers Federation of MinÂneÂapÂolis, Chief Medaria Arradondo notÂed the disÂciÂpline and arÂbiÂtraÂtion procÂess as areas needÂing reÂform.
"There is nothÂing more deÂbiliÂtatÂing to a chief from an emÂployÂment matÂter perÂspecÂtive, than when you have grounds to terÂmiÂnate an ofÂfiÂcer for misÂconÂduct, and you're dealÂing with a third-parÂty mechÂaÂnism that alÂlows for that emÂployÂee to not only be back on your deÂpartÂment, but to be paÂtrolÂling in your comÂmuÂniÂties," Arradondo said.
He reÂpeatÂed that ThursÂday at a news conÂferÂence with MayÂor JaÂcob Frey and sevÂerÂal othÂer electÂed ofÂfiÂcials from around the Twin Cities. If the LegÂisÂlaÂture is seÂriÂous aÂbout makÂing chanÂges, they said, it will tackÂle arÂbiÂtraÂtion.
Police reÂform efÂforts, howÂever, colÂlapsed at the LegÂisÂlaÂture SatÂurÂday as the speÂcial sesÂsion endÂed withÂout the Democrat-conÂtrolled House and Republican-conÂtrolled Senate findÂing midÂdle ground on those isÂsues.
Rep. MiÂchael HowÂard, DFL-Richfield, who authÂored the House arÂbiÂtraÂtion reÂform bill, blamed the Senate: "GivÂen the imÂporÂtance of this moÂment and with the world watchÂing, it is deepÂly disÂapÂpointÂing that the Senate chose to igÂnore MinÂneÂsoÂtans cryÂing out for change and inÂstead walk away."
ObÂstaÂcle to acÂcountÂaÂbilÂiÂty
The Bureau of MeÂdiÂaÂtion Services says poÂlice ofÂficÂers win their jobs back at roughÂly the same rate as othÂer pubÂlic-secÂtor emÂployÂees.
VetÂerÂan arÂbiÂtraÂtor LauÂra CoopÂer, a reÂtired University of MinÂneÂsoÂta laÂbor law proÂfesÂsor, said arÂbiÂtraÂtion is not a monoÂlithÂic thing. It's a creaÂture of aÂgreeÂment that can be alÂtered. If emÂployÂers don't like the disÂcreÂtion arÂbiÂtraÂtors have, they should change their laÂbor unÂion conÂtracts, she said, to reÂquire speÂcifÂic conÂseÂquences for speÂcifÂic vioÂlaÂtions of perÂformÂance standÂards.
The procÂess is deÂsigned to proÂtect unÂion emÂployÂees from caÂpriÂcious deÂciÂsions by emÂployÂers, with a "just cause" stanÂdard for terÂmiÂnaÂtion that has been uÂniÂverÂsalÂly acÂceptÂed in colÂlecÂtive-barÂgainÂing agreeÂments, said CoopÂer and laÂbor unions. ArÂbiÂtraÂtors are neuÂtral and look just at the facts, they say.
ArÂbiÂtraÂtion numÂbers capÂture only a fracÂtion of the MinÂneÂsoÂta ofÂficÂers fired each year, acÂcordÂing to Law Enforcement Labor Services, the state's largÂest law enÂforceÂment unÂion. Only the most difÂfiÂcult cases end up in arÂbiÂtraÂtion, it says, and it's unÂfair to use them to judge poÂlice disÂciÂpline. If law enÂforceÂment deÂpartÂments are losÂing cases, they need to look at how they're hanÂdling their disÂciÂpline, said Sean GormÂley, the unÂion's exÂecÂuÂtive diÂrecÂtor.
Police chiefs have deÂcried arÂbiÂtraÂtion as a maÂjor obÂstaÂcle to poÂlice acÂcountÂaÂbilÂiÂty. The high chance that a fired ofÂfiÂcer will be back in uÂniÂform underÂcuts the enÂtire disÂciÂpliÂnarÂy sysÂtem, said Chuck WexÂler, exÂecÂuÂtive diÂrecÂtor of the Police Executive Research Forum, a WashÂingÂton, D.C., think tank.
In MinÂneÂapÂolis, some ofÂficÂers have gotten their jobs back not once, but twice.
JaÂson AnÂderÂsen was fired in 2009 for a misÂdeÂmeanÂor doÂmesÂtic asÂsault charge that was later disÂmissed. An arÂbiÂtraÂtor orÂdered him reÂinstatÂed afÂter conÂcludÂing there wasn't enÂough eviÂdence the asÂsault ocÂcurÂred.
He was fired aÂgain in 2010 afÂter alÂlegÂedÂly kickÂing a teen in the head and beÂing unÂtruthÂful aÂbout it durÂing an inÂvesÂtiÂgaÂtion. An arÂbiÂtraÂtor orÂdered him reÂinstatÂed aÂgain afÂter conÂcludÂing that AnÂderÂsen, who told inÂvesÂtiÂgaÂtors he couldn't reÂcall the deÂtails but knew he did not kick the teen in the head or face, could not be exÂpectÂed to reÂmemÂber an eÂvent from a year earliÂer withÂout seeÂing his reÂport on it, which he was not alÂlowed to see.
AnÂderÂsen was not fired, howÂever, for shootÂing and killÂing Fong Lee, a teen who was runÂning from poÂlice in 2006. He was cleared of crimÂiÂnal wrongÂdoÂing and in a wrongÂful-death lawÂsuit afÂter a fedÂerÂal jury found he used reaÂsonÂable force. He's now the MPD's chapÂlain coÂorÂdiÂnaÂtor.
Most reÂcentÂly, an arÂbiÂtraÂtor last fall overÂturned Arradondo's deÂciÂsion to fire Officer Peter Brazeau, who had reÂpeatÂedÂly punched a belÂligÂerÂent drunk man in the face as the man lay handÂcuffed on his back.
The arÂbiÂtraÂtor agreed that Brazeau vioÂlatÂed the use-of-force polÂicy but reÂduced his disÂciÂpline to an 80-hour susÂpenÂsion. AcÂcordÂing to the deÂciÂsion, the reaÂson was that poÂlice leadÂerÂship had enÂough conÂfiÂdence in Brazeau to apÂpoint him a trainÂing ofÂfiÂcer while the matÂter was churnÂing through the disÂciÂpline procÂess, and also beÂcause of the MPD's "lack of speÂcifÂic trainÂing as to how to deal with a handÂcuffed inÂdiÂvidÂuÂal who conÂtinues to kick, flail and reÂsist."
An MPD spokesÂman said neiÂther AnÂderÂsen nor Brazeau could comÂment for this stoÂry.
ReÂforms in play
The House arÂbiÂtraÂtion reÂform sought to change the way arÂbiÂtraÂtors are choÂsen for poÂlice misÂconÂduct disÂputes. It called for an arÂbiÂtraÂtor to be autoÂmatÂiÂcalÂly asÂsigned from a rosÂter of speÂcialÂists apÂpointÂed by the govÂerÂnor.
CurÂrentÂly, the emÂployÂer and unÂion take turns strikÂing an arÂbiÂtraÂtor from a list of seven as eithÂer too pro-emÂployÂer or too pro-emÂployÂee, unÂtil only one reÂmains. Critics say that creÂates an inÂcenÂtive for arÂbiÂtraÂtors to mainÂtain a 50-50 reÂcord. EmÂployÂers and unions typÂiÂcalÂly split the cost of an arÂbiÂtraÂtor.
TesÂtiÂfyÂing reÂcentÂly at the State Capitol, Coon Rapids Police Chief Brad Wise disÂcussed the efÂfects of havÂing disÂciÂpline overÂturned.
"There's nothÂing worse, in my view, for an orÂganÂiÂzaÂtion than to lose an arÂbiÂtraÂtion," Wise tesÂtiÂfied. "I think it creÂates disÂtrust withÂin the workÂplace. FrankÂly, it saps the conÂfiÂdence of a poÂlice leadÂer. And it makes poÂlice leadÂers be reÂlucÂtant to even let cases go to arÂbiÂtraÂtion for fear of losÂing them."
Andy Skoogman, exÂecÂuÂtive diÂrecÂtor of the MinÂneÂsoÂta Chiefs of Police Association, called HowÂard's measÂure a step in the right diÂrecÂtion. His group wants all poÂlice ofÂfiÂcer terÂmiÂnaÂtion cases heard by an adÂminÂisÂtraÂtive law judge.
The legisÂlaÂtive push folÂlowed unÂsucÂcessÂful court chalÂlenÂges to arÂbiÂtraÂtors' deÂciÂsions.
The city of Richfield dug in its heels afÂter its poÂlice chief fired an ofÂfiÂcer in 2016 afÂter he verÂbalÂly atÂtacked a SoÂmaÂli teen and smacked him on the head. AÂmong othÂer things, Nate KinÂsey failed to reÂport his use of force as reÂquired. An arÂbiÂtraÂtor conÂcludÂed KinÂsey's smack was not exÂcesÂsive and orÂdered him reÂinstatÂed, cutÂting the disÂciÂpline to a three-shift susÂpenÂsion and full back pay.
The MinÂneÂsoÂta SuÂpreme Court last year fullÂy backed the arÂbiÂtraÂtor's deÂciÂsion; KinÂsey is back on the Richfield force.
DuÂluth, too, lost its chalÂlenge to an arÂbiÂtraÂtor's deÂciÂsion to reÂinÂstate an ofÂfiÂcer who dragged an inÂtoxiÂcatÂed, handÂcuffed man 100 feet. In DeÂcemÂber, the state SuÂpreme Court deÂnied its peÂtiÂtion for reÂview.
ImÂprovÂing acÂcountÂaÂbilÂiÂty
CoopÂer, the arÂbiÂtraÂtor, said she'd be "shocked" if any arÂbiÂtraÂtors were trackÂing their mix of deÂciÂsions in the manÂner the chiefs asÂsoÂciÂaÂtion sugÂgests.
"I think it's scapeÂgoatÂing," she said. "NineÂty to 95% of the time if you acÂtuÂalÂly read the deÂciÂsion, it makes perÂfect sense."
ArÂbiÂtraÂtors work hard, she said, to weigh multiÂple facÂtors to deÂterÂmine whethÂer there was just cause for terÂmiÂnaÂtion. The most comÂmon reaÂsons chiefs lose a case, she said, is that the inÂvesÂtiÂgaÂtion was not thorough, they didn't propÂerÂly notiÂfy the ofÂfiÂcer the beÂhavÂior was wrong, or they imÂposed disÂciÂpline that difÂfered from what othÂer ofÂficÂers reÂceived in simÂiÂlar cirÂcumÂstances.
In her mind, preÂventÂing exÂcesÂsive-force misÂconÂduct is a more efÂfecÂtive way to imÂprove acÂcountÂaÂbilÂiÂty, she said. That means clear rules, betÂter trainÂing and strong suÂperÂviÂsion.
Said CoopÂer: "I want a sysÂtem that stops killÂing peoÂple unÂjustÂly."
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