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07-14-20 Council/Manager Agenda Packet REGULAR MEETING AGENDA This meeting will be held via Cisco Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. The public may monitor this meeting by calling 1-415- 655-0001 and entering the meeting code 133 719 6096. For technical assistance, please contact support staff at 763-593-8007 or webexsupport@goldenvalleymn.gov. If you incur costs to call into the meeting, you may submit the costs to the City for reimbursement consideration. Additional information about for monitoring electronic meetings is available on the City website. Pages 1. Review Comprehensive Annual Financial Report 2-15 2. Golden Valley Police Department Update 16-22 3. Civil Service Commission/Police Community Advisory Commission Discussion 23-149 4. Human Services Commission and Golden Valley Community Foundation Discussion 150 5. Council Review of Future Draft Agendas: Housing & Redevelopment Authority July 21, City Council July 21, City Council August 4, Wednesday, Council/Manager August 12, City Council August 18, City Council September 1 and Council/Manager September 8, 2020 151-160 Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. July 14, 2020 – 6:30 pm Golden Valley Council Manager Meeting July 14, 2020 Agenda Item 1. Review Comprehensive Annual Financial Report Prepared By Sue Virnig, Finance Director Summary Bill Lauer from Malloy Montague Karnowski Radosevich & Co. will be in attendance to discuss the 2019 Comprehensive Annual Financial Report, Management Report and Special Purpose Audit Reports. His main focus will be reviewing the Management Report document. The three documents can be retrieved from the city website. Go to http://weblink.ci.golden- valley.mn.us/WebLink/Browse.aspx?id=853871&dbid=0&repo=GoldenValley. Please make sure you download the Management Report -2019 document. Financial Or Budget Considerations None Supporting Documents • City of Golden Valley Audit Report Presentation (13 pages) City of Golden ValleyAudit Report Year Ended December 31, 2019Malloy Montague, Karnowski,Radosevich, & Co., P.A. Auditor’s RoleOpinion on Financial Statements–Financial Statements are Fairly Presented In Accordance with U.S. GAAPTest Internal Controls and Compliance–Financial Statement Audit–State Statutes Audit SummaryBasic Financial Statements–Unmodified “Clean” OpinionInternal Control over Financial Reporting–Limited Segregation of Duties Compliance – Financial Statement Audit–No Findings Minnesota Legal Compliance –No Findings Governmental Funds Change in Fund Balances20192018ChangeTotal by classification Nonspendable14,029$ –$ 14,029$ Restricted21,568,499 26,311,344 (4,742,845) Committed324,899 213,624 111,275 Assigned13,260,623 12,228,554 1,032,069 Unassigned9,850,190 8,849,640 1,000,550 Total governmental funds45,018,240$ 47,603,162$ (2,584,922)$ Total by fundGeneral15,152,089$ 13,059,502$ 2,092,587$ Street Reconstruction Debt Service8,652,007 12,541,849 (3,889,842) Winnetka/Medicine Lake Tax Increment Capital Project(1,825,910) (2,164,862) 338,952 Capital Improvement Capital Project3,910,121 3,956,184 (46,063) Douglas Drive Improvement Capital Project 1,813,427 1,791,873 21,554 Street Reconstruction Capital Project4,867,817 5,540,521 (672,704) Nonmajor funds12,448,689 12,878,095 (429,406) Total governmental funds45,018,240$ 47,603,162$ (2,584,922)$ Fund Balances as of December 31, General Fund Financial Position20152016201720182019 Fund Balance$10,727,064 $10,973,096 $12,403,849 $13,059,502 $15,152,089 Cash (Net)$11,544,883 $11,991,991 $13,700,753 $13,755,606 $16,425,829 Exp & Trans Out$17,116,214 $18,181,071 $19,195,670 $20,878,477 $20,269,900$– $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 $18,000,000 $20,000,000 $22,000,000Year Ended December 31, General Fund Revenues –Budget to Actual $– $1 $2 $3 $4 $5 $6 $7 $8 $9 $10 $11 $12 $13 $14 $15 $16 $17 $18 $19 All Other Licenses and Permits Charges for Services Fines and Forfeits Intergovernmental TaxesMillionsBudget Actual General Fund Expenditures – Budget to Actual $0 $1 $2 $3 $4 $5 $6 $7 $8 $9 Casualty Insurance Parks and Recreation Public Works Physical Development Public Safety Administration General GovernmentMillionsBudget Actual Enterprise Funds Change in Net Position 20192018ChangeTotal by classification Net investment in capital assets 39,110,394$ 36,950,518$ 2,159,876$ Unrestricted26,416,375 22,040,541 4,375,834 Total enterprise funds65,526,769$ 58,991,059$ 6,535,710$ Total by fundUtility27,136,571$ 24,021,403$ 3,115,168$ Storm Sewer Utility33,860,451 30,746,799 3,113,652 Brookview Operating2,385,027 2,281,366 103,661 Motor Vehicle Operating903,958 715,260 188,698 Recycling1,240,762 1,226,231 14,531 Total enterprise funds65,526,769$ 58,991,059$ 6,535,710$ Net Position as of December 31, Utility (Water & Sewer) Fund 20152016201720182019Oper Rev$8,266,107 $8,814,629 $9,574,647 $10,482,578 $10,022,356Oper Exp$9,810,041 $8,067,507 $8,278,105 $9,351,631 $8,780,766Inc (Loss) Before Depr$(751,239) $1,537,106 $2,118,932 $1,983,660 $2,167,577Oper Inc (Loss)$(1,543,934) $747,122$1,296,542 $1,130,947 $1,241,590 $(2,000,000) $(1,000,000)$– $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 $10,000,000 $11,000,000Year Ended December 31, Storm Sewer Utility Fund 20152016201720182019Oper Rev$2,281,125 $2,241,536 $2,328,336 $2,446,828 $2,480,095Oper Exp$1,748,165 $1,567,226 $2,465,516 $1,803,506 $2,253,908Inc Before Depr$1,203,049 $1,371,185 $617,997 $1,510,425 $1,304,144Oper Inc (Loss)$532,960 $674,310 $(137,180) $643,322 $226,187 $(250,000)$– $250,000 $500,000 $750,000 $1,000,000 $1,250,000 $1,500,000 $1,750,000 $2,000,000 $2,250,000 $2,500,000Year Ended December 31, Brookview (Golf Course) Operating Fund 20152016201720182019Oper Rev$2,071,141 $2,106,472 $2,059,405 $2,956,984 $3,205,252Oper Exp$1,839,571 $2,037,571 $2,235,506 $3,349,448 $3,138,252Inc (Loss) Before Depr$334,693 $166,996 $(65,658) $(273,955) $191,128Oper Inc (Loss)$231,570 $68,901 $(176,101) $(392,464) $67,000 $(500,000) $(250,000)$– $250,000 $500,000 $750,000 $1,000,000 $1,250,000 $1,500,000 $1,750,000 $2,000,000 $2,250,000 $2,500,000 $2,750,000 $3,000,000 $3,250,000 $3,500,000Year Ended December 31, Other Enterprise Funds– Operating Revenue 20152016201720182019 Motor Vehicle$395,718 $457,275 $453,215 $435,698 $477,523 Recycling$331,630 $378,934 $389,894 $391,131 $408,058$– $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000Year Ended December 31, Government-Wide Net Position20192018ChangeGovernmental activitiesNet investment in capital assets30,178,374$ 27,973,471$ 2,204,903$ Restricted25,785,567 24,401,665 1,383,902 Unrestricted13,001,567 11,015,315 1,986,252 Total governmental activities 68,965,508 63,390,451 5,575,057 Business-type activitiesNet investment in capital assets39,110,394 36,950,518 2,159,876 Unrestricted23,980,781 19,689,949 4,290,832 Total business-type activities 63,091,175 56,640,467 6,450,708 Total net position132,056,683$ 120,030,918$ 12,025,765$ Net Position as of December 31, Golden Valley Council/Manager Meeting July 14, 2020 Agenda Item 2. Golden Valley Police Department Update Prepared By Jason Sturgis, Chief of Police Summary Chief Sturgis will present an update police department operations. Financial Or Budget Considerations None Supporting Documents • Golden Valley Police Update Presentation (6 pages) Golden Valley Police Update Chief Jason Sturgis July 14, 2020 CALLS FOR SERVICE PRIORITY # OF INCIDENTS AVERAGE RESPONSE TIME IN MINUTES # OF INCIDENTS AVERAGE RESPONSE TIME IN MINUTES PRIORITY 1 INCIDENTS 60 4.4 2357 2.5 PRIORITY 2 INCIDENTS 10 2 457 3.4 PRIORITY 3 INCIDENTS 65 7.9 1671 6.5 PRIORITY 4 INCIDENTS 17 8.6 423 11.3 TOTAL INCIDENT FOR ALL PRIORITIES 152 6.2 4908 4.7 YTD *Report does not contain CAD incidents that are missing dispatch date/time and/or arrival date/time For a complete list of priority calls by the naure of the call, please see "Police Priority by Nature of Event" in the archibes under Resource. Average Response Times by Priority* From: 6/29/2020 12:00:00 AM To: 7/05/2020 11:59:59 PM YTD TOTAL CALLS FOR SERVICE 7367 From: 6/29/2020 12:00:00 AM To: 7/05/2020 11:59:59 PM 240 Golden Valley Police Department CALLS FOR SERVICE YTD Source of Call # of Calls # of Calls 911 92 2625 OFFICER INITIATED 16 1443 OTHER 132 3298 TOTAL 240 7367 From: 6/29/2020 12:00:00 AM To: 7/05/2020 11:59:59 PM Calls for Service by Source *<NULL> = source not supplied (most often call came via an adminstirative line) USE OF FORCE GVPD Policy 8.09 •Whenever force is used by an officer, a report is completed that includes a detailed description of the subject’s actions and of the resulting force techniques used by the officer. •The only exception is for a use of deadly force that is being investigated by an outside agency. •The GVPD maintains records on numerous factors of each incident, including: o date, time o number of officers present at the time force was used o names of officers present o type(s) of force used o most significant force used o nature of incident o description of incident/subject actions o gender and race of subject o injuries to subjects and/or officers o All of this is in addition to the police report which is mandatory in all cases involving a use of force, and must include a detailed description of the event •When in a position to do so, officers shall intervene when they know or have reason to know, that another officer is about to use, or is using, excessive force. Officers shall promptly report any use of excessive force and the efforts made to intervene to a supervisor. TRAINING •Hiring o Pre-Hire Process •New Officer Training o City’s new hire orientation o Training academy o Field Training •Continuing Education/Training Mandated by the MN POST Board •De-escalation Technique Training •Bias Training •CIT •Use of Force Training •Two person handcuffing •Body-worn camera culture 1969 2020 28 sworn officers 33 sworn officers COMMUNITY OUTREACH The GVPD has been active in community policing for more than 30 years and has welcomed working in partnership with the community in solving problems and resolving issues. The GVPD offers programs to educate on what, how, and why officers may do things. Many of the programs listed below are open to all people who want to attend. o GVPD University (GVPDU) o Public Safety In The Parks o Coffee With A Cop o Citizens Academy o Neighborhood Watch o Public Safety Open House o Inner Hero Current Policy Recommendations •Ban chokeholds •Require de-escalation •Require warning before shooting •Requires exhaust all alternatives before shooting •Duty to intervene •Ban shooting at moving vehicles •Require use of force continuum •Require comprehensive reporting Golden Valley Council Manager Meeting July 14, 2020 Agenda Item 3. Civil Service Commission/Police Community Advisory Commission Discussion Prepared By Tim Cruikshank, City Manager Jason Sturgis, Chief of Police Summary A discussion on how to make the hiring process for the PD more efficient was an action step that was raised during the 2020 Annual Council Strategic Planning session earlier this year. This action step is consistent with the city’s equity objectives. The attached Power Point presentation proposes a way forward for the City to improve in this area as well as a more comprehensive approach to improve other aspects of policing in Golden Valley. Financial Or Budget Considerations None Supporting Documents • Power Point Presentation (14 pages) • Civil Service Commission Bylaws (7 pages) • Minnesota Statutes, chapter 419 (8 pages) • Approved Patrol Officer Hiring Process (2019) (6 pages) • Attorney memo from 2018 and attachments (57 pages) • Report from State of Minnesota Working Group on Police-Involved Deadly Force Encounters (34 pages) CIVIL SERVICE COMMISSION/CIVILIAN REVIEW BOARD DISCUSSION 7/14/2020 Purpose of Discussion ◦Why are we here? ◦Provide history and background of where we have been. ◦Suggest new path forward to achieve more meaningful and effective outcomes. ◦Create general consensus of direction and timeline. History & Background of the Commission •Golden Valley instituted Civil Service Commission in current form in 1960. •Governed by Minnesota Statutes, chapter 419 and subject to the open meeting law. •Three members appointed by the City Council. No special experience or training required. •Basic responsibilities under the statute: •Prepare and maintain service register of current employees •Create and maintain service register, application register, and eligibility register •Approve hiring process (i.e. hiring process, standards of fitness, etc.) •Try charges of misconduct, only if requested by officers (rarely invoked) •Adopt rules to promote efficiency in the police department History and Background of Commission Continued ◦Rewrote Commission Bylaws in 2018 to formalize delegation of certain tasks to staff subject matter experts and clarify role of Commission: ◦Approve hiring and promotion process recommended by staff, and ◦Certify eligible register ◦Reminder, in Statutory Plan B City, the City Manager has hiring and disciplinary authority. Commission certifies list to City Manager and City Manager makes appointment with Police Chief input. Pros and Cons of the Commission Pros Cons Allows hiring process to be designed with commissioner input Hinders diversity hiring efforts •Precludes participation in Pathways to Service •Makes it difficult to adapt hiring practices to the market and changing environment (for example, changing testing procedures requires commission approval so difficult to try new things) Gives police officers additional protection from discipline Slows down hiring process, leading to potential loss of qualified candidates Provides opportunity for transparency Disciplinary review function almost never invoked Does not provide avenue for community input related to community policing Increases potential liability to City because rules do not require commissioners to have subject matter training or expertise Hinders management’s ability to hold officers accountable Proposing a New Path Forward Step 1: Replace Civil Service Commission Step 2: Create Police Community Advisory Commission Step 3: Hire a Community Outreach Liaison Step 1 –Replace Civil Service Commission •Trend over time to abolish Civil Service Commissions “The civil service process is antiquated as well as redundant,” the report reads. “City government management practices along with employment regulations and policies have evolved dramatically since the inception of the civil service concept, which was conceived in the late 1800s with the aim of ensuring that government hiring be based on merit rather than favoritism and patronage.” -Eileen Wells and Krista Amos, City of Mankato Report to Abolish Civil Service •Changes in employment law over time have lessened need for and effectiveness of Civil Service Commissions: •MN PELRA (collective bargaining process) •MN Human Rights Act and Federal Civil Rights Act of 1964 (prohibit discrimination in hiring) •Affirmative Action Case law (create requirements for affirmative action hiring) •Peace Officers Discipline Procedures Act (Minn. Stat. §626.89) Civil Service in Other Cities Golden Valley is one of 16 cities in Minnesota (out of 880) that has a Civil Service Commission In recent years, other cities have replaced Civil Service Commissions because they hindered the city’s diversity recruiting efforts: City New Public Input Body Columbia Heights No replacement body Grand Rapids Police Advisory Board Maplewood No replacement body, added community input into department hiring process Richfield No replacement body, but participates in PMAC Mankato Public Safety Advisory Committee Step 2 –Create a Police Community Advisory Commission Models: •PMAC •Other Community Boards and Commissions •Legislative Proposal (2020 Special Session) Police Advisory Commission Examples Advisory Body Cities Joint Community Policing Partnership and Multicultural Advisory Committee Cities (PMAC) •Bloomington •Brooklyn Center •Brooklyn Park •Crystal •Hopkins •Richfield •Hennepin County Community Board or Commission •Cottage Grove (Public Services Commission) •Saint Louis Park (Police Advisory Committee) •Saint Paul (Police Civilian Review Commission) •Shoreview (Public Safety Committee) Proposal: Police Community Advisory Commission ◦PCAC created by ordinance (like other commissions) ◦Seek input from a variety of groups: ◦Police department (leadership and employees from different divisions) ◦Rising TIDES ◦Civil Service Commission ◦Human Rights Commission ◦Other interested community members ◦City management team Proposal: Police Community Advisory Commission Continued The Commission will enhance lines of communication between residents, the Police department, and the City Council. Areas of focus: •Police community relations •Programming and education •Police training, policies, and procedures Step 3 –Hire Community Outreach Liaison Full-time/regular employee Report to Equity and Inclusion Manager Responsibilities/Area of Focus: •Build community and foster diverse relationships. •Enhance communication and understanding between law enforcement and multicultural residents. •Organize and present cultural training for police officers and community. •Create a safe platform to share community information and concerns. •Assist with the recruitment and building a pipeline of diverse candidates. •Assist with planning and execution of public outreach and educational events. Recommended Action 1 –Replace CSC –unanimous decision of council required 2 –Create PCAC –seek comprehensive community input to help determine its function 3 –Budget and Hire Community Outreach Liaison 4 –Complete in time to be effective 1/1/2021 Amended and approved May 5, 2020 BYLAWS Civil Service Commission Article I: Purpose and Scope A. Purpose The purpose of these Rules and Regulations of the Civil Service Commission (“Rules and Regulations”) is to describe the membership, responsibilities, and authority of the Civil Service Commission (the “Commission”), pursuant to Minnesota State Statutes 419.01–.18, and to ensure a fair and equitable system of human resources management for the City of Golden Valley Police Department (the “Department”), which includes: • providing fair treatment of all applicants and employees without regard to age, ancestry, color, creed, disability, familial status, gender, pregnancy, genetic information, sex, marital status, national origin, race, religion, sexual orientation (including sexual identity), status with regard to public assistance, and veteran’s status, or other protected class or any non-merit factor • providing objective, non-biased evaluation and classification of jobs • retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected B. Scope These Rules and Regulations shall apply to all employees and officers of the Department. Where overlap or conflict exists between these Rules and Regulations and any labor agreement between the City of Golden Valley (the “City”) and an exclusive representative within the meaning of Minn. Stat. § 179.71, subd. 3, the terms of the applicable labor agreement shall supersede these Rules and Regulations. Except as otherwise provided herein or required by law, the Commission delegates to the City Manager control and supervision over the employment, promotion, discharge, and suspension of all employees other than sworn Police Officers. Article II: Membership, Appointments, Terms, Officers, Meetings, and Attendance A. Membership The Commission shall consist of three members (the “Commissioners”) who are citizens of Minnesota and residents of the City of Golden Valley, and who shall be appointed by the Golden Valley City Council (the “Council”). No Commissioner shall, at the time of appointment or while serving, hold any elected office under the City, the United States, the state of Minnesota, or any public corporation or political division thereof, or employment under the City, or employment under a police department of any city, other than as a member of a civil service commission for firefighters or other municipal personnel. B. Appointments The Council shall appoint members to the Commission effective May 1 of each year. Each Commissioner, before entering duties, shall subscribe and file with the City Clerk an oath for the faithful discharge of duties. BYLAWS – Civil Service Commission 2 Amended and approved May 5, 2020 C. Terms Members will serve three-year staggered terms. If a vacancy occurs before the end of the term, interim appointments may be made by the Council. D. Officers The Commission shall elect officers at its first meeting in February each year. Officers elected in the February meeting shall assume their position effective May 1 of that year. Each Commissioner shall serve as president of the Commission during the last year of the Commissioner’s term. Officer positions shall be held for a maximum of one year and shall rotate. If a Commissioner wishes to vacate her or his position, she or he shall serve in the elected position until a successor is appointed. E. Meetings & Attendance The Commission shall meet the first Monday in February each year. The Commission may hold additional meetings throughout the year. A quorum consisting of a simple majority of the Commissioners is necessary to transact the business of the Commission. Members are expected to attend all meetings, including the annual board and commission joint meeting. If a member is unable to attend a meeting, they should contact the staff liaison, who will inform the chair. If a quorum cannot be attained, the meeting will be canceled. Staff liaisons will track attendance at each meeting. Each April, the City Manager’s office will review attendance records for the preceding calendar year (April-March) and send a standardized letter of warning to any member that has missed more than fifty percent (50%) of the preceding year’s meeting. Minutes of all meetings shall be kept and stored in the Commission Records, as defined in Article III, paragraph A below. Article III: Rules The Commission authorizes the City Manager to administer the policies and procedures necessary to carry out these Rules and Regulations. A. Records The Commission delegates to the City Manager the responsibility of keeping the Civil Service Records (the “Commission Records”). The Commission Records shall include: • the most current version of these Rules and Regulations • meeting minutes and agendas for all Commission meetings • all current Service and Eligible Registers • the most current application form approved by the Commission • an organizational chart of the Department • a summary description of each classification required under Article III, paragraph B below • a summary description of the most current testing procedures approved by the Commission • a summary description of the most current promotion procedures approved by the Commission Records of classification studies, actions, and job descriptions (describing typical duties, responsibilities, and minimum qualifications) as well as the Application Register will be separately maintained by the Human Resources department. Such records shall be made available to the Commission upon request. BYLAWS – Civil Service Commission 3 Amended and approved May 5, 2020 The Commission Records shall contain only public data as defined by Minnesota Statutes section 13.03, subdivision 1, and shall not contain any confidential data on individuals, data on individuals, not public data or nonpublic data (collectively, “Private Data”) as those terms are defined by Minnesota Statutes section 13.02, subdivisions 3, 5, 8a and 9, respectively. Any documents containing Private Data shall be redacted before being placed in the Commission Records. B. Classification of Jobs The Commission delegates to the City Manager the responsibility of administering a fair and objective job classification system, including the responsibility to grade and classify all employees and officers of the Department. Job classes shall group positions that have identical or similar primary duties, and jobs shall be classified based on job-related contributions and value to the City’s function. Such classifications and amendments or additions thereto shall be reviewed and approved by the Commission. C. Creation of Registers The Commission delegates to the City Manager the responsibility of preparing and maintaining: i. a service register (“Service Register”) containing the classes, names, ages, compensation, period of past employment, any available demographic data, and such other facts and data with reference to each employee as the Commission may deem useful. ii. an application register (“Application Register”) containing the names and addresses, in the order of the date of application, of all applicants for examination and the offices or employments they seek. The Commission shall authorize the creation of an Application Register upon request of the City Manager or the Chief of Police. No name shall remain on the Application Register for more than two years. When an applicant is found eligible for service, her or his name shall be removed from the Application Register and transferred to the Eligible Register. iii. an eligible register (“Eligible Register”) containing the names, addresses and test scores (expressed as a percentage) of all applicants found eligible for new appointment pending successful completion of background and psychological examinations. An Eligible Register will be maintained from the date approved by the Commission until a recommendation from staff to de-certify the register is approved by the Commission. After the initial creation of an Eligible Register, no names may be added to the register, except that internal Community Service Officers who meet the minimum requirements may be added to an existing Eligible Register at any time. D. Selection of Candidates for New Appointments When a vacancy exists, the City Manager or the Chief of Police will request that the Commission establish a list of eligible candidates. If there is an existing Eligible Register from which the City Manager wishes to fill the vacancy, the City Manager will request certification of the appropriate number of candidates from that register. Alternatively, the City Manager may request that the Commission approve de-certification of any existing Eligible Register and authorize the initiation of a new application process to create a new Eligible Register. The Commission shall certify to the City Manager the names of the three highest standing applicants on the applicable list. The City Manager may select a candidate certified by the Commission, or may reject any or all candidates certified by the Commission as provided in Section F below. Alternatively, the City Manager may choose not to fill the position and reject all three candidates. Prior to making a selection, the City Manager may obtain any additional job-relevant information deemed necessary to complete the appointment, including recommendations from the Chief of Police. The Commission will be notified of the BYLAWS – Civil Service Commission 4 Amended and approved May 5, 2020 candidates selected for appointment and will receive copies of all police officer appointment letters. E. Applications Applications must be filed, in a format prescribed by the City Manager and approved by the Commission, before the closing date set in the announcement. The Commission may require the applicant to furnish such additional information as it deems necessary regarding the applicant’s health, character, and qualifications. Application forms will meet the requirements of relevant federal and state law(s) or regulation(s). Applications will be retained by the Human Resources Department. All applications must be retained until the applicant’s name no longer appears on the Application Register or the Eligible Register and in compliance with the State of Minnesota Records Retention Schedule for Minnesota governmental entities. F. Rejection of Applications The City Manager may exercise reasonable discretion to reject an application for any of the following reasons: • failure to meet the minimum requirements for the position as set forth in the approved job description • past record of crime, disgraceful conduct, or conduct unbecoming of a police officer • disqualifying background information • giving false information, engaging in fraudulent conduct or attempted deception, or conspiring with others to do the same • former dismissal from public or private service because of delinquency or misconduct • DWI, Implied Consent, or BAC over .08 on driving record in the last two years • misdemeanor conviction (including traffic convictions, DAR and DAS) in the last three years • dismissal from a police agency or negotiated resignation in lieu of termination • an undesirable discharge from the military or an honorable discharge which indicates the applicant is not eligible for reenlistment • More than two “at fault” motor vehicle accidents in the last two years • documented instances of misconduct by prior employers • documented instances of undesirable work habits • documented pattern of unfitness or misconduct • documented history of behavior that indicates that the applicant will not succeed as a Golden Valley police officer • insufficient references or unsatisfactory references • unsatisfactory personal qualifications • conduct that is not consistent with current City employment policies BYLAWS – Civil Service Commission 5 Amended and approved May 5, 2020 The City Manager shall reject an application for any of the following reasons: • felony conviction (including pardons) • felony and gross misdemeanor drug conviction • criminal sexual misconduct conviction • gross misdemeanor conviction in the last five years • conviction of assaulting or eluding a police officer • evidence that the applicant has misrepresented or falsified any material information to the department • failure to meet any of the other minimum requirements for POST certification under Minnesota Administrative Rule 6700.0700 Upon rejection of any application, the applicant’s name shall be removed from the Application Register. G. Examinations The City Manager shall prescribe and administer tests to determine the relative fitness and ability of applicants for new appointment and for promotion within the Department to perform the duties of the positions to which they seek appointment. Examinations shall consist of a written examination, physical examination, and at least one oral interview. Examinations shall be held in successive rounds, and only applicants who achieve a passing score on each test shall be eligible for placement on the Eligible Register. Examinations may be administered orally, in writing, or in any other form that allows applicants to demonstrate the relevant skills, and the form of each examination and scoring criteria are subject to Commission approval. With respect to applications for new appointment, the Commission delegates to the City Manager the responsibility of providing notice of the date, hour, place, and scope of each examination. At a minimum, such notice shall be published in a newspaper of general circulation in the City and posted for 10 days in City Hall and at each station house. The notice shall provide that other examinations may be administered from time to time throughout the life of the Eligible Register to applicants meeting the minimum requirements. H. Eligible Register i. Placement of New Candidates on the Eligible Register All candidates who pass the examinations to the satisfaction of the City Manager or the Chief of Police shall be placed on the Eligible Register and ranked according to the total weighted scores, the candidate with the highest qualifying score being first and the candidate with the lowest qualifying score being last. In the event that two or more candidates are ranked in such a manner as to create a tie, the contest shall be decided by the toss of a coin by the Chair. The candidate with the surname closest to the beginning of the alphabet shall be assigned the “heads” result and the other candidate the “tails” result. In the event that more than two candidates are subject to this section, the contest shall be conducted in the same manner with the first two contestants selected based on alphabetical ranking, the victor of which shall then compete with the remaining candidate. Veterans shall have added points during the examination process, if they so elect, in accordance with applicable Minnesota law. Placement on the Eligible Register is not a guarantee of being hired BYLAWS – Civil Service Commission 6 Amended and approved May 5, 2020 as a Golden Valley Police Officer. ii. Expiration or Termination of Eligibility The eligibility of a candidate for appointment shall continue for a period of no more than two years. An applicant may be removed from the Eligible Register before the expiration of two years for any of the following reasons: • the candidate submits a written request to be removed from the Eligible Register • the candidate fails to meet or continue to meet any established requirements for the position, including but not limited to failure to meet licensing, registration, or medical qualifications • the Eligible Register is decertified • any other reason that would disqualify a candidate for appointment to the classification I. Promotions The Commission delegates to the City Manager the responsibility of establishing and administering the promotion process, subject to the approval of the Commission. To be eligible for a promotion, a candidate must file a written application, fulfill the minimum job requirements, pass the applicable examinations, and fulfill the minimum experience and education requirements. The Commission delegates to the City Manager the responsibility of reviewing candidate applications as well as each candidates’ records of efficiency, character, conduct and seniority to determine if the applicant meets the foregoing requirements and is eligible for promotion. Examinations for promotion shall be open to anyone meeting the minimum requirements, based on written recommendation of the Chief. No prejudice will be held against an officer not seeking a promotion. J. Probationary Period Both new appointments and promotions shall be followed by a probationary period of 12 months. The probationary period for a newly appointed officer shall begin after satisfactory completion of the basic peace officer training course. An employee or officer may be discharged at any time during the probationary period, with or without cause, by the City Manager. A candidate for promotion who is rejected during the probationary period shall return to his or her former position. K. Temporary Assignments In case of emergency, the Commission may be requested to certify names for appointment to a temporary position. In such cases, the Commission shall certify the names of the three individuals standing highest on the Eligible Register who are willing to accept such temporary appointment. If no one on the Eligible Register is willing to accept such temporary employment, the Commission may certify the name of any other qualified person. No temporary employment shall continue for a period of longer than 30 days, nor shall successive temporary employment be permitted for the same position. L. Suspension/Leave of Absence For disciplinary purposes, or pending investigation of actions or conduct which may result in a cause for discharge, demotion or reduction, in accordance with the City and department policies and any applicable labor contract, the City Manager shall have the power to suspend or mandate a leave of absence for, with or without pay, any employee or officer for a period of up to 60 days. Any such action shall be subject to BYLAWS – Civil Service Commission 7 Amended and approved May 5, 2020 all applicable labor contracts. The suspended employee shall have 10 days to appeal the suspension to the Commission. In lieu of an appeal to the Commission, the employee may appeal the suspension by such other process to which she or he is otherwise entitled. M. Discharge No employee or officer, after satisfactory completion of a probationary period, shall be removed or discharged except for cause upon written charges and after an opportunity to be heard in their own defense, as provided by Minnesota law. Charges against an officer may be presented by the City Manager or a superior officer, and shall be filed with the Secretary of the Commission. The Commission shall hear the charges as soon as feasible and the officer shall be afforded 10 days written notice of the hearing. In lieu of a hearing before the Commission, the employee may pursue any other process to which she or he is otherwise entitled. Nothing in this section shall limit the power of any officer to suspend a subordinate for a reasonable period of time not exceeding 60 days for the purpose of discipline, or pending investigation of charges. N. Lay-Off and Reinstatement Whenever it becomes necessary, for lack of funds or any other causes, to reduce the force, the City Manager shall notify the Commission in writing, at least two weeks in advance, giving the number of positions to be vacated and reasons therefore. Temporary and probationary appointees shall be laid off first, in the order named. Permanent employees shall be laid off on the basis of seniority, as defined in the labor contract. Any employee or officer who has been laid off in accordance with these rules shall be eligible for reinstatement to positions of the same class and grade as the position from which lay-off commences. Such persons shall be reinstated in the reverse order of lay-off. When vacancies occur, appointment shall be made from the pool of laid off employees or officers before new applicants are considered, and in accordance with the labor contract. Article IV: Amendments and Revisions The Commission will review these Rules and Regulations annually at a meeting with a majority of the Commissioners present, and Commissioners will present recommendations for changes and amendments. These Rules and Regulations can be altered or amended at any regular Commission meeting. CHAPTER 419​ POLICE CIVIL SERVICE COMMISSIONS​ ESTABLISHMENT.​419.01​ MEMBERSHIP; JOINT POLICE AND FIRE​ COMMISSION.​ 419.02​ MEETING.​419.03​ COMMISSIONERS TO SERVE WITHOUT PAY.​419.04​ DUTIES OF COMMISSION.​419.05​ RULES FOR POLICE DEPARTMENT.​419.06​ OFFICERS DISCHARGED ONLY AFTER HEARING.​419.07​ MERIT SYSTEM MUNICIPALITIES, DISCHARGE​ OF PEACE OFFICERS.​ 419.075​ RULES AND STANDARDS.​419.08​ EXAMINATIONS.​419.09​ NOTICE OF EXAMINATIONS; CREATION OF​ ELIGIBLE REGISTER; REMOVAL AND ADDITIONS.​ 419.10​ CHARGES FILED WITH SECRETARY OF​ COMMISSION.​ 419.11​ SUSPENSION AND REMOVAL; REINSTATEMENT.​419.12​ CERTAIN ACTS A MISDEMEANOR.​419.13​ COMMISSION VESTED WITH CERTAIN POWERS.​419.14​ OFFICERS TO COME UNDER COMMISSION.​419.15​ ABOLITION OF COMMISSION.​419.16​ ABOLITION SUBMITTED TO VOTERS.​419.17​ APPLICATION.​419.18​ LIMITATION UPON CONTEST OF CERTIFICATION.​419.181​ 419.01 ESTABLISHMENT.​ There may be created in every city, except a city of the first class, a police civil service commission​ with powers and duties as provided in sections 419.01 to 419.18. Any such city which may wish to avail​ itself of the provisions thereof shall do so by an ordinance expressly accepting the provisions thereof. The​ ordinance shall be adopted in the same manner as other nonemergency ordinances, but at least 30 days shall​ elapse between its introduction and final passage by the governing body. Sections 419.01 to 419.18 do not​ apply to any city until the adoption of such ordinance.​ History: (1933-48) 1929 c 299 s 1; 1933 c 197 s 1; 1935 c 34 s 1; 1959 c 694 s 1; 1973 c 123 art 5 s​ 7​ 419.02 MEMBERSHIP; JOINT POLICE AND FIRE COMMISSION.​ Subdivision 1.Number, qualifications, limits.This commission shall consist of three members who​ are citizens of the state and residents of such city, and shall be appointed by the council of the city, and when​ first created one commissioner shall be appointed for the term of one year, who shall be president of the​ commission, one for the term of two years, and one for the term of three years, and all commissioners shall​ hold their office until their successors are appointed and qualified. No commissioner shall, at the time of​ appointment or while serving, hold any elected office under the city, the United States, the state of Minnesota,​ or any public corporation or political division thereof, or employment under the city, or employment under​ a police department of any city, other than as a member of a civil service commission for firefighters or​ other municipal personnel. Each commissioner, before entering upon duties, shall subscribe and file with​ the city clerk an oath for the faithful discharge of the duties. There shall be appointed each year thereafter​ by the city council one member of the commission whose term of office shall be for three years, and each​ member of the commission shall be president of the commission during the last year of the member's term.​ Subd. 2.Transition to joint commission.In any city establishing or having a firefighters' civil service​ commission, the city council may, in the ordinance establishing the police or firefighters' civil service​ commission or in a later ordinance adopted in the same manner, provide that a single commission shall serve​ as both police and firefighters' civil service commissions. The joint commission shall consist of three members​ appointed in the same manner, for the same terms, and with the same qualifications as a police civil service​ commission under sections 419.01 to 419.18. When existing police and firefighters' civil service commissions​ are combined, all the members of the two commissions shall become the members of the combined​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 419.02​MINNESOTA STATUTES 2019​1​ commission and shall continue to serve as members of the new commission for the remainder of the terms​ for which they were originally appointed. No successor shall be appointed for the members whose terms​ are the first, third, and fifth of the six to end, but at the end of every other term, one member shall be appointed​ for a three-year term, thus reducing the commission membership to five by the end of the first year, four by​ the end of the second year, and three by the end of the third year.​ History: (1933-49) 1929 c 299 s 2; 1959 c 694 s 2; 1973 c 123 art 5 s 7; 1977 c 429 s 63; 1978 c 585​ s 1; 1986 c 444​ 419.03 MEETING.​ The commission shall first meet immediately after its appointment and thereafter on the first Monday​ in February each year at which meetings it shall select from its members a secretary who shall serve until a​ successor is elected. The commission shall from time to time fix the times of its meetings, and adopt, amend,​ and alter rules for its procedure.​ History: (1933-50) 1929 c 299 s 3; 1986 c 444​ 419.04 COMMISSIONERS TO SERVE WITHOUT PAY.​ Each commissioner shall serve without pay but the council may allow the secretary such compensation,​ not exceeding $100 per year, as it shall deem commensurate with the additional service rendered. The council​ shall pay from the municipal treasury all expenses incurred by the commission in connection with the​ performance of its duties and furnish it with all supplies, stationery, and equipment it may require, but all​ bills and accounts shall be audited and approved by the president and secretary of the commission before​ being paid by the council.​ History: (1933-51) 1929 c 299 s 4; 1986 c 444​ 419.05 DUTIES OF COMMISSION.​ The commission shall have absolute control and supervision over the employment, promotion, discharge,​ and suspension of all officers and employees of the police department of such city and these powers shall​ extend to and include all members of the police department. The commission may not, however, prescribe​ any residency requirements for the positions under its control, unless approved by the city council.​ The commission shall, immediately after its appointment and organization, grade and classify all of the​ employees of the police department of the city and a service register shall be prepared for the purpose, in​ which shall be entered, in their classes, the names, ages, compensation, period of past employment and such​ other facts and data with reference to each employee as the commission may deem useful.​ The commission shall keep a second register to be known as the application register in which shall be​ entered the names and addresses, in the order of the date of application, of all applicants for examination​ and the offices or employments they seek. All applications shall be upon forms prescribed by the commission​ and contain such data and information as the commission deems necessary and useful.​ History: (1933-52) 1929 c 299 s 5; 1973 c 123 art 5 s 7; 1978 c 585 s 2​ 419.06 RULES FOR POLICE DEPARTMENT.​ The commission shall adopt rules to promote efficiency in the police department service and to carry​ out the purposes of this chapter. The rules must provide among other things for:​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 2​MINNESOTA STATUTES 2019​419.02​ (1) the classification of all offices and employments in the police department;​ (2) public competitive examinations to test the relative fitness of applicants;​ (3) public advertisements of all examinations at least ten days in advance in a newspaper of general​ circulation in the city and posting the advertisement for ten days in the city hall and at each station house;​ (4) the creation and maintenance of lists of eligible candidates after successful examination in order of​ their standing in the examination and without reference to the time of examination, which must be included​ in an eligible register;​ (5) the commission may by rule provide for striking any name from the eligible register after it has been​ on the register for one year;​ (6) the rejection of candidates or eligibles who, after the entry of their names, fail to comply with the​ reasonable rules and requirements of the commission in respect to age, residence, physical condition, or​ otherwise, or who have been guilty of criminal, infamous, or disgraceful conduct, or of any willful​ misrepresentation, deception, or fraud in connection with their applications for employment;​ (7) the certification of the three names standing highest on the appropriate list to fill any vacancy;​ (8) temporary employment without examination, with the consent in each case of the commission, in​ cases of emergency, but no such temporary employment may continue more than 30 days nor may successive​ temporary employments be permitted for the same position; provided, that until 60 days after cessation of​ hostilities in a war as declared by proper federal authority, whenever there are no names upon the eligible​ register, temporary appointment may be made for employment to continue until the position is filled by a​ candidate from the eligible register under the provisions of the rules, provided that persons on the eligible​ list at the time of induction into the armed forces of the United States must retain their position on the eligible​ register;​ (9) promotion based on competitive examination and upon records of efficiency, character, conduct and​ seniority;​ (10) suspension with or without pay for not longer than 60 days and for leave of absence, with or without​ pay; and​ (11) other rules not inconsistent with the provisions of this chapter as may, from time to time, be found​ necessary to secure the purposes of this chapter.​ When a disparity exists between the make-up of the police department and its approved affirmative​ action goals, the commission may certify up to two eligible candidates from each protected group for which​ a disparity exists. This certification is in addition to the three candidates certified under clause (7). This​ expanded certification may not include a member of a protected group if a member of that group is one of​ the three candidates certified under clause (7). Certifications under this paragraph must be made from the​ list of eligible candidates who have successfully completed the examination, in order of their standing in​ the examination. These expanded certification procedures apply only to positions to be filled from the public​ and do not apply to promotional appointments.​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 419.06​MINNESOTA STATUTES 2019​3​ Copies of such rules must be kept posted in a conspicuous place at each police station house and no​ rules of general application with reference to employment, promotion, discharge, or suspension are effective​ until posted.​ History: (1933-53) 1929 c 299 s 6; 1943 c 441 s 1; 1959 c 694 s 3; 1973 c 123 art 5 s 7; 1991 c 140 s​ 1; 1993 c 35 s 1​ 419.07 OFFICERS DISCHARGED ONLY AFTER HEARING.​ No officer or employee other than a peace officer, after six months' continuous employment, shall be​ removed or discharged except for cause upon written charges and after an opportunity to be heard in defense​ of the charges as in this chapter hereinafter provided. No newly appointed peace officer after satisfactory​ completion of the basic peace officers training course pursuant to sections 626.843 to 626.852 and after a​ period of no longer than 12 months continuous employment thereafter, shall be removed or discharged​ except for cause upon written charges and after an opportunity to be heard in defense of the charges as in​ this chapter hereinafter provided. Such charges shall be investigated by or before such civil service​ commission. The finding and decision of such commission shall be forthwith certified to the chief or other​ appointed or superior officer, and will be forthwith enforced by such officer. Nothing in this chapter shall​ limit the power of any officer to suspend a subordinate for a reasonable period not exceeding 60 days for​ the purpose of discipline, or pending investigation of charges when the officer deems such suspension​ advisable. The commission, in any city of the second class situate in two or more counties, may, by resolution​ adopted by unanimous vote, incorporate in the civil service rules a rule fixing the term of the office of chief​ of the department at six years from the date of appointment and thereafter the office of chief shall be open​ to competitive examination for all members of the department qualified to take such examinations. In the​ event of a new appointment being made to the office of chief as a result of competitive examination, the​ retiring chief shall be assigned a grade and class in the department as may be determined by the commission.​ Provided that the limitation of the term of chief as herein provided for shall not affect any person permanently​ holding the office of chief at the time of the passage of Laws 1947, Chapter 522; provided further that the​ provisions of this section shall not apply to persons referred to in Minnesota Statutes 1969, Section 299D.03.​ History: (1933-54) 1929 c 299 s 7; 1947 c 522 s 1; 1971 c 839 s 1; 1980 c 509 s 159; 1986 c 444​ 419.075 MERIT SYSTEM MUNICIPALITIES, DISCHARGE OF PEACE OFFICERS.​ Subdivision 1.Application.This section applies to any city, county, town or other political subdivision​ which has adopted a formal merit system under any provision of law or home rule charter.​ Subd. 2.Officers discharged after hearing.No newly appointed peace officer, after satisfactory​ completion of the basic peace officer training course pursuant to sections 626.843 to 626.852 and after a​ period of no longer than 12 months continuous employment thereafter, shall be removed or discharged​ except for cause upon written charges after opportunity to be heard in defense of the charges.​ History: 1971 c 839 s 2; 1973 c 123 art 5 s 7; 1980 c 509 s 160; 1986 c 444​ 419.08 RULES AND STANDARDS.​ The commission shall ascertain the duties of each office, position, and employment in the police protection​ service of such city, and designate by rule as well as may be practicable the grade of each office, employment,​ or position. The commission shall prescribe standards of fitness and efficiency for each office, position, and​ employment and for each grade, and adapt its examination thereto.​ History: (1933-55) 1929 c 299 s 8; 1973 c 123 art 5 s 7​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 4​MINNESOTA STATUTES 2019​419.06​ 419.09 EXAMINATIONS.​ All examinations shall be impartial, fair, and practical and designed only to test the relative qualifications​ and fitness of applicants to discharge the duties of the particular employment which they seek to fill. No​ question in any examination shall relate to the political or religious convictions or affiliations of the applicant.​ All applicants for positions of trust and responsibility shall be specially examined as to moral character,​ sobriety, and integrity, and all applicants for position requiring special experience, skill, or faithfulness shall​ be specially examined in respect to those qualities. It shall be the duty of the chief of the police department​ and of every employee to act as an examiner or assistant examiner, at the request of the commission, without​ special compensation therefor. The members of the commission collectively or individually may act as​ examiners or assistant examiners.​ History: (1933-56) 1929 c 299 s 9​ 419.10 NOTICE OF EXAMINATIONS; CREATION OF ELIGIBLE REGISTER; REMOVAL AND​ ADDITIONS.​ Subdivision 1.Notice of examinations.(a) Notice of the time, place, and scope of each examination​ shall be given by publication and posting as specified in section 419.06, and by mailing such notice to each​ applicant upon the appropriate list of the application register ten days in advance.​ (b) The notice may provide that other examinations may be administered from time to time during the​ life of the eligible register, without an additional publication or ten-day notice, to applicants meeting threshold​ requirements.​ Subd. 2.Creation of eligible register.The names of those found eligible upon examination, after giving​ credit for character and previous successful experience, shall be entered with their address and percentages​ on the eligible register.​ Subd. 3.Removal of names.No name shall remain upon the eligible register more than two years​ without a new application, and, if the rules of the commission so require, a new examination. When a vacancy​ has been filled or new appointment made, the names selected shall be stricken from the eligible register and​ transferred to the service register.​ Subd. 4.Addition of names.If the notice under subdivision 1, paragraph (b), is given at the time of​ initial examination, additional examinations may be administered to applicants meeting threshold requirements​ without an additional publication or ten-day notice. Applicants passing a later examination shall be added​ to the eligible register in the order of their standing relative to the remaining applicants on the register.​ History: (1933-57) 1929 c 299 s 10; 2001 c 87 s 1​ 419.11 CHARGES FILED WITH SECRETARY OF COMMISSION.​ Charges of inefficiency or misconduct may be filed with the secretary of the commission by a superior​ officer or by the appointing authority, and thereupon the commission shall try the charges after no less than​ ten days' written notice to the accused. Such notice shall set forth the charges as filed. The trial of these​ charges shall be open to the public and each commissioner shall have the power to issue subpoenas and to​ administer oaths and to compel the attendance and testimony of witnesses and the production of books and​ papers relevant to the investigation. The commission shall require by subpoena the attendance of any witness​ requested by the accused who can be found in the county in which such city is located. The commission​ may make complaint to the district court of disobedience of its subpoenas or orders under this section, and​ the court shall prescribe notice to the person accused and require the accused person to obey the commission's​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 419.11​MINNESOTA STATUTES 2019​5​ subpoena and order, if found within the lawful powers of the commission, and punish disobedience as a​ contempt of court. Witnesses shall be entitled to the same fees and mileage as for attendance upon the district​ court, except that any officer, agent, or employee of the city who receives compensation for services, shall​ not be entitled to fees or mileage.​ History: (1933-58) 1929 c 299 s 11; 1959 c 694 s 4; 1973 c 123 art 5 s 7; 1986 c 444​ 419.12 SUSPENSION AND REMOVAL; REINSTATEMENT.​ An employee who, after investigation and trial by civil service commission, is found guilty of inefficiency,​ breach of duty, or misconduct, may be removed, reduced, or suspended. The employee's name also may be​ stricken from the service register. If the board determines that the charges are not sustained, the accused, if​ suspended pending investigation, shall be immediately reinstated and shall be paid all back pay due for the​ period of suspension.​ Findings, determinations, and orders of the commission for suspension, reduction, or removal, shall be​ in writing and shall be filed within three days after the completion of the hearing with the secretary of the​ commission. The secretary shall notify the employee of the decision in writing. Any person suspended,​ reduced, or removed by the commission after investigation may appeal in accordance with chapter 14.​ The question to be determined by the court shall be:​ "Upon the evidence, was the order of the commission reasonable?"​ History: (1933-59) 1929 c 299 s 12; 1973 c 123 art 5 s 7; 1983 c 247 s 152; 1986 c 444​ 419.13 CERTAIN ACTS A MISDEMEANOR.​ An applicant for examination, appointment or promotion in the police department service of the city​ who shall, either directly or indirectly, give, render, or pay or promise to give, render, or pay any money,​ service or other thing to any person, for or on account of or in connection with the applicant's examination,​ appointment or proposed appointment or promotion shall be guilty of a misdemeanor and shall also be​ subject to suspension or removal.​ Any officer or employee of the police department, when operating under civil service in accordance​ with the provisions of this chapter, who shall in any manner directly or indirectly solicit, receive, or pay, or​ be in any manner concerned in soliciting, receiving, or paying, any assessment, subscription or contribution​ for any party or political purpose, shall be guilty of a misdemeanor and shall be subject to suspension or​ removal.​ Any person who shall solicit or receive directly or indirectly, or be in any manner concerned in soliciting​ or receiving any assessment, contribution, or payment for any political purpose whatever from any officer​ or employee in a police department operated under civil service as in this chapter provided for, shall be​ guilty of a misdemeanor.​ History: (1933-60, 1933-61, 1933-62) 1929 c 299 s 13-15; 1973 c 123 art 5 s 7; 1986 c 444​ 419.14 COMMISSION VESTED WITH CERTAIN POWERS.​ When any city has a civil service commission the council may provide that this commission be vested​ with the powers and duties of the police civil service commission as set forth herein.​ History: (1933-63) 1929 c 299 s 16; 1973 c 123 art 5 s 7​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 6​MINNESOTA STATUTES 2019​419.11​ 419.15 OFFICERS TO COME UNDER COMMISSION.​ Any police officer regularly employed at the time of the creation of the civil service commission shall​ automatically come under the jurisdiction of the civil service commission.​ History: (1933-63a) 1929 c 299; 1933 c 197 s 1​ 419.16 ABOLITION OF COMMISSION.​ A police civil service commission created under this chapter may be abolished as follows: (1) by the​ voters in accordance with section 419.17; or (2) by a unanimous vote of the city council. Abolition by the​ voters shall be initiated by a petition signed by at least 25 percent of the number of legal voters voting at​ the last general municipal election filed with the governing body of the city requesting that the following​ question be submitted to the voters: "Shall the police civil service commission be abolished?"​ History: (1933-63b) 1929 c 299; 1933 c 197 s 1; 1973 c 123 art 5 s 7; 1999 c 165 s 1​ 419.17 ABOLITION SUBMITTED TO VOTERS.​ When a petition is filed under section 419.16, the governing body of the city shall cause the question to​ be submitted to the voters at the first following general municipal election. The commission is abolished if​ two-thirds of the votes cast in the election are in favor of the abolishment, and the status of the police​ department and all of its employees shall thereafter be the same as if the commission had not been created.​ History: (1933-63c) 1929 c 299; 1933 c 197 s 1; 1973 c 123 art 5 s 7; 1999 c 165 s 2​ 419.18 APPLICATION.​ The provisions of sections 419.01 to 419.18 with reference to the abolition of civil service commission​ shall not apply and shall have no force or effect in any city in this state where a commission has already​ been created.​ History: (1933-63d) 1929 c 299; 1933 c 197 s 1; 1973 c 123 art 5 s 7​ 419.181 LIMITATION UPON CONTEST OF CERTIFICATION.​ Notwithstanding any law to the contrary, no person shall contest the certification of any person to fill​ any vacancy by a police civil service commission in a city, except a city of the first class, later than six years​ after the date of certification.​ History: 1959 c 290 s 1; 1973 c 123 art 5 s 7​ 419.19 [Repealed, 1965 c 79 s 2]​ 419.20 [Repealed, 1965 c 79 s 2]​ 419.21 [Repealed, 1965 c 79 s 2]​ 419.22 [Repealed, 1965 c 79 s 2]​ 419.23 [Repealed, 1965 c 79 s 2]​ 419.24 [Repealed, 1965 c 79 s 2]​ 419.25 [Repealed, 1965 c 79 s 2]​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 419.25​MINNESOTA STATUTES 2019​7​ 419.26 [Repealed, 1965 c 79 s 2]​ 419.27 [Repealed, 1965 c 79 s 2]​ 419.28 [Repealed, 1965 c 79 s 2]​ 419.29 [Repealed, 1965 c 79 s 2]​ 419.30 [Repealed, 1965 c 79 s 2]​ 419.31 [Repealed, 1965 c 79 s 2]​ 419.32 [Repealed, 1965 c 79 s 2]​ 419.33 [Repealed, 1965 c 79 s 2]​ 419.34 [Repealed, 1965 c 79 s 2]​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 8​MINNESOTA STATUTES 2019​419.26​ Civil Service Commission Examination Process NEW ELIGIBILITY REGISTER SELECTION PROCESS APPLICATION PROCESS PROJECTED DATES ACTUAL DATES NOTES Authorization to Initiate New Application Process by Civil Service Commission 09/13/19 Selection Committee: • Chief of Police • Human Resources Director • Police Commanders Hiring Pool Identified: • Sgt. Sloat • Sgt. Mahlen • Sgt. Wilcox • Det. Gould • Sgt. J. Sleavin • Det. Zarrett • Officer Staaf • Officer Evans • Officer Pacholke • Officer Bammert • Officer B. Hartneck • Officer S. Hartneck • Officer Siljander • Det. T. Sleavin • Det. Zachman • Officer Feldman This is the pool of department employees that will conduct first round interviews. Interview groups will be selected based on availability. Posting Locations: • Internal Email Notification • NeoGov Online • League of MN Cities Website/Government Jobs • MN POST Board Site • Sun Post • Others as appropriate 09/16- 10/6 9/17-10/13  Internal Email Notification  NeoGov Online  League of MN Cities Website/Government Jobs  MN POST Board Site  Sun Post Received 96 applications (plus two duplicate applications) Selection Committee Reviews Applications 10/7-10/8 10/13-10/18 HR Department Sends Written Test Invitation 10/9 10/21 Invitations sent to all applicants who meet minimum qualifications. Invited all 96 applicants 2 OPEN COMPETITIVE EXAMINATION PROCESS PROJECTED DATES ACTUAL DATES NOTES Hiring Pool Administers Written Test(s): • LEAP • Wonderlic 10/24 10/25 10/28 10/29 Written test will be administered several times at different times of day and days of the week based on the number of qualified applicants. 59 applicants showed up to testing sessions Add Veterans Preference Points Selection Committee Reviews Examination Scores and Determines Cut-Off Score Cut off score determined based on received scores INTERVIEW PROCESS PROJECTED DATES ACTUAL DATES NOTES HR Department Sends Physical Ability Invitation 11/05 Invitations sent to applicants who meet minimum acceptable score Invited 59 applicants to PT Selection Committee and Hiring Pool Administer Physical Ability Test 11/12 11/14 Test is pass/fail based on scale determined by Cooper Institute. 39 applicants showed up to testing sessions HR Department Sends 1st Round Panel Interview Invitations Invitation sent to all applicants who pass Physical Ability Test. Invited 29 applicants to first round interviews Interview Panel 1 & 2: Conducts 1st Round Interview followed by Scenario Evaluation Followed by PEP 12/9 12/12 Applicants will do two back-to-back panels, run through scenarios, and complete the PEP. 27 applicants showed up to the interviews HR Department Sends 2nd Round Interview Invitation Invitation sent to all applicants who pass 1st round interviews and scenario evaluation. Invitation sent to 17 applicants Chief of Police Conducts 2nd Round Interview *includes members of selection committee 1/6/2020 1/9/2020 1/14/2020 1/16/2020 15 applicants scheduled and showed up for an interview Selection Committee Prepares Ranked Proposed Eligibility Register TBD 1/17/2020 Propose adding 6 to eligibility register Civil Service Commission Approves and Certifies Eligibility Register TBD 1/21/2020 Chief of Police Selects Candidate from Certified Register TBD City Manager Approves Candidate(s) TBD 3 OFFER PROCESS PROJECTED DATES ACTUAL DATES NOTES HR Department Extends Conditional Offer of Employment TBD Conditional offer is contingent upon successful results of a background check, psychological exam, and medical/drug test. Police Department Conducts Background Check TBD Third-Party conducts Psychological evaluation, medical exam TBD Psychological exam conducted by Martin McAllister Medical Exam/drug test conducted by Health Partners Occupational Health SCORING TABLE TEST TOTAL POSSIBLE POINTS SCORED BY NOTES Law Enforcement Aptitude Profile Test A tool developed by BCG Consulting Group, the LEAP exam assesses a candidate’s aptitude for police work. The tool offers questions that relate to 14 different key indicators of police aptitude. 50 BCG Raw score divided by two (for a total of 50 points possible) added to total written test score Wonderlic A popular group intelligence test used to assess the aptitude of prospective employees for learning and problem-solving in a range of occupations. 25 Scored by Police Dept. with answer key provided by vendor Score divided by two (for a total of 25 points possible) Veteran’s Preference 10 to 15 N/A Points assigned by HR as required by law Physical Ability Test Pass/Fail Police Department Staff 5 categories worth 20 points each Personal Evaluation Profile The PEP survey is designed to evaluate a person's basic value system: their background, attitudes, and beliefs concerning key areas such as honesty, reporting dishonesty, customer service, socialization, drugs, employment background, work ethic, absenteeism, and tardiness. The PEP helps to direct the backgrounding officer as to what areas are weak in this person’s overall character. N/A Third Party No score assigned; test results reviewed by Chief of Police prior to Chief’s interview, results used to determine Chief’s interview questions 4 Demographics Self -Identified Gender Step Group Start Passed Failed Pass Rate 1.Application Received Male 81 79 2 97.53% Female 16 16 0 100.00% Unknown 1 1 0 100.00% Total: 98 96 2 97.96% 2.Written Exam Male 79 46 33 58.23% Female 16 12 4 75.00% Unknown 1 1 0 100.00% Total: 96 59 37 61.46% 3.Fitness Test Male 46 22 24 47.82% Female 12 6 6 50.00% Unknown 1 1 0 100.00% Total: 59 29 30 49.15% 4.Interview Male 22 11 11 50.00% Female 6 5 1 83.33% Unknown 1 1 0 100.00% Total: 29 17 12 58.62% 5.Chief's Interview Male 11 3 8 27.27% Female 5 3 2 60.00% Unknown 1 0 1 0.00% Total: 17 6 11 35.30% 6. Eligibility Register Male 3 N/A N/A N/A Female 3 N/A N/A N/A Unknown 0 N/A N/A N/A Total: 6 N/A N/A N/A 5 Self-Identified Ethnicity Step Group Start Passed Failed Pass Rate 1.Application Received American Indian or American Eskimo 1 1 0 100.00% Asian or Pacific Islander 1 1 0 100.00% African American 9 9 0 100.00% Hispanic 5 5 0 100.00% Caucasian 74 73 1 98.65% Two or More Races 5 4 1 80.00% Unknown 3 3 0 100.00% Total: 98 96 2 97.96% 2.Written Exam American Indian or American Eskimo 1 1 0 100.00% Asian or Pacific Islander 1 1 0 100.00% African American 9 5 4 55.56% Hispanic 5 1 4 20.00% Caucasian 73 46 27 63.01% Two or More Races 4 2 2 50.00% Unknown 3 3 0 100.00% Total: 96 59 37 61.46% 3.Fitness Test American Indian or American Eskimo 1 0 1 0.00% Asian or Pacific Islander 1 0 1 0.00% African American 5 2 3 40.00% Hispanic 1 1 0 100.00% Caucasian 46 22 24 47.83% Two or More Races 2 1 1 50.00% Unknown 3 3 0 100.00% Total: 59 29 30 49.15% 4.Interview American Indian or American Eskimo 0 0 0 0.00% Asian or Pacific Islander 0 0 0 0.00% African American 2 1 1 50.00% Hispanic 1 1 0 100.00% Caucasian 22 14 8 63.64% Two or More Races 1 0 1 0.00% Unknown 3 1 2 33.33% Total: 29 17 12 58.62% 6 5.Chief's Interview American Indian or American Eskimo 0 0 0 N/A Asian or Pacific Islander 0 0 0 N/A African American 1 1 0 100.00% Hispanic 1 1 0 100.00% Caucasian 14 4 10 28.57% Two or More Races 0 0 0 N/A Unknown 1 0 1 0% Total: 17 6 11 N/A 5.Eligibility List American Indian or American Eskimo 0 0 0 N/A Asian or Pacific Islander 0 0 0 N/A African American 1 0 0 N/A Hispanic 1 0 0 N/A Caucasian 4 0 0 N/A Two or More Races 0 0 0 N/A Unknown 0 0 0 N/A Total: 6 0 0 N/A Maria T. Cisneros Golden Valley City Attorney DIRECT 612.843.5828 mcisneros@bestlaw.com BEST & FLANAGAN LLP 60 South Sixth Street, Suite 2700 Minneapolis, Minnesota 55402 TEL 612.339.7121 FAX 612.339.5897 BESTLAW.COM Memorandum DATE: April 4, 2018 TO: Tim Cruikshank, City Manager FROM: Maria Cisneros, City Attorney REGARDING: Police Civil Service Commission Responsibilities, Delegation & Liability FILE NUMBER: 000090-317012 I. Introduction & Summary Under Minnesota Statutes Chapter 419 (the “Act”), the Golden Valley Civil Service Commission (the “Commission”) has “absolute control and supervision over the employment, promotion, discharge, and suspension of all officers and employees of the police department.”1 The purpose of the Commission is to promote fairness and transparency in police department hiring practices. Given the breadth of the Commission’s responsibilities under the Act, the Commission’s actions and policies can present significant liability for the City.2 Accordingly, it is appropriate for the Commission to delegate certain responsibilities to City staff to mitigate potential liability and ensure efficient employment practices within the police department. As long as the Commission creates rules to guide the staff’s actions and use of discretion, retains overall discretion to make final certification decisions, and retains discretion to prescribe rules and formulate the selection process, delegation of Commission activities is permissible under the Act. II. Analysis A. Scope of Civil Service Commission Responsibilities The Act was originally enacted in 1929 to eliminate political partisanship in police department staffing.3 Under the Act, the Commission has “absolute control and supervision over the employment, promotion, discharge, and suspension of all officers and employees of the police department.”4 The Commission is responsible for supervising and overseeing the hiring, promoting, suspending, and terminating of police department personnel.5 The Commission’s authority and role in each of these areas is defined in the Act. Despite the scope of the Act, 1 Minn. Stat. § 419.05; Golden Valley City Code § 2.55 (adopting Minn. Stat. §§ 419.01–419.18). 2 State ex rel. McGinnis v. Police Civil Service Comm’n., 91 N.W.2d 154 (Minn. 1958). 3See Yaeger v. Giguerre, 23 N.W.2d 22, 24 (Minn. 1946); Naeseth v. Village of Hibbing, 242 N.W. 6, 7 (Minn. 1932); State ex rel. Kos. v. Adamson, 32 N.W.2d 281, 282 (Minn. 1948). 4 Minn. Stat. § 419.05. 5 Id. Memorandum Page 2 the authority of the Commission is limited in some ways.6 For example, the Commission does not have authority to establish pay scales, vacations, sick leave, hospitalization, insurance, or other fringe benefits.7 Nor does the Commission have the authority to make final hiring decisions—that authority is vested in the City Manager as the appointing authority.8 The Act requires the Commission to adopt rules to promote police department efficiency and to carry out the purpose of the Act.9 The Commission’s responsibilities are defined in the Act and include the following: a. Grade and classify all employees of the Police Department and prepare a service register.10 b. Create and maintain an application register containing the names of all applicants.11 c. Prescribe application forms.12 d. Prescribe standards of fitness and efficiency for each office, position and employment.13 The Act requires that each examination test the applicants’ qualifications and fitness for the office; however, it does not explicitly required the Commission to create or administer the examinations. In fact, the Act explicitly authorizes delegation of examination administration to the chief of police and “every employee” of the department.14 e. Try charges of misconduct and inefficiency brought by a superior officer or the City Manager at the election of the affected employee.15 f. Adopt rules to promote efficiency in the police department and to carry out the purposes of the Act. 16 The rules must cover at least the following: i. Classification all offices and employments in the police department. ii. Public competitive examinations to test the fitness of applicants. iii. Public advertisement of all examinations. 6 Op. Att’y Gen. 785-e-2, October 21, 1965. 7 Id. 8 Minn. Stat. § 412.651, subd. 3; Op. Att’y Gen. 120, Dec. 16, 1974 (stating that the Commission does not have the authority to appoint personnel). 9 Minn. Stat. § 419.06. 10 Id. §§ 419.05, 419.08. 11 Id. § 419.05. 12 Id. 13 Id. § 419.08. 14 Id. § 419.09. 15 Id. § 419.11. In practice, the Commission’s role in hearing termination appeals has largely been replaced by the union labor grievance process at the election of the affected officers. 16 § 419.06(1)–(11). Memorandum Page 3 iv. Creation and maintenance of an eligible register containing the names of eligible candidates after successful examination in order of their standing in the examination. v. Creation of rules for striking names from the eligible register or rejecting candidates or eligibles that do not meet the minimum requirements. vi. Certification to the appointing authority (the City Manager) of the three names standing highest on the eligible register to fill any vacancy. vii. Procedures for temporary appointments without examination. viii. Promotion based on competitive examination and upon records of efficiency, character, conduct and seniority. ix. Suspension. The Act does not require the Commission to carry out the day-to-day work called for by its rules, nor does it require that all decisions be made by the Commission itself. Furthermore, the Act does not prohibit the Commission from delegating such responsibilities to City staff.17 In practice, many Civil Service Commissions delegate responsibility for carrying out the procedures embodied in their rules to City staff or other third parties.18 For example, the City of Maplewood delegates a substantial amount of responsibility to staff, including the creation of classifications and job descriptions, suspensions, training, performance evaluation, and moving employees from one position to another within a the same class.19 In Minneapolis, the rules specifically authorize the Human Resources Department to coordinate training and implement processes for evaluating job performance “in order to achieve a comprehensive, integrated human resources management system.”20 The reasons behind this common practice of delegating to staff appear to be practical. First, the Act requires the Commission to oversee virtually every aspect of police department employment. The demands of creating, monitoring and maintaining the lists; drafting job descriptions and classifications; coordinating, administering and grading testing; interviewing 17 Anderson v. Police Civil Service Comm’n, 414 N.W.2d 389, 392 (Minn. 1987) (“The statute’s language neither explicitly prohibits delegation of any of the statutory authority given to the Police Civil Service Commissions nor does it specifically mandate that all decisions of all facts of the process relative to personnel matters under the jurisdiction of the Police Civil Service Commissions be made by the commission itself.”). 18 See, e.g., Id. (upholding the commission’s decision to delegate the oral examination of applicants to a panel of non-commission members). 19 See, e.g., City of Maplewood Police Civil Service Commission Rules and Regulations § 4 (stating that “[t]he Human Resource Director, in conjunction with the Police Chief, will create classifications and job descriptions and will periodically review them for needed changes” subject to review by the commission); Id. (“the Chief of Police, subject to the approval of the City Manager, shall have authority to suspend said Department employee from duty with or without pay”). 20 City of Minneapolis Police Civil Service Rule 3. Memorandum Page 4 candidates; keeping abreast of the employment status of eligible candidates; training and evaluating staff; and handling disciplinary matters is substantial. Given the broad scope of the Commission’s oversight responsibilities and the complexity of the matters it oversees, it would be impractical to expect a group of three part-time volunteers to complete all of this work without staff involvement. Second, the structure of the Commission itself makes it difficult for the Commission to conduct business on a day-to-day basis. Under the Act, the Commission must be composed of three, unpaid Commissioners.21 To the extent Commissioners wish to handle these matters directly, they may only do so if one Commissioner handles the matter alone, or the whole Commission meets and holds a public meeting. The Commission is comprised of only three members, therefore, any time two or more commissioners gather to discuss Commission business, the meeting must be noticed and open to the public. 22 This means that Commissioners cannot collaborate with each other to handle matters outside of public meetings. Finally, the responsibilities of the Commission require expertise in human resources, employment law, law enforcement, and public administration. The City has never required Commissioners to have backgrounds or expertise in these areas and often Commissioners have little or no relevant experience. Delegating primary responsibility for carrying out the policies of the Commission to full-time staff, including subject matter experts such as human resources and administration professionals, ensures that the Commission’s policies are consistently and systematically followed and that they are in-line with the employment practices of other City departments. Additionally, engaging subject matter experts reduces the City’s potential liability for employment related claims under applicable state and federal employment laws, as well as claims for violations of the terms of the City’s collective bargaining agreements. Subject matter expertise is required to handle employment, discipline and record keeping matters, which are all highly regulated under state and federal law, and which are subject to other City policies and requirements. B. The Act Allows the Civil Service Commission to Delegate to City Staff The Commission may delegate some of its responsibilities to City staff. However, the power to delegate is not unlimited. The Commission may delegate all administrative and non- discretionary responsibilities as well as certain discretionary authority to the City Manager and 21 Minn. Stat. §§ 419.02, 419.04. 22 Minn. Stat. § 13D.01, subd. 1; Moberg v. Indep. Sch. Dist., 336 N.W.2d 510, 518 (Minn. 1983)(“[M]eetings subject to the requirements of the Open Meeting Law are those gathering of a quorum or more members… at which members discuss, decide, or receive information as a group on issues relating to the official business of that governing body.”); Minn. Stat. § 419.01, subd. 1. Memorandum Page 5 City staff so long as the Commission retains oversight over the process used in hiring, promoting, suspending, and terminating police department personnel.23 In Anderson v. Police Civil Serv. Comm’n,24 the Minnesota Supreme Court held that “a municipal police civil service commission . . . may delegate certain discretionary authority . . . [and that] such delegation is not illegal so long as [the commission] retains and exercises ultimate authority over the general selection process.”25 In Anderson, an unsuccessful applicant contended that the Willmar civil service commission impermissibly delegated its discretionary authority to non-commission members by appointing an interview board of persons familiar with law enforcement and city management to conduct and score the oral examinations.26 The unsuccessful applicant argued that it was “illegal for the commission to redelegate any of [its] power to an interview board by uncritically accepting the recommendation of the board.”27 The Court ultimately determined that although the commission delegated portions of the selection process, the delegation was permissible because the Commission (1) retained overall discretion to make the final selection; and (2) retained discretion to formulate the selection process. In so holding, the Court pointed out that while the Act states “that rules for employment-related examinations be made by the police commission, nowhere does the [Act] mandate explicitly that decisions under these rules be made by the commission itself.”28 Furthermore, the Court specifically noted that the Act “omits to explicitly state, or even imply that the commission must be the sole body to exercise individual decisions under [its] prescribed standards” of fitness and efficiency.29 Accordingly, there is no question that some level of delegation is contemplated by the Act and appropriate to achieve the purpose of the Act. The question of which responsibilities are permissible to delegate is less clear, but the various court cases and attorney general opinions available on the subject treat the matter as a factual question that is examined on a case-by-case basis and hinges on whether the Commission retained final oversight and control over the function.30 Some examples of delegable duties under Anderson include employment decisions made under existing civil service rules, decisions 23 Anderson, 414 N.W.2d 389. 24 Id. 25 Id. 26 Id. at 389–90. 27 Id. at 392. 28 Id. at 392–93. 29 Id. at 393. 30 See generally Anderson, 414 N.W.2d 389. Memorandum Page 6 regarding whether applicants have met the proscribed eligibility and fitness standards, administration of written examinations, and administration of oral interviews. The U.S. Supreme Court, in Wichita Railroad Company v. Public Utilities Commission, addressed a similar question related to delegation and concluded that a rule making body may delegate authority to an administrative body as long as the rule making body promulgates “a certain course of procedure and certain rules of decision” for the administrative body to function under.31 In other words, the rule making body must set up some standards or rules to guide the administrative agency’s actions, determination of facts and use of discretion. Under this precedent, the relevant legal question is whether the Commission, through its rules, has provided procedures to guide City staff in its actions, determination of facts and use of discretion with respect to police department employment matters. There are certain functions that the Commission may not delegate. For example, because the Commission must retain ultimate oversight over the selection process, the final certification of the list of eligible candidates and the approval of commission rules cannot be delegated.32 Notably, the Commission may not delegate its rule making authority because to do so would strip it of the ability to create a course of procedure and rules of decision.33 In summary, as long as the commission creates rules to guide the staff’s actions and use of discretion, retains overall discretion to make the final certification selection and retains discretion to formulate the selection process, most other commission duties may be delegated to staff or other third-party experts. C. Liability Concerns Related to Civil Service Commission Activities Having opted into the Act, the City faces some unique liability risks owing to the Commission’s involvement in and responsibility for employment matters within the police department. It is not uncommon for Minnesota cities to face legal action over civil service commission rules, conduct and decisions. 34 Some examples of topics over which civil service commissions and Cities have been sued include: 31 260 U.S. 48, 59 (1922). 32 See generally Anderson, 414 N.W.2d 389. 33 Id. at 394. 34 Andrew Wig, Minnesota Supreme Court Rules Against Richfield Police Promotion Process, SUN CURRENT, Jul. 1, 2015, available at https://www.hometownsource.com/sun_current/news/local/minnesota-supreme-court- rules-against-richfield-police-promotion-process/article_0acf0694-7368-50b7-bf93-d84b38f90ec7.html. Attached as Exhibit A. See also newspaper articles relating to 1957 Golden Valley Supreme Court case attached hereto as Exhibit B. Memorandum Page 7  Whether the oral examination process prescribed by a civil service commission was sufficiently competitive and objective.35  Whether a civil service commission’s certification of candidates was valid. 36  Whether a civil service commission placed the appropriate weight on seniority in the promotion process.37  Whether a civil service commission adequately considered personnel records in the promotion process.38  Whether an appeal of a civil service commission’s demotion of a police officer could be assigned to a three judge panel.39  Whether a civil service commission was required to consider the soldiers preference act in grading officers.40  Whether a civil service commission’s findings of a police officer’s misconduct or inefficiency could be set aside and the facts relevant to the misconduct tried before a jury.41  Whether a particular employee is subject to the commission’s jurisdiction.42 In addition to potential liability arising out of the actions, decision and procedures of the Commission, the City could face other liability arising from or related to the mere existence of the Commission, including, for example:  Liability related to the City’s decision not to require commissioners to have some subject matter expertise as a prerequisite to serving on the commission. Some cities mitigate this additional risk by requiring commissioners to have a background in human resources, law enforcement, or some other related field. Golden Valley has never imposed such a requirement. 35 State ex rel. Kos, 32 N.W.2d 281 (affirming district court’s invalidation of the Rochester civil service commission’s certification of a candidate for promotion because the oral examination process used did not employ an objective standard or measure). 36 Id. 37 Coudron v. Johnson, 288 N.W.2d 689 (Minn. 1979). 38 Peterson v. Richfield Civil Serv. Comm'n, 864 N.W.2d 340 (Minn. 2015) (holding that the commission violated Minn. Stat. § 419.06 by failing to consider records kept in regular course of civil service administration). 39 In re Appeal of Hasty, 302 N.W.2d 15 (Minn. 1981). 40 State ex rel. Jenkins v. Ernest, 268 N.W. 208 (Minn. 1936). 41 State ex rel. McGinnis, 91 N.W.2d. 154; Kunze v. Korolchuck, 349 N.W.2d. 337 (Minn. Ct. App. 1984). 42 Sellin v. City of Duluth, 80 N.W. 2d 67 (Minn. 1956). Memorandum Page 8  The potential for conflict between civil service commission rules and procedures with police union contracts and other employment contracts, policies and practices of the City.43  Liability for the statements and actions of commissioners as representatives of the City.44 As these examples illustrate, the existence of a civil service commission adds a layer of compliance complications to the police department’s employment decisions that do not exist for the City’s other departments. One recent example of liability arising from the police civil service commission involves the City of Richfield. In 2013, Richfield was involved in a lawsuit brought by five officers who alleged that the promotional hiring process discriminated against them based on age. The basis for their claims was that the Act requires promotions to be made based in part on an applicant’s “records of efficiency, character, conduct and seniority.” In the promotional process at issue, the Richfield civil service commission directed applicants not to submit written resumes or supporting documents. Instead, the applicants’ histories were discussed in the oral interview. The officers argued that the Commission failed to consider the required records because the term “records” refers to written documents. The Minnesota Court of Appeals disagreed, holding that verbal discussions were sufficient to meet the records requirements. In 2015, Minnesota Supreme Court heard the case and overturned the Court of Appeals and held that the Commission had violated the statute by failing to consider records “kept in the course of the administration of civil service.”45 The case lasted over two years, taking up significant staff time resources. In June, 2017, after extensive research on the subject, the Richfield City Council voted unanimously to disband its Civil Service Commission.46 The City of Richfield commissioned a promotional process improvement study to analyze the impact of the Civil Service Commission on the promotional process. The report concluded, among other things, that if the City did not abolish the Civil Service Commission, it could not participate in diversity-focused Officer hiring programs. The report is attached as Exhibit C. Golden Valley has also been sued over its Civil Service Commission’s actions. In State ex rel. McGinnis v. Police Civil Service Commission,47 the Minnesota Supreme Court considered whether the Golden Valley civil service commission had properly affirmed the Village’s decision to discharge the Police Chief. The trial court overturned the Commission’s decision and the Village appealed to the Supreme Court. The court did not fully resolve the case on 43 Minn. Stat. § 419.02 subd. 1. 44 See Exhibit C at 11. 45 Peterson v. Richfield Civ. Serv. Comm’n., 864 N.W.2d 340, 342 (Minn. 2015). 46 Miguel Otárola, Richfield Dissolves Police Civil Service Commission, WEST METRO BRIEFS, July 1, 2017. 47 91 N.W.2d 154 (Minn. 1958). Memorandum Page 9 appeal and although the outcome of the case was mostly in the Village’s favor, the appeal process persisted for over four years.48 Participation in such a lawsuit requires an investment of staff and commissioner time, uses the City’s legal resources, poses a risk of a financial judgment, and places ultimate control over City hiring and employment decisions with the court.49 Many cities rely on staff involvement in Commission activities to mitigate these liability risks. As previously discussed, such delegation is permitted under the Act, as long as the Commission retains discretion to make final certification decisions and formulate the selection process. III. Conclusion The purpose of the civil service commission is to promote fairness and transparency in police department hiring practices. At the core of the Commission’s duty is its responsibility for the creation of rules and processes that promote police department efficiency.50 The delegation of certain Commission responsibilities to the City Manager and staff furthers these goals by ensuring City resources are allocated efficiently, commission rules and procedures are followed and liability risks are mitigated. As long as the Commission retains overall discretion to make final certification decisions and retains discretion to formulate the selection process, delegation of Commission activities is permissible under the Act. 48 Id. 49 See, e.g., Kunze, 349 N.W.2d 337 (ordering the police department to pay wages and PERA contributions for the time period between when the police department member was wrongfully terminated and when he was reinstated); State ex rel. Jenkins v. Ernest, 268 N.W. 208, 209 (Minn. 1936) (holding that if a former police department member was dismissed “in violation of the civil service laws he will be restored to his former position”). 50 Minn. Stat. § 419.06. Exhibit A Minnesota Supreme Court rules against Richfield Police promotion process I Local News ... Page 1 of 3 https://www.hometownsource.com/sun_current/news/local/minnesota-supreme-court-rules-against- richfield-police-promotion-process/article_Oacf0694-7368-50b7-bf93-d84b38f90ec7 .html Minnesota Supreme Court rules against Richfield Police promotion process By Andrew Wig Jul 1, 2015 The Richfield Police Department's promotional process is under scrutiny following a Minnesota Supreme Court decision . The court ruled June 10 that a 2013 promotion process involving Officer Greg Peterson did not adequately consider his pertinent records . Peterson initially filed his case with the Minnesota Court of Appeals, claiming the Richfield Civil Service Commission failed to review "records of efficiency, character, conduct and seniority" when he was passed over for a detective promotion in 2013, according to a Minnesota Supreme Court opinion penned by Justice Alan Page. At issue was whether information disseminated during an oral interview constituted an adequate review of the "records." The posting for the open position in 2013 included the instructions, "Do not submit a resume or supporting documents," the Supreme Court opinion notes. The Richfield Civil Service Commission, which oversees the promotion and hiring process in the police department, is mandated by law to review those records, said Erik Hansen, Peterson's attorney. "The commission skipped that piece of it and just did a competitive examination," he asserted in a phone interview. In light of pending litigation, city officials are remaining mum on specifics regarding the Supreme Court's decision. "The city will not comment on pending litigation," Chief Jay Henthorne wrote in an email. https://www.hometownsource.com/sun _ current/news/local/minnesota-supreme-court-rules... 3/16 /2018 Minnesota Supreme Court rules against Richfi eld Police promotion process J Local News... Page 2 of 3 The court's decision means other promotions may be invalid as well, Hansen said, venturing, "I have to think that the people that are existing detectives don't properly have the job ." Following Peterson's petition regarding the 2013 promotion process, the Court of Appeals ruled, "nothing in the broad concept of records mandates a writing," according to Page's summary . But Page cites a previous Minnesota Supreme Court opinion -"State ex rel. Kos v. Adamson" -involving the Rochester Police Department. The court stated at that time, 'The records in question are required to be kept in the regular course of the administration of civil service. Information obtained or gathered for the occasion will not suffice. That sort of thing opens the door to personal favoritism and influence, which the law was designed to prevent." That statement guided the Supreme Court's decision on Peterson and Richfield, Page wrote. The Richfield Civil Service Commission violated the state statute "when it failed to consider records 'kept in the regular course of the administration of civil service.' ... We therefore reverse the court of appeals and remand to the Richfield Police and Fire Civil Service Commission.'' The commission addressed the candidate roster in question during its regular June 23 meeting . "The Court remanded the Peterson matter to the Commission directing that the Commission conduct a review of the candidates' personnel files pertaining to efficiency, character, conduct, and seniority," it says in a written statement from the Richfield City Manager's Office. The original four-person interview panel that evaluated Peterson and other candidates in 2013 conducted the review, according to the statement. "Based on the results of the review of the candidates' records, the Commission ratified the promot ional list in the same order as the 2013 list," the statement reads. https ://www.hometownsource.com/sun _ current/news/local/minne sota-supreme-court -rules ... 3/16 /2018 Minnesota Supreme Court rules against Richfield Police promotion process I Local News... Page 3 of 3 Peterson, who placed fourth out of five candidates on that list, is no stranger to legal action against the city. He was awarded $12,000 in a lawsuit in 2013 after he claimed age discrimination in his removal from the department's Special Investigations Unit. Then, last year, he filed another suit claiming he was the victim of discrimination following that judgment. A judge dismissed Peterson from the lawsuit, along with three other officers who also claimed age discrimination. The same lawsuit went to trial with a fifth claimant, Officer Jeff Hatzenbeller still attached. After going to trial, the city of Richfield won that suit in March . Contact Andrew Wig at andrew.wig@ecm-inc.com or follow him on Twitter @RISunCurrent. https://www.hometownsource.com/sun _ current/news/local/minnesota-supreme-court-rules ... 3/16/2018 Exhibit B Exhibit C CITY OP RICHFIELD POUCH DEPARTMENT Promotional Proce.a Improvement and Di.verse Recruitment Study & R.ecommendations 1-Scape &. Objecdvc ol RPD Pmmodooid Procaa Improvement&. Diverse R.eatdtment Study and Summaty of Key lt~tions A. ~ and Ob~ In Mardt 2017, ~· Gty of Richf,efd c:ommissi<med a promotional ptOCffl improvement study to tn'iew·and ·analyze the ·Clty of Richfield Police Oeputment's ,,u>Dj cuuent promotion..! ptoc.ess. The study-was con4ucted by undersigned Attomey&Qmsukattt ~ Soldo of ~o Con5u~ P.C The purpose of the fflJdywu w tbotougblymmine the RPDis pmmotioml ~ and identify strategic ~ improvement cbinp t0 molve known ~. potentialpnxess ·weaknesses mat• have been· succeufutlychdmged and idmtifyways for me RPO to enpge in·divene m:rwtrrlfflt effo«1$:.· · . B~ SJ1Dlffl111oi Kq&GOmmenda1iom: 'IM fotJowing Promotional procw improvffltfflt and divmity ~c recommendations an: ~ further in Section rv of this report: 11Page t. Loommcndatioa I l: It is recommended dw the City Council abolish the Richfield Pob Ovit Service OJmmissioo either by refaendum or unanimom vote of the City ~cil pum.mlt tp Minn. Sw. S 419J.6, Abolition of O>Rln'liss.ion~ a. The. function served by Civil Service OJmmissiom generally_ and the Richfield Qvil Senrice Cmnmission $pCCifta.ily, has diminished and is largely carried out by Clty subje<;t mauerexpens. b.. The Conuni1mon limits the R.PD't efforts to Mamt of A diverse wodt~ ··u the Commis,ion is 1lQl abotisW the Gtycannot participate in divmity-focused Offar hiring progniaw The CltyQm'endy bas in place, :m RPO Police MulticultuJtl Adrisoty Commh:tee ('PMACj tMt: fosters community involvemmL PMAC ~n represent diverse cmtumi ethnic, proftssiom~ educational, ero. backgtounds~ The·PMAC adwa the ·RPD on. how to better serve,. commurucate with; and. undmtand me commt.miry. The PMA.Cmeets momhly'With Police pel1Cll1Del to discuss .topics that are· important to their communities. . c. Successful implementation of smuegk procm improvemenc recommendations idmti6ed during d:m sndywiD require the overhaul of Cmmnission Ru1et and Replatiom and by changes ~ respeet to appointmentand training of cumm and. future Commission members. Sel Report: Section IV -Discussion of Key Process Improvement Recommendauom. IL ~ City of RichSeld Police Department's Ptomodoa.al Proccn A. For more than 70 }hl'S, the RPO's ptomotional ~s ha$ .. btta govemed by a Poke Civil~ ~siofl {"Commmion").~. Cotmnimon Rules and kplations p~ted bythe Richfield Gty~it A.201~ League of.1'1inne&Ota~·srudy identified only 22 of 880 Minnesoa attCS that Olntfflue·to utilize a.aw. Service ~ion form of governance for Police, F~ EMS and/ orall<ltyc~~ ()f that numberll the Gty of Richfield is one of only 17 atia utilizing a Polite· Ovil Serv~ c.ommiam .Sec Exhibit 2: Riddield Police.&: FiR Qd Service Commission .Rules and~ Public Safety/Poke Division (Lvei Match 2016). ~ U9 Exlwit 6! . Synopsis of League of Minnesou atia 2015 PoD Lprding ~ Ovit Services Cmnmissiotl.$~ · B.. lheCity of ltkhfiekl's Police ava .Service Omnnmion f"Comnussiort") was aeated pun~t w '.Minnesota StatuW 0tapter.4194 • Exhibit I: Minnesota SuwteS (],apter 419-Police, <lvil Semce ~iomf. Byswuie. the C.Ommission has "ab$olute conuol. and supervision over the employmen~ ~ disdiarge,.attd St1$peUton of al officm mi employees of the potice dcputment" ti defined by ~ion Rules ·and. Rtguhtiom. The Comuussion "may not pttscribe any midency ~m for the pomiom under m control unlc" approv«l by the city council» Sa Exlnl,it 1 & § 419.05 rt)uties· of c.omn.sionj. C. Pursuant to.~ Stat § 419.02, the Ctmmmsion .. is. a three+peaon·goveming body appointed bythe GyCouncil who are~ ohhe State, IUidmts of the Otyj appointed for~ to ~)tar tenm· aJ1d hold their office until their succmolS a~ appointed md qualifie,t l'1eitbcr Mum .. s~ .§419 nor the Commission .Rules and ~ require that C.Ommission fflffllben ~slollet$j baveanyrelevant human .mouices, labor relations. or other experience ~ t0 canyout c.ormmuion duties, le~ "the reauitmen~ c:wnhwioo, klectioot hiring,~ SUSPffl$Ktllt ckmotion and msdw:ge ofemployea covered by the· Rule$." ~ ~it 2: Riddield Police & f!in: Gvil Service G,mmmion lulti and P.egulatkim, Public Safety/Police Division (Revised Mm:b 2016) a Section II: Scope (pJ} D~ Hkt0rictlly and. currendy, the Omunmion performs ~ primary duties: .1) ·nie C-ommiuion approves the p~ hiring process moo~ by the RPrY, hiring am.hority-the Public SafetyDi~/Poiice Ouef; and 2) The <lnnmwion certifies th~ promotional eligibility mt following completion ohhe promotional testing and intetritw protffl. The ~sion is; aho responsible for hearing tennitution •ppe#IJ. a ask. the Comnlismon bl, not performed since• the 199<rs .due to union. ~onma: grievance procedures providing for the atbiuacion of termimttion matters. Be~ approving the p~ process and certifying the anuhing pmmotion dgibility&t, other ();nmninion dudes identified in O.,.mm1'5ioo_ Rules and .Bqulatiom (Re~ examination, seleaion, hiring. smpension and demotion) can be and have been delegated by the Cmmnission to othtr Oty personnel E. ln ·anc1 prior to 2012, RPD successfully knpitmented a f~phue hiring and promotional processes~ In 201Z for the rwons discussed further below,. the RPO changed the four.,.pha$e .promodooal process to a ~phase proca1. The new~ 'WIS ·U$edfor a Sergeant Promoriooal plUCCH in 2012, and. a Detective: promodo~ ~ in 2013.. In 2014., tbtte Detective candidata fiJed a lav.,suit against the .. Oty alleging age discrimination in the pmmooonal hiring process. ~t litigation led w p~ .~ in RPD's piomodotw hiring p~ for Sergeant and Lieutenant petitions filled in 2014; 2015 and 2016~ Sm Report: Section m -Disctnsioo of the R.PD1s 'Prom.otion..i ~. l. be 1: Written background and experience m~mem scored byPDI and comprising 20 to 25 percent of an ,pptbnts total score; :'t be 2: Written te$t sco.td by PDI and, comprising 20 to 25 percent of an ~s totAI score; J. Phag l: · Oral interview (comprising 2$ to 30 percent of the total seo1e) with a three-- person inwview panel that included one RPD conttnand mdf member and tw0 command staff members• from odter·pob departmettu; and 4:,. PbMc 4: -~Promoability' index (comprising 25 percent of an appliamt's totll score)~ ·which nnhd.candidata using. metrics such u integrity, professionalism, and ii\Ork. pnxluct hued on input from superviiors. a In 2010, RPD .learned that prior Sergeant candidata sham! Sergeam promonc,ml eligi,i&ty oral interview questions 'Mth other candidatcst C.Onsequendy, the RPD· bad to change .. it; testing procedure~ 1. At the recormnendatioo ~ PDI consubnui ~ RPO ,~ us~ the ~·~· testing process and ~ ~. Smndard.& .hsocJaces (a rwional testmg semcc) m de,,elop and administer new promotioml examinations~ Omer procedural changes ltPD implemented tOOk intO consideration candidate feedbackthat RPD's four-- phase promotional pttUSS 'W'U. too time co~g and an1UOU$~ 4(Paffe 2.. In 2012, the new promotional pro~ the RPD implemented for Detecuves, Sergeants and Lieutenants had rwot versus foor* phases: a~ Pb,s h a -written test comprising 40 pen:ent of sn appkant's total score, evaluated by Standard ·&As,ocia-; and. b. fbaa.2: an era! interview ~ruing 60 petce!'t of me score. The oral mtenvwpand. U1C1udedOtyHR.staff, the AssastantOryManagerand RPD command ,1w£. Chmmand suff nu:mhen from gutside police departments did not participate in tht pn)Ct$$. 3. ·11,c Ory discontinued the bacigrowld and experience (fonner Plwe 1) and ''ptomotahimft-ind.a (former Plme-4) __ portiom-of d,e R.PD;s. promotional proecss andaltocatcd the majority of the possible tow poinu. to the oral ~tion during which candida~ had the opportunity to omllypment their~ skills, experience and qualificatioM· for promotion. 4. The Otymed the new RPD !am procedure ro fill a Sergeartt position in 2012 and a Deieaive position in 2013. _ Sn E:chibit.4C 2012 Sergeant Testing Pnxess md &him 4D: 2013 ~ Testing PRX1Ss·Bau1ting in liiption .. S. [n 2013, the Q;yv.ti involved in a District C.Omt la.uit with initialyfm officers~ 11vee of tbt,se· officers ~ie pan of the suit based, on the 2013 Detective -_-_--I_ . __ ... T&....u_·-__ a1t...-._--_ ·d-· .-:;.i._ ........ ........_.;,." ... J 1..:-,... ____ -. -. -sdisa:iminattd ~-process .,.,.,_J ~~ .. \IE yivn..,.~....., 4-J#_.,.,~ pn:;,ces against. them on the buis of age~ a. (hmmission Rules and~ provide mat promotions ''mmt be bL~ upon coqxtitivc examination and upon reconfs C>f efficiency..chan.aer, a.,nduct md seniority." Sn. Eduoit 2 ii Section XIU "' Promotions, para,, b (p.15). b~ The lkipffl Off~n ~ged,--_ ._m_-_-__ -___ relevant_-· ---. par; _that~ the City's ~tion_-of th~ baciground and expenence<and ·~promo1ability1 index phases of the p~I _pmcas· µnfaidyprceluded c<>midemoon of their experience and bisu,ryof positive 'Mlrk experience. Le~-the Promotional process did not talc£ their seniority in.to account thereby resulting in disparate impa.o based on ap. e-The Qiyugoed, among other~ that all promotional candidaw-had an opportunity during t1ieir onl interview to vetballypresent their record of c•dfiaencyi dwactet, conduct ttnd seniority,» including Jmrocy of positive 'WQrk experience. d~ ~ litiption lead to some Ory liability and ~0011 guidance Ulat the candidate's vetbal. presentation during their oral interview of their ••recom of dF1eieneyJ charaaer~ conduct and senioritr • m suffiGient. The andia.uts ~ted.-reeotd must be considered. 6~ In 2014:, dlC Gtychanged the~ promotional p~ to inc~ the in~mcw ~ 11 eview and consideration of candidate pmonnel file records~ ~ Exhibit 4D: 2013 ~ave Testing Process hsulting in Litigation;. SK Exhi>it 4E: 2014 Lieutenant Testing Process; ~ Exhibit 4F: 2015 Seigeant Testing Process illd . . Exboit 4G: ·2016 Sergeant Testing Process. S=·a.a Exbbit S: Litiption hcorcb-. 1 ~ In March 2017, the Qty commissioned the study discussed herein m fully and thoroughly examine RPD;s prom.otimw process ttd identify stntegie process improvement changes to molve lmo'Wft and porem:ial p~ wealtt1es&es that have been soo:eufuDy challenged and idemify waJS for the RPD tO engage in divene recruitment d'fom .. 8. The RPD,s curmtt Contminion..appmv«l p~ process, which is govtmtd byC:hmmission Ruks and Regu)at.100$, inc~ the following eight (8) bysteps: a. Ssqu: ·1ne C.Otnml$$ion ~roves the promotional process recommended by me hiring authority. l1ie Commmion performs mis wk. ~ ~ TbeRPDadvenisesfor~levelOfficer~ TheRPOposts intemallyand receives memoranda of interest for vacancies for the ranb of ~. Detective, l.icutenmt and Depm:yChief. The •k is not perfonncd by the Cbmmission; it bas been delcptcd and by the Ommlission to other Citystaf[ , e., Stqtl: 1he RPO idemifa eligible ca~, ie~ applicants/ candidates who meec··efflbmhed minimum qualific:atiom~ The mk is not pedorrned by the Commission; it hu b«n delegated byme Comtnission to omer Citysuf[ d. ~· The RPD offtts and·~ intemally, a volunmryptmmtioml examination orientation; . . The wk is not performed bythe Cmnmi.uion; it bu been deicpted bythe Commission to other Otystaff. e.. SJqu: The RPO ronducrs a multi-phase promotional examination and cttateS a promotional list (referred t0 in O>mmission tu1es. as deligible Rpterj. The task ii not perfonned by the Commission; it bu been delega~ byme Oxnmission to other Otystaff. From time,.to,.time, as provided by Commission Rules and Re.gulatiom,. a C.Ommissiooer may obs~rvc the tffling procas .. f,. Su ft RPO staff ubulate composite tandmte written examination and oral interview' score, after expiration of the established examinati<m appeal period. The mk is not petforrned·by the· CnmnlUsion; it bas been delegated bydre Commission to ·other·Otymft g. 5tlitl: The O>miniuion certifies the promotk>nal list C'eligible register'')~ The Commission performs dtis mk. b.,. ~· The promotional eligibility list is sent tO the ~.authority (the ~ of Public.Safety/Police Ouei) '1ilh:>· makes final hiring decision. The hiring authority pedorms.·tlm mk .~· Exhibit 4E: 2014 lieutcnant Testing Pl(JCt.Ss; Exiiibit 4F1 201S Sergeant Testing .~ &WJ. Exmoit 4G: 201, Seigam Testing Process. IV. Discustion of kt:)t Ptoc.ae lmptovem.eat ltecommendatiou Bu«l Oil I tbotougb review· of RPO~, prior· and current promotional procma and (X)D.1~tion of we· factoB that. Jed to promotional process challenges and City liability; the following promotional pt'OeflS improvetnem ·clwiges are recommended: A ~tion # J: It is recommended that the Ot.yOxmci! abolish the Richfield .Police uvil Service Commission either by metmdumorumnimous voie of the Qty Council punumt m Minn. Stat § 419.16, Abolition of Oamission .. ~ swme provides in releum pan: ··A police dvil service· convnission ~ under dis chapter .maybe abo&hed •·follows: ... (2) by•~ vote of the city coundl" Su Exmbic 1: Mmnesoa. StaiuteS Otaprer 419 -Police Ovil Service C.Omttmsiom. L Mcmalc: The· funaion served byQvil Service CL.tmnissiom genmdly, and the Richfield Police aw Service Commission specifia.ll)'i bu diminished md is luply carried out byOtys~jea matter expert$;. . a. In the ·1930'.··wben me Public Employee La.bor Relations kt f'?ELRA'J. ·wu implemented, the Ovit Service Oxnmission fonn·of governance and oversight -..u instituted.. The objeetive· was m·separam remmtneflt, hiring and firing from Council and local politics+ Wm the h1ting of City managen/ administnton, human resources pmfessionu, labor attorneys and tmioni:mtion, them is no pnctical need for a uvil Service Commission comprised of comrnmtity member volunteers for 'Whom there are no esubliihed minimum qualificat.iom to carry out Oxmniuion-delegated duties set forth in often antiquated Commission rules and mgulatiom,. In pmaice,: hiring authorities,, in CQmuhation w~ Oty Adminismtors/MamgetS, human•~· personnel md.Oty lep1 counse~ employmategic and .sound hiring pm:tffl+ G~ p~~ U?•wuon labor conmcu ensure procedural ovenight of the disclp&.e and temumuon process. b. lhe Otyot Richftdd is one of seventeen (out of 880) Minnesota cities still Utilizing a Police Gvil Service Omunission fonn of governance~ Most recently, m2014,·the OtyofGrand Rapid$ abolished its Ovil Service Gxnmiaion dtrough a unanimous Vote of the Grand Rapids at,Council a$ provided for by Minn. Stat. S 419.16.. Grand Bapidsi like other cities, determined that OmlmissioP mies and Rplatiom hindered rather than benefttted the ptOmOtional.·. hiring proceu_and pre.·• c~ for·~. teamm···d··· iicussed further below~.police depamnem diveaq r«nutmem effnm~ ~ .. httvJ /W9.'\lf~gmndr.t~com/ news/ gr~iJ..voteS-to-abois~ ~sion/ article_6afd6b80.SSf9..t Je4-8797~276453d-49ct9lmnt c.. The Richf1eld Police Gvil Service Commission is, bystamte, comprised of three commmitymemben appoim«I by•me Ory~ -whose. Ummission appoimmellf/ membeabip u not contingent upon their human resources and latior· reJmom aperience and apettise arguably required many out the key ·~ ~ selection,·hiring, pmmotior~ ~i(&.demt,uon. and dire~ duta with. which the Cmnmimon • tulfcct Consequently~ in puaice, the· Commission has delegated to Oty hiring authorities (the Dnaor of Publie Safety/Police Olief, in cons\lbtion \VUl1 HI.and .aty•Jtgal counsel ('subject matter expem11'))1 most of the C.ornmiuion duties idemifted in cunent r-.-.. :......... .· .9 ... nk.t.~ .. -.. and 'D.-. ..t ....... :-..,. • ·.. ·""'· .. ¥:L-n...L1::_ Safi . Direct .. ··.•· .· . . or,1Pofice. . r,_ .. · .. =·.·:.... ·.·.£ .. •. in "-'ANUJJ~IOO ~ . . . ,.l.~~g, .Ult: ·~ .. ety . . I '1..,im:1,s consultation ,rim Clty subjea matt« expemt is iapomib)e for handling RPD lfflUiunent, hiring and promotions:+ <L Hinomllyand cwmidy, the ··adMJ role of me licbfield Polk.e Clvil Service c.ommiuion is narrowly limited to performing nm functions: t) approving the RPO biting and promotiooa.1.~.es ~by~~ a~ the Omf/Pub& Safety Director; and 2) lppt'O\fing/ certifying me list of eJipole candidates the biting authority f)mtlU$ tO ffle O:trnmi1sion anhe concJusttm of die approved hiring/ promotion process~ While me Commission is also ·dwged with bearing tcnnination appeals, it has n0t pedormed that funttion tinee the· . 199CY1 (more than twenty :,am ago). The Coo.unmion•s de widi repttl to imnimoon appeals bas been lugely ieplsced by die Cityt, negoated labor con~ grievance procedure.s with election of nmeclies ·p~idons allowing Officea. Detectives, Sergeants and lieutenants to follow the .grievance process through atbimtOOQ or, in the alternative, to retJUe$t a hearing before the Commission. SB. E:xhi)it 3: Richfield Police Department C.Ollective Bargaining Agreements (Offacen and De~OVC$ 8t Police SupcmsQrS)~ e. RichfrelclPolicc avil Service Cmmnission ·Rules and ·Regulauom· are antiquated and require signifian~ versm piecemeal, upduing. • Some bytenninologyis outdated, e~g.,. the prornotiona.l &tis ·referred to u "eligible. registce and job descriptions -.re referred to u -~~tion of position(s)"? . • Processes mentioned regmling ·job .pooinp, iolicitation of Offieer letters· of inceiat, submiuion of 2Pplieation1 and the C~ioo's aauat. iole hi.~ prornotional process are ineomistent with current pmctica, -which have changed due to advancft in teehnology and Cl->rnmission delegation of dmia to lU>O command staff. 2. Balimak: If the C:Ommission is nm abolished, me Clty cannot pmieipate in divmitr,focustd Offwer hiring progmns. a... Alguablytbe ~ ifflporrant·reuoo for the CltyCouncil to abo&h the .· Commission is that Minnesota Statutes Cnapttr 419 and Gmnnmion ~s·and Regufatiom p~ ~. RP]) from participating in dive~focused Officer hiring programs. Thus, the Qnnmission u:. a. barrier to. the RPD~,.1ffl'Uiunent of a divene ~orce-- • An Aprils, 2017 ~41tthomd byOty AnomcyMuyTieqtn dis~ses the zas0f1$ Commission ma and regulations do .mx allow RPO, like lawenloreement ~ that® n0t have a Ovit Service Cmnrnission, t0 pmicipate in me succmful Sdlutban I.aw Ent~ Tr;ining Acadefllf~TAj~ Ss;Exhi>it8: 04 .. 08.t7Memonmdumfnxn0ty AttomeyMaryT~jen t0 Ory Manager Steve Devich and DRa01' of Public Safety/Police 0-f Jay:Ei!ndiome Re: Suburban Law Enforcement Training Program • The pwpme of SI.ETJ\ is t<:> divenify me mib.of suburban~ depanroom and more closely align depamnents to· the·conmunitia they serve.. Participating law mforce~ age11eies 1 join together to cooperatively hire non.traditional candidaies a! future Police Offacers. • Participating agencies -an. up-front conditional job offer ma Trainee, v;bo· then must ~tfuDycoq,lete ~ouqework and pas the• licensing erun and the imct\ricw p~. Trainee$ ~ complete the requirements antomatblly become digl'hle for• "promotion., to dx posit:ioo of Police Offteer~ • Oamm.· ~ip~:::i;.~.•. · · · .... a) City B~.·.b) O.tyof ~ c) OtyoUt. Louis Pane; dJ atyof ~; e){kj of ..... · .··.· • ~ 4) me Afem;ipolian Air:pom Commission. IIPage • Ricltf~ld Police ava Service ~ion rules and regulations do not.allow the RPD m paniclpm in SI.ETA Commission rules md regulations are based on requimnents in Minn. Stat. § 419.06, "1hich mandate a 0,rmnis:sion to adopt rules that include publie advertisemeng and competitive examinatiom for RPD pooitiom1 including promotional positiom .. A conditional job offer may not be extended t0 a andidate untl·afmr the examination and «ttif1tation proa.'S$~ ldinnesota Statutes S 419 does not authorize a Commission t0 adopt mies thu ·wt>Uld provide for excepdons m tba1 process or suspend a. ndes in .Cfflain clreumsances~ O:tmequendy* Commission Nla prcdude· the RPD from participating in the .sLETA and employ other diversity-focused hiring practices that do not comport -with existing O>mmitsion ndes. and regulatiom. • The business case for the City~• e~ii<m nd reform of RPO'$· recroitmeni, selection and .promodonal proces~ unconstrained by Cornmtflion ·Rules and Lguktiom. if found in A jmtmy 2015 "0tvct,ity m ·I.aw Enf~t li~tme llc:vicwn.. The te'riew· U'U jointly conducted and published by the: US. Depamn,mt of Justice Ovi Rights ~ .Depanmem of Justice Pmgmm and dlC: Equal Oppommity and Employment Commission. The ieview report~ iD televant put J~[W'mkfou:eJ (d]ivmitycan be a crucial element in establishing and expanding uust.~n law enforcement and. the community:; Workforee divmitytnay aJso. have positive effem ·on law enfmcemem igcncies; ·~. them Jen .insular and.~ ~eqxive to~.,.·· .. · .... •• l In. add~ the offtccrs ~. ·.m .. hired.· . often rnp tremendous beneftts that irwre to their fatnilies and cotmnu.nita ... tlt[l]hcre ate concrete steps law enforcement a~ ·can Qke that will result in· greater divmityamong their·petsonneL By examining · • when necessary, refonning reauitment, selection, and mining effons) Jawenforcemel'lr: agencies an attract and main highly qualifted world~ dm better re£lea the~. they &eNe!' «Traditional measures for hiring and mining police offteffl and other law enfoiament pmonnel not only have adverse impact on diversity. but also serve to undcmune.· the ability to attnlct the most qualified and effective individuals for important public safety jobs~ By id.entifying the (iC'tOIS and skills dw: are critical to effective law mfmt:ement, poict depanmcnu and·ocher agenciet can design 10IPage pmccdut6. that will attt.ct · individuals that an: both highly qualif ttd and divme .. •• .SK Exhibit 9: Divfflnty in Lnt Enforcement: A Liteiatute Review"',. Published Januaty 2015 by the US. Deputtncnt o{Justice and die US .. Equal Employment Oppommity~ion~ • The Oty cumntly has in place, an RPO Police.Multieult.u.tal Advi.1ory Committee f PMAC'j that fosten COillIIlWuty m'v(>lvetntttt The role of w AdvisoryComminee showd resolve concerns that dissolution of ·the. C:Ommission fomelosu any opportunity £or citi7.m/oommuniry involvement. • The PMAC is a 10-t0 ti-memberc~memberadvisoryboatd. PMAC members repment diveae .cultura\ ·edmic:t prof a~ educationat cte~ bae~. The PMAC advises the RPO·~· how to hetter serve, cornmumtate\\ffll, and undmwvJ the~+ The PMAC meea monrhly with Police penonnel to discuss topics that &re· important to their cominunities .. • The primuyrole of PMAc·metmen is to highlight e~~ and "WO!k~and coD.aborativelywirh me community and RPO m address those concems. PMAC members also co-organizes many communiq, engagement initiatives and fittM>tk and engage with neighbors, ~tkffl, s~, c~u and adten to learn bowPMACcan improve police commwuty J:Clatiom,, Sa Police Multiadtur.u Advisoiy~ 11 http:/ lwww.cit)nfrichfaeld..otgl depmmenu/pubio-afety/joim .. ~police-parm.emup/~ ~a.dvs~. (lutvi1itedMay21,201i) c. Rationak ~.· ·!ul ~Jeme~ _of smregic. · .. : proces .. 4 ·. s improvement ft(Oiluntndadons identifted dunng dm mxlywill require ·me ovethaul of t':ommiuion Rtoo and Regtdations and ~Y.~ ·with ~spect t0 ~tmem: and naming of ouncnt and futute Commission metnben~ • If the Police Ovil Service Commission is not abolished fort.be t'eQ·om· discussed further above, the complete overhaul of ~ion tu1cs must be completed .. Akhougb painstaking and time com~·tbis· usk i$ essential to m:onciJe ambiguities in Commistion mies .and. act.Ual. hiring and p~I practices that create potential City liability. • lhl~ l\llice··· .. O ..... ~v.il·Seni. ···ice··· ...... Oxnmis ...... · .... · .... · ... sm w nota. bolished, it.i$ impemti,~that· the CltyO:>uncil establish and enforce minimum qualifacatiom for Cotnmissioner app<>immenQ; and mandate and provKle· Commissioner ~ .. Historically. the ·City of Rkh6etd't Comm.aion, lib: omer Ovil Serva Comm1Uiom, is compmed of COll1t11UDity memben ·vilo express an interest in volunteering to serve on die· Gmtminion or are recruited ,nd agree t0 serve~ Minnesota Statutes Otaptet 419 does not require a Oc:y Council Ult or preclude a GtyCoundl from, establishing mmitnum quali&atiom and experience Standards .for C.Ommis,iQn .• members; c*g.• tKruitment, human resources and/or labor mbtiom uaming and expe~ etc.. Similarly; the sww:e does oot ~quire a Chuncil to, or preclude a O>uncil tton'lt estabmhmg Commission behavioral RanWlfflSs • Qlrrem: Commission rules and zegulations:· a) do no identify any min~ qualmations for C:Ommission memben~ an([· b) do not requise· taS;K-$.J*ifie am. fiduciary and professional mponsibilityuainiog for O>mnmsion members" or esulilisb or reference any code of ·conduct or other nilti governing C.Ommiuion member conduct Recmt Oty liab•lity is ~' in pa~ to the claims of a single G.,mmis,ion member that the Comrnissioo approved .promooonal piucess was ~riminamyand the te$Ulting Chmmis$ion cettifted pmmotional eligibilq list was invalid. • It is mcomm.ended that. the City<:ouacil implement md enfo«c a OviJ Serv~ Commissioner Olde of~ It is also RC011UDended that die OtyCbuncit mandate and conduct annual c.omm.ion dut.¥:specific mining, including training reptding: a) Commmion«.~ b) ·O>mmissiooer fiduciarymspomibility; c) O>mmissiom:r ethla and. confb of incerm; d) data Pffi'aCY requin!mems. and e) recruitment. examination, selection. hiringi promotion. suspension. demotion and d.isdmge,. B. 1¥9J!DTDDlation f 2: It i, ·~ dm the Oty conm.a with a professional consultit,g firm to manage .the RPO~ hiring pnxas from $Wt ro fJQb or implement me. recommended changes to the cuncnt pnxas idemified during this$~ 111Page 1 In the. altcmarive,if RPD continues to intemallymanage the hiring.and p~ pmccm, it is: tecon:mendtd that RPD implement die promotiona.l process improvement changes ident.ified during this studi IV-Eddhits A. Exlubit 1: Minnesota Stawtel <lupter 419 -Police GYrt Service c.omrnissions lt Exlmit 2: RichfaeldPolice &Fire Ovil Service Commission Rub and&g~. Public Safety/Police Division (Revised March 2016) C Exhibit l: Richfield Police Department Collective Bargaining AgreenEnts (Officm and ~ &Police Supe1VBOO) 0 .. Hxlmit 4: Riddield Po.lice Department Testing Processes Employed During the Peri<>d 2009-2,016 & Eduoit 5: 1 qition kor& R ~· 6: .•. SJDOf'~of League of Minnesoca Gies 2015 PoU.Regatding Mmnflota CM1 Serva1 G:mJmi.u10n5 G,, Exhibit 7;. Pc,Q Jepding Neighboring Police .0tpanmem Testing Processes H Exhibit 8:. OfJltU.7 Memorandum fmm City Attorney MuyTICqen t0 City~rSteve Devich md ~ of Public Safety/Polict Oiief Jayffemhome Re: Submban law Emorc~T~Progmm J~ Exmoit 91·· "Div~ty in Law Eufotrdnmc A Li~ Review'. Puhlishcd.Jmuuy 2015 by the US. l>eputment of Justice and the US. Equal Etnployment Oppommity CDmmission 121Page ~lie M Soldo, <:omultant SOLDO CONSULTING~ P.C. Telephone {6S t.) ~S..3748 Email: rnsoldo@soldocomuking.com [REMAINDEROFTHE PAGE LEFTBLANK] DIVERSITY IN LAW ENFORCEMENT: A LITERATURE REVIEW lJ.S~ Department of Justice Civil Ri2hts Dhrision ....., Oft1ce of Justice Programs ll.S* Equal Employment Opportunity Cotrunisslon 'Re~enteveul$ have placed n spotlight oo. tbe lack of divc1'S,ity \vitbin ix•Uce deparun~nt.~ and other law enforcement agencies ac,ross the nation. After this past summer's events in fterguson, Missouri.· many news organizations focused 011 the racial demographics of the Ferguson Police Depm1n:1ent I Although approximately m•o .. thfrds of Fcr~•usoo~ Mis..~111ri ls re,1dents are Africun A.merican\ <mly tbree of the town~s fi:fty..:thre~ c<1m.misskmed police officers are Atrk'"all American. ii Ferguson is far from alone in this re{fd.rd; there arc poi ice depanments in everyc,)rnet of the United States where there are severe mis.rnatches between tile racial composition. of the police force and the demographics of the community at large. 111 The Department of Justice ~s Civil Rights Division (CRT) and Office of Justice Progrmus (OJP) have joined with the Equa 1. EmploYfnent Opportunity CnmmisNi<)O (EEOC) to respe.~rfuUy submit the attached literature review. It has been our coHecti ve cxpeliencc that any consideration of policing effectiveness is incomplete ·w·ilhout attention. to ""ho our poliec officers are; as weU as whether the police force retlects the community that its o.fficers are S'W'Om to serve. fr Although workforce diversity alone ma},; not resolve all is.iues teiated to the fairness and effoctiveaicss •1f policing~" achie\'ing diver~ity in law enforcement agendes can increa..\e trust between those agencies and dre communiti.cs they serve.n That basic trust can be an essential part of defusing te11sior1~ investigating and solving crime~ and creating a system·\\itiere ·citizens believe· tha.t they can rely on their police departments and receive faiT trc,.atmcnt Indeed, Yictims and witnes..~s of crinJJC may not approach or engage with law enforcen1t.1u officials ff d1cy d•:t not perceive them to be· responsive to their experiences· an.d concerns. A tiivcrse 1>olice department is also less likely to be :insular1) and therefore can be more receptive t(l change~ Moreover,, a commitn1ent to diversity iu hiring and promotion opens enicial public sector jobs to all Americans and hc111s ensure equal cmplo)mcnt opportunity in public safety jobs. These jobs are the backbone of a conununhy: they offer it)ttg'"'ttnn tmd rewarding careen;; bring famm~ into d1e middle class; and create investment in the community, al I of which have a significant pt-.shivc impact on Uuu community~s sc:h-0ols and htJusing and, indccd1' in aU<itbcr aspects of the American dream .. Lack of diversity in police departments directly implicates some. of <mr nation's most funtiflmem;al civil right, la"!.vs and protections."" Title VU t1f the Civil Right.-; Acl of 1964 (Title \in), vid which ts enforced bylmth the EEOC and CRT, pt'ohibits e111ployn1ent discnmillationon the b\,;i, of race~ sex, ct1h;,r., religj(,n~ and national origin. Tide VU prohibit-; intentfomd disc·riminatititr-for exaJrq1lc, \vhcrc a job aJ1plicant~ despite being qual ificd for the position~ is m.)(. hin.-d because (1f race, sex, ,.1r anothct prot.ected charac,teristic. Unfortunately, intetniomd employment discritnination still remains a subsrantia) ban·icr in the law entbrcement context 'For cxampl~, two years agt1 CRTs Employment Utigatic,-1n Section brought a case,, which wi~ reforrcd from the EEOC, on behalf of a woman serving as a sergeant at a small police de,pa:rtment who had been passed over to be assigned shift commander in favor of a 1na.n with lc.ss expc1·ien~}i Tilii, vk:ti,u was the only wc,unan who ,v1,rked al the po.Hee department; an fact~ twcnty,.,.t.hrcc years earl icr she had to bring a lawsuit just to obtain a position wii.h the department In the most rectmt ca,~ . ., the ~ergeant filed another discrimination diargc in ordc;r tt:1 receive equal treatment As a result of CRT's involvement in the case;,: .she obtained the promotion to shift comman,rer she dese1,red. T•de VU ,tso·probibits the use of neutral select.ion practices that fall more heavily on one group.unless those pra{.1iccs have been shown to be job related and consistent with business t)l;--CC&"lity; The Di;,.l)a11,1nem or Jus.dcc, 1.bc EEOC~ and private plainttffs have a long histt;,ry of su<:ces.sfuUy challenging fi.1daJ ly neutral job screening devices-such as height requirements. written tests? or ph;1skal tes.ts,, ,,that have an adverse impact on protected groups and are not job related or consistent with business necessity. For example,,. CRT successfully sued a state regiu'ding its written examirudiott tl1r police sergeants; a.s a result,. some of the &tuai I: c:(,mruuoities that use the challenged examination promoted dicirjrr:rt ever African ... American sergeants this :)~r.X Ft1H<,wiug an EEOC in\·t-stigation. CRT a1S<.• succcs.sfuUy sued the N~w Y <Jrk City fir~ Dep:utmentrega:rding its \\:Tttretl examination fol' entry,.level hires.'' The 1V,~w York Time_., <.!hrnnicled tbe success of one of the Aliican-Americ:an firefighters hired as it resuit <:tf thiit lawsuit; at tbe firsUire be fougJ1t 1 he located and helped rescue a five.smonth .. t:ttd chikl.xiji For more on Cbc EEOC'ts work in this art;a11 please see Chair Jenny Yang~s writt~n testimony submitted Ott. January 2 f ·~ 20 JS, and attached here a~ Appet1dix · B~ The.·fede:ral government cannot investigate or litigate every meritorious case of empJoymentd1$erlmination that may cxistJ especially given that there an: nearly 18,000 state and local law enforcement agencies in the United States.. 111e i>residenes ·ra..'\k: Force on 21st Century Policing, howevcrt is uniquely situated to highlight the importance of workforc<: diversity f<>r pu1 ice departrnents and other law eufon;:en1ent agencies .. · We beheve that a crucial component of that message should be identifying barriers iha.t undcnnine divcrs,ity and equal e1npk,yn1¢nt opportunity, while also highlighting best practices that department.~ CAl1 use tt1 recrui~ hire~ a.ad retain qualified and diverse personnel. We hope that the attached revie,,,,._which assembles research and acadcntie scbolarsbJ 1> that have addressed the issue of" diversity in la.w enforccment~n aid in that process., Although ·this review is not exhausth;t\ it is designed to provide a cross-section ofrelevant i"ntorrnatfon that we hope wiU be helpful and inform;ltive to the Ta~k f()tee, \Ve pres;ent the literature revievt in four categories: • 'Why DiYenib· Mattets« Divers.in· can be a crucial elenu.,mt in establishing and .. . -.. -. ~~ expanding trust between fow enforcert)~U and tile cornrnunity.. Workfhrce diversity ni~:y also have positive effocts on law enforcement agencies; making them less insular and 2 mot"C teet.i)tivc to chatlgc. In additfon~ the vfl1ccr8 who ar\: hit-ed often reap tremetidou.i benefits t.hat inure to ihdr families and communities. • Barden to Achie,ing Dh·enity., A wide range of barriers may undermine diversity at every stage oftt1e. recruiting, biring, ru1d selection Jlroces~. liiere is substantial eviden~ tbattbet;c barriers hav·c made it difficult for underrepresented groups (Le., racial/ctbnic n1inorities, wom.eo, and LGBTr individuals) to secu.rc posrtions in law enforc.cnu:nt • B~st Practices for Achie1,iug bh·enit)·. There are concrete steps !aw enthrcement ag_cncie,,s. can lake that will result in greater diversity among their personnel. By examining and~ when necessary, refurming recruitrnein. selection~ and training etfort.~"' ltlwcnforccmcnt agencies can attract and retain highly qualified workforces that.better reflect the communities they serve. • Cltara;rtenstlct <•f Higb Quail~· taw Enf(>rtmttnc Per*«Htnel~ Tt'aditfonal measures for hiring and training police officers and other law enforcement pcrsooncl not only have adverse impact <m diversityr but a1sc) serve to undermine the abiUty to attract the most qualified and effective individuals for important public safety jobs. By identifying the faetors and skills that are critical to effective law enforcement, police departments and other agencies can design procedures that will attract individW1.ls that aro both highly qualified and diverse,. We have .. ,lso attached~ as Appendix A to the review, a list of experts oo the issue of w·orkforce diversity in law enforcement with vthom the EEOC and the Depanment of Justice have worked,, This.list is ntlt1-exhaustive; we hope th~t lt can serve as a rt.stn1rcc 1tnd starting poiut if the Task For,:e de~it'es additional perspectives (1.r hlibt1nado11 about tbe matters covered in this document and the attached literature n:vie,v, i See; e.g,, Bathy$1 Ungar-Sa:r:gqn~ Ll!,;1s.1ms/ar Fel)JUNtm In Cret1ti11g iJ DltvYrse Piiliie Oepartmifl.tt., FIVE.TlilR"r'lEl<.rtrr POUTJCS.. Jao. 5~ 2015~· bttp:llfivethirtycight.comfrat1.U-r:s'l~lns-fllf-frrguson-iu.;L'f'e.utittg-a- divcrs1:-police·dep.artnk!trti. · H Ernily B;•d~ f WhtIJ? Po!fr:r: l4:f}£trbnc.ni.v. fhm ·, lnok !ik~ tiu: Citw!; TJ;n~p h .lk,mt It, Prnlt:cf1 W ASJl. Posr~ Au~ l 2, 2014,. m S<·~ J'er~y As~kienas and Ha~youu P~,k~ 77:)r: Race (iop fn ,1mcrica 'r; Pt.1#ct· lJ<par1m(mts, NY TIMES, Sqtt 4~ 2t}l4~ ,S'<','¢ ats·(, Etrtify.Jiadgt\', f>att Ke;Uint.*ttd Kct(ltltdy Elliott, TPJr,t1-e Mi1it<1r:f~y CdtifmtmWtti StHJ Hn,vr Ol'.t'Tlt'Jr{,Jmrngf.v lf"ltit(• P,oUt'.C.\ WASH, POS"f, Auj, t4~ 2014, h ls..~s. ut' diversity wi.,"e tl.tt$Cd rcpc~tt"411:y ,n tht.! tcsttmony that this Tusk Futct! rec>:11\'cd a.s .van uf 1t~ li~nmg session on Building Trust and Legitimacy's See~ e,g., Written Tc!<ittrmmy .;tf Chief' Jim Buccn'natm (re.t t, Ptesidtmt, Pi,ticc Foundation ("Ewtj' p.1lkc lc~er knows of' the importiincc of ctc!lting a diverx \VOTkforcc. Police ng~nci:ses that do oof huve u 'Workfon •. -:c that rcflcct'S the communtfy it M:n•,:s \\ti! t cvmtmd 17 ih1vc to d1:1el¥ with n 3 lleig)11tenied level O~!)t.1Hce~n«tmuuity tell$.inn hh:tUj;;ht onby rhc lad.: of police diversicy;:''); Writt,rn Te$6mc:my Nati4:inal Otf;trtizati(>£1 t1fBJack Law Enforcement Exccutivci f'l11c challenge t,t;1 hi:rinf a 4h'<!fse wod.~llcc tu law enfor~tment ~' t'¢1]!ctttd O)' uie fa,~, of the i)faJ},1Cti7.atfon'$ leadCI!'Jlip, Tbe key Hi ~ivcrsity fh law c:nimi::etnent .ii visibility ,,filive.'.J't{lty, <),pporniniry to t."llga!C pcof1le ~n thi::ir tcn.11.s,, and 01:ipq;rtuuitie.utt at!vam::e:.. '"): Written Testimiu1y ofNAti(tfflJlJ Aas.ociahnn ofWom!n.La,i\· Enfor~mcnt Executives f'lt has bci.'il kni1w11 by U;& and n1a11y ntlu:n,, ~t in order t<> bcstp.,Ucc a C(!ftilm ar~ tit:: divc:rajcy of a pobce h'»t::-c should be rqire--~ntativc of the• communit:)1 they serve:. "'l " The cXi$tin~ litcrl(Ut{$ is t:llitffo:.-tt:d abo!Jot th¢ imp;iit,.1 (l<:tttogr~pftk divt::t~ity li;1s (nl dk: rm,mu.'T l;aw <:rtforcement ~iJ?ndes. pe1'f'tu·1n their dwieg. For cxamr)fc., t'Jhl? article swvcyed dk? 1cscar,eh whh respect tf, Aftieiitt" Amc1ican po Uc~ om~ers and fOOlld v.·idc,occ. ro $Upport either side. David A-Stlan.sk)\ blot raur F a1her ·s Pdtu.~ Dep4rtme1tt Making Setue <!lihc Arew Demogn1pkics ttf'Lrn, EtifiJJ't.'e1,u1m~ 96flt J. ClUM,.L & CttruJNOLO(JY 1209~ 1124-25 fW06).. On tht une batld, die arlidc pointed ro studicii sh<l\\ring tl:utt Afriea.n-Amcriea:n ofliccrs were k~ 111tjuiliccd mw11nl, ~r Afrkatt Amerfoam. trum wbite officers, btt."\\' m4)t'Caoout me Ati'ica1\-Amer1can c~nity,, :n:1d 8'it .more ccop.ntioo from African-Amerkan c1tiuns Jd,. At the itame tin1c,, Ute article also liighlighted studies eo11<1luding that A frkan-AmeriC:an ameers v.rerc just as 1 ikely as: thew white e.owtcerpMts to m;c thclt' firearms, arrest cwntaru., receive dd7at cilmplaintsr and b¢ subjected to dis.cipl inary ptme~ings. ld. at 1224. Part nf OW! cltliilense may stem fmm Che fact that fr iti. very difficult m determine, w1tb 1my degree of cata.inty, the 1olc that demographkS:·· foe both ofucas and dvilians bave on how law eaforc:ement activities are conducted aud JfflfL~ved. See id. at 121, fi.]n both sideii of this debate,, n1any eifthe findings are hard tu iUtL'i"flrt.'i. Ji;. for cxampre.. btack offrea.1 draw mure oomplamts. is that bec,ause they set mo.re agsreaivdy~ or because they at"e· a~iiigi11ed tc, u,~,her Ilea~ or because prejudice nt.akes their assertions of authority seem. mQre Qbja:tiot1abk\ or became mmorit}r citizens t«f m.,re comforutbk comphin.ing about officcra.fr001 whom they· do oot fear rmHsionT'). w ft hag ~t (itlt ¢:'(pitritrtc¢ th.-t me:.:: is !t gtfiWittJ; ttm:W\1.11~ fh.:1t dh.1Sti,ty t.;;;ln be:•» itnp<tlfCaut ele:tit,1Jl JtJ ,tmbltd;ing trust and foiproving tclatious hetwc1.-u law enfot\;t'fflt.-nt and t:\)nttnunitti;S, .~ gt•m.-1-c1l{r Un"'tr"Sa,;00.1 supfu; non: i (qu(itiag ;)fl iott.'tvi<:w widi Sta.,fonl l . .aw Ptvft,"S,.~'lt' 04vid Sklttn.sky i\1.R) t.xpl~intd; ~1\\71:tm the poli,;e '-wee im~ra1es and begiM to l,)ok mo1·e like the ct;:mmmnity Ws potking, it rem(wcs one big inipcdimeut tow.srd trust. 11 ducsu~t wmr.tt,ttt UUll~ hut jt l\'!XQtlVC'S OflC thin; that maJce5 it haul tu de'\·eJ,,i, trust."~,. And in the wake of mis mmtnN's: events. in Fc:rsuwn •. A.ttm,q· Cicncr11J Eric Holder acknWNledJed the need to ".::omiiJcr the ruk that ia1erc-a.;;cd diversity am fffliY in hdping tu hui.ld trust \\"ttrun communities.""· Pr~ Rdcase, lLS. Dep't of1ustiec,, Smtentet1t by Attt>mey Geyter.d Eric Hold~..-iin Latest Oevclt)pn1etlU 1n Fcr~n. Missouri (Ang. 14, 2014), bt11;i:/lwuvrjusticc.govlopa'prista:ttment-att-0me}·-geueral-t-ric-bolder-latest~dop11lCtllS'-fergu5(1n-miistHJii ... Y~ despite tbe widespread be1icf that diversity in law mforecmem can foster communityttust,, dl~re las ~ .scant re.search amt, at times~ mix~d empirical finding:..; rq,arding the relationship oo,,~eu police divct~ty and communJry trust: See, e.'.g., Joshua C. Coichnu) and Patricia Y. Wsren~ Rttt:Jal, Etlutii:, and Clr:·Nlf!.r Dif/ertttU'.f!S it1 Pert:t!fNit»>l;f ,:,tf lite Polit'tL The Salience rJf (~tfit,er R.act! 31tl;iu 1Jie Ctlitte;xt ef RacuiJ ProJHl!:tg, 28(2} J_ Cn~'TEMI*. CRJM. J. 206 t;20l2){d.cmt1nma:tin1~ based on a rc1!ent cmpi11cal study~. tbat o.ffice-r race may play a nIDtc &ubstanti.u n'ilc in die devclopment uf dtiz£tU" p.erecpitiom m.m JWC'\fous: find.ing& would SUBS~-:t. prnvi<lit1Jl !i(mlie i:videntiary &upport for diversification as a vfable option for improving dtizen-ottica relmiot1~ and cal ling fix tl.lf1hef evaluation of diver,mc11ti,M1 polkiesJ, \N T(J be· (le~t~ divtt$ity fo law euf(tiC:Ctn~nl indu4e~ nlrttt dtklf't just nu;i:,i ~rtd etbt1,i,:,,diVffSttj1; it aL9'• should inv,;;lvc i;<msidcn1ticifti of ~:c. 1\akit~! ongint «:lision, s1;;1c:1.1al o'fi,erd;;atitm~ and ,~a i<k'itt1ty Tbis litcttttutc t¥View f(>C\M.e~ va it"U¢& of race: and ethnicity 1,attd ltJ a le$$i;r cx~ut\ ~xl in bgµt of if1e t¢i;;¢11t attention mat. l1a$ bt;¢n direc~d tctward$ tbc* careg(trit:i-Hn\·w:ver • .au a:j,~1.$ ~f div¢:rsity ~hol,dd be: t;.\utj:iderred wt~ jurisdictions a1e c:oa~dcrif11 whether t.beir l,a\\' enforcttnent ageudeiare representative and reflective of tbtl' -t;:QifltnlUtlitt1;6. they .$¢t'VC, yx, 42 tf,S,C, · § 1000c f:I .,eq, h Sec Prrs,.,<ti Rrlcrusc. US. Dep't of Ji1stfoc. Justice tlcpartmtmt. Settles Sex Distrrimfoatlon Lawsuit Againrst the fown of Orifnth., Cndiuna Oune f: I~ 2013),. http://\\'\i.'\vJu:st1cc.go\·lop3 pnJUsticc*dq,artmatt•sc:Cdcs•:K:X-- discri:mrnation"i,1\\'SU1t -agirinst"11,wn*gritlith -i ndiamt, 4 x Si.~ Jlttti,-& Rel,'aSt. U$. Dq)'t of Justi«. J,uti;Cc Depamuent Settks Alk:g,atinns of Emptuyn1en1 !l!icdminati-On u1 Plom<i4i4'n <}f P{1H~¢ S~rg1.-at1t$ in New Jei6CY (Au:g~ J ~ 1011 J. http; lw-tvw,Justh::c.g(1vtopu!pljus:t1cc~cpartmeut.:seuJt&-a11e~ation,-emplt1yin".tnl--discriJninatioo~pron:1<tti<,;,n-potic<1- ~rg:eants... <t; Stt,1 Pr~ Ri:le~se, ltS, Dcp 'r of Justice, Ju.stke IJe:pattr:oi;.,"trt Rcadw:s AintetnN,.-ttt in Ptin~iplc with th¢ New, Y<•tt Cit,i fit~ Dt't'Aittmt'ilt t)\•.;1 Di~-ri1n1t1~tf)(}1 Hid,,g P,1 .. ¢1:ii;<,1 R~b:ing fat 598 MrllhnJ in Ri:?i~f fMar IR, 2014),, hap:li\lit\'V\\',ju.~tice,g,1\li(lpi;:llpr.i)lL~ti,c·ck~rttit¢nt .. tt:;::u:•ht:S,,.ajtee.ttt(.'tlt"prht<:iplc;ui¢w"y<»k..;c:itY~fiht.- d,:p1mm-"1tl"ov.:r.. 'h N,R Kltdnt:h:M. The Rm·~ Grip i,r .imerirtf 's P,,liet~ 11.~pnrtm,ml'i. 8r1vtism ~J· f"in1: A Ntn' t:·n-t. Ptre,fightitt·C(111/h1ntl,, Hi.i flr:;1 TMst" N.Y. TU.fl:$, Jttt\e ~(t1 2014. 5 Table of Contents :11.. B-arrlers to-b:iversity ................................... " ... ,p .................................. ,.. .......... ~ ........... ll'age 3 JU. Best Practices for Achie,·ing Divemty ... ~ .... u ........................... u •• uu••·*···"*""Pagt 6 IV. Cbaracteristk1 ofHix11 Qualit11 Lav.i Enforcement Persontttih .• HHmu .. n;,Hh'>H•ttPagc 9 I . Friden~ Lorie1. Ro~rt Lunney, Drew Diamondt and Bruce Kubu. 2008. Rr:u:ial~r Biased P<>lit:irlg: .4 PrindJ,ltJ Re.\1mns1:. Wash1ng,1on DC: Pi)Hc-0 Executive Re$earoh r,,runL Abstract: A police agency whose -0tncers reflect the raciaJ demographics of die conu111.mhy they serve fidt1Us several importru1t purposes in reducing racial bia5 in policing. First .. it conveys a sense ofcqnity to the public, especially to minority communities. Se.cond, it increases the pmbabiHt:y that~ as a whole. the a.gency will be able to understand the pers1,ectives of its racfaJ minoritie:; and c,,minurdcate eftec:tivet.y with them. Third" it increa."e,t; the UkeUbood that otllcers wi] I come to bcUer tmdcrstand and respect various raciaf and cultura.1 perspectives through their daily intet·acdons with one another. 2 .• Sklansky, 'David·A. 2006. t•Not Your Father's Police Ikpartmcne Ma.king Sense of the New·Oernographicsof Law Ent()rcement''. The J,Jurnal af CrimJ1raJ l.a·w ii Cdmitt.hih1,.1r 96 (l); 1209 .. 1243. A bstracc This 1rt,cle. bas three par!S, The fi11,t part dest.Tibe6 how the makeup of police ,vorkft>rces has changed over the past sevend decades. To sttmmarize-. the workforce ba, grov.11 much more divcr1e with regard torace1 gender~ and more recently~ sexual orfo111atio11,,,,,but the pace of change has \•aried. greatly from department to department., and Virtually all departments have considerable progrcs.~ to make with respect to diversity. The second part of the article asst.~ses th~ eff eeis of tbe changes that have already occurred in law enforcement dem,}graphiGs. The author considers three ditlbrent categories of cfl«i~: competency effects (ways in which minority oilicas, for:naie officers; and openly gay and lesbian officers. may have distinctive secs of abilities), tonnnunity efteets (ways 10 which the demt1graphic diversity of a poiice departtn.ent may affect its relations with the community rt scnrcs ), and organizational effects (ways· in ,,tbich the workforce diversity may affect the mternal dy11amics of t1ie department itseU). 111e third part oftbe article c.:>ncludes by exploring the ramificati,ms ofthe changing demographic:; oflaw enforcemetlt~ .3. \Vassaman~ R.obetL 20 l 0, Guidtmcefor Building Canimamities ~l Trust. Washington D(.":: Office of Co:mmmlity Oriented Policing Service..,. Abstract; The Guidance de.4cribes the challenges that mugt be addressed by fusion centt.-rs, local law eaiforeetnent ageneics~ and commu.nities irt developfog rei~ti0t1shtps c.:1f b'll5t TI1e;(;c challenges can oniy be mct if privacy, civi1 rights ... and ch·il liberties arc prot~,cd~ for fusion centers" this requires strong privacy polides. and audits ot' center activitie~ to ensure that tile pol ides aud refored standards ~e being fully met P(u law enforcement ag~ndC:$ .. it mearis d1at meaningful dialogUe and collaboration w·itb communities n~s to oc-cur in a manner that incre.ases the legitimacy of die agency in the eyes of that community., Law enforcement must establi:;h 1r:gitima~y in the C{)mn.runities they~gVe if tm.;Oog retationsbip8 are to be ts~bHshed,, For communities, their leaders and representatives must collaborate with taw enforcement and share responsibility for addt·essJng tbe pnlblcn1s of crime and tem:,rism prevention in the:fr neighborhoods, I* Com&Jui Michelle J.. 201 t. R.epre.wmt1:1tim1 anti Rec1·uitme1u: A Tlu1;e .. Part A,mJ);isJs oftJui Police Hiring PrTJr:ess Within New l"f>rk Sti1le. Rt.1chestt:t~ New Y 1)tk: Rochester lnstitmc ot"Tecbnology~ AbstrJct: The, article consists of three .separate analyses~ each of\vhich examines the reprcsentatfon of women, African Arncricans, and Ladno, in pt"llice organi7.:atfon within New York Slate. TI1c initial study compa,n,~ .department representation to that of the con:ununity in regards to rat~e or ethnicity and gen.du. This is folh:nved by the second study-r "'i1ich docs a detailed l0tlk at the bif'ing procc!s ,:,f one department w• thin a tnid:..Si:r.ed chy. (Rt)<;beMer:-NY), noting attrition by majorityln1inority status at each hurdle applicants face, The third study utilizes data from the second study to create a model of attrition for the Rochester Police Department. Prom the three smdits~ a series of recommendations for departments was developed, including: ( I ) · idt11tif)1 department needs and allot resources apprOJlriatcly; (2) track application $Ubmissioru; >which ca assist in idcntitying times d1at dt,>amnents should ittcreL"i.C their recruitment effort.~;. C,3) tailor advertisements in a manner that \Vould promote diverse representation: (4) increase eng;agement through job fairs and reaching out to local professional tirgar.dzatiomi and c(,m1nunity groups; and (5) hold infi1fmati omd ~ssion.., prior to, and dudng. recruitn1cni. efforts to provide interested parties with a realistic portrayal of the police officer pc,sitimi. 2. Jordan,, WiUiatn T ... Lorie Fridell, Donald Faggiani., and Bruce Kubu .. 2009 .. ~~Attracting Femaies and R.aciallfithnic Minorities to t..aw Enforcetnenr."" Jnurnal of Criminal Justict1 37 (4); 333-341. Abstract Using a national survey of law cntoroema1t agencies,. this study: ( 1) measun.i.d agcm:im.' ability to fill sworn positions; t:2) identified the strategies used to attract and hire fo1nales and minorities; (3) me-.asured agencfos' success in 1l11ing sworn positions with females and minorities; and (4) measured the impact of agency strategjes and charactc.,-ristics on levels. of female and minority applitations and hires. The results· indicated great variation in agencies~ ahmty to fill s\vom pt;)iitfoti.s with females and mitU)t"ities,. at, wen as con.siderable variati011 in the extent towhicbnJtCbanis.ins are used to attract females and minorities, to policing. The multivariate analysesiudicate tbatinvesting in a recruitment budget and targeting minorities and \Vomen. positively atrects hirfog. 3~ Matthies~ Carl I1•1 Kir$ten M. Kelkt~ and Nelson Lin1, 2012~ ~·tdcndfying Barriers to Divers:ity in Law Enf<>rcement Agende,;, ~~ R.4] .. lD Cemer o-n QualiJy Polit:J.,,g. Occasional PapeL Abstract This paper describes one method tbat law enforcement age11eres can use t:o better understand and address the chaUenge:s of a diverse workfhrce in law enforcement a_gendes: a barrier attaly~is. Barrier analysis ii a 1nethoo or asscs5tnent aimed at idetnifyit1g pote11tial obstacles to obtaining resources or participating in a progran1s Using this toot,. the articl c encourages law enforcement agencies to evaluate how women and racialledmic minorities face obstacles that might accmml for iess-lhan-propm1kinate represci:uadon among applicants~ birt-".Si 3 and senior leadership. In the context of cmp1oymentopportunities'} the authors focus on how hurrier ut.uilyses can be used to understand diven;ity-n:lat,;..xJ challenges at key points in the career lifecyde, such a.i; recruitment, hiring~ promotiont and retention practices. They also present a coo1plete barrier ana&ysi:; that· agency leader:; cru1 incotporate 10 1dcn1ffy key bairiers and fflke proactive steps to build :t· more diverse workforc;e., Case studies arc us,ed to provide guidance for agencies to take proactive steps toward remedying tbc lack ofrc-prcsentadou in thei.r worldbrces. 4. McCafferty, Francis L. 20031 ~The Challenge of Selecting Tmnorrow~s Police Officers from Generation X and Y.·~ Jimnutl ~hl1e: American Aca.detrtV ,lJ'iJ·chidtry and the Ut'W 31 fl): 78,.,8S. Abstract: Detmmds on police ot1icers in the past thirty years have grown th'amaticaHy with the incrc.asi11g threats t,) $ocfat order an.d pcrsorud security. Selet.i.km of police officers bas been difficult, but with the increasing demand and complexity of polfoe work, along witl1 the candidates applying from Generadon X and even Genen1tion Y. ttie selection proces..~ has become more critical. The personal characteris.tics attributed to Gcncration·X-and in the future. to Generation '\t,, should be factored into the selection process to ensure that those!'. b1dividuals selected as l)(>licc officet1) Vtili be able to cope with what has beet, described t6. the iml)o$siblc mandate of po.lice work in a free society. Background infom1ation on the X and Y generations is imperative f4;lt psyclliatrists working with pt11ice departments and other la\\' enfr,rcemeot agencies. This article explores these arca.1t and constructli a paradigm selection procc.,;..i. 5. Miiler, Susan L.~ Ka}i B. f(1rut, and Nancy C. Jurik. :2003. ·toiversity in Btue; l~esbian and Gay Police Officers in a Masculine Occupation.'' ,\ft->n and Masculit1itie., 5 (4): 355- 385. Abstract: This study explores how lesbian .and gay police officers fare within ta-wcnforcemcnt agencies. Using qualitativ~ survey respo11ses from a sample of uout~ and ""dosete4fi gay and lesbian police officm in a f\,fidwe.'itmt city, the 1uthors examine: fl) ht'tW police orga.nizatitms~ cultures infom1 their experiences; (2) bow oft:icers navigate multiple aspects of tbeir 1dent.ities.,. including sexual orientation, gender, race, and ethnidty; and (J) the .stmt-e_gies lesbian and ga:y officers tdilizc to manage tbcmsdvcs. in the workplace. The findings suggest that these officers support a 1nore hwnane a.pproach to pobcing and see them..~elves as particularly qualified to work within vulnerable communities. 6. Rkl1ard, Rose.arm M. 2001. The Pe,·(:~t?ptim;i. <f f,J.ton1en Lt/adr:r,,· fo I.mt· E,iff)rr,c:en,1,11tU1h Prr:>t1UJiicms, Barriers tmd E;(fecti•i't! uaduship, San Francisco~ California: The . University of San Frandsoo. Abstract The.purpose of this study is to identify factors that undennine succcssfid care<:r advancement for women in law enforcement. Through telephone interview·s with women hnlding command· positions of Captain or higher~ tbt ~ly dest:ribed the.perceptfon& ·,)f women law enforcement commanders on lc.adcrsllip etlcctivcucss. chalkngcs, and seU:,;pcrccption.. The findings ptesented may be ust..*d as the basis for twther a.;s.essme11t of eflcctive law enforcement leadership itnd supervisory practices across various f ederat s:L1te.~ focal'\ and campus Jaw enforcement agencies. lu addition, the rcsuhs from the study can be used to guide departmental developrnent of existing management and SUllervisory 1>rograms; update or create harassn1cnt and diS,<;rimination lrltining \Vht'tc none previously existed; aml allocate ,fopartme11taJ resources for promotionuJ test training programs and the testing processes. 1. Stroshim:\ Meghan Sq and Steven G. Brandt 2011. ··Ra.cc,, Gender1 and Tokenism in Policing: An Empirical Hlaboration~-n Polict-: Quarter{v 14 (4): 144.,365. Abstract According to tokenism theory, '~tokcnsH (those ·who comprise less than Is,--. of a ,ttoupJS total) .are eXpccted to e."'pedence a variety of hat·dships in d1e w1)t'kplace. such a.,ii. feelings of heightened Visibility, lsoJatiort, and limited Qppc1n:unities fot' advru:icemenL ht the polictng literature, mosi pn..'"'Vious siudies have defined tokenism narrowly in tcnns ofgeudcr. The t1.1rrct1l research extends prior reseatch by examining tokenism as a function of gender and ract\ · v.dth an CJ<atninatfott of raciallethnic sub~oups. Partfoular attention is paid t(l latim) officers, as this stud)· represents tbe first Jmown study of tokt1tiisnl and Latino police oftfoers. Quandtative aflai;1ses reveal that. for the mostpart tokefi police officers do expet·ience the eff"eet" of tokenism. Although an minoriti cs experienced some level of tokenism, African•American males and Atncar1-American temales experienced greater levels of tokenism than Latino oflic.ers, sua;~tiug that rac:e is a strof'tger prediCR)f C)f tokenism than gender. ft Wilson, Charles P.,, and Sltirley A. Wtl&tl1L 2014. ii•Are '1./e TI1ere Yet'! PercC1>tive Roles of African American Police Officers in Sma11 Agency Settings.'• Tl1e fflelrten1Jmmu1l tf Blat."k S'tt«iie:ti 38 fl): t 23-136. Ab~ct: One a.;pcct ofpoHcc behavior that ha.ii oot been mUy or consistently anpha\iud i~ the problem ofpcrc.eptioi~ particularly how Africa, .. Amcrican police officers serving in sn1aUcr law enforcement agencie.~ pere-e,ve> thdttseives and their vie,,r of how their agencies and the communities they serve pcn:civc them, For this artick, Afncan .. Amcrican poiic.c officers were surveyed to determine tbeir perceptions of the positive or negative efiects nf tbeir pres.ence fo local police agencies.· Key findings indicate. that Africatt-American police <.'lfficerl ~tin· find themselves. victims .of rac.tal indifference and seemingly hostile work environments; believe that racial profiHng is lmth practiced an(! condoned by their agencies; that agencies do little to improve diversity and pn.widc little support for their efforts: and that they strongly perceive their prese11ce in the.~ smaller agencies to have a positive inlpaeton ptllice interaction:s in the minority community,. 5 L Bure-au ofJustice Statistics. 20l 2. St11n~J1: Hiring and Retention qf~',tatc1 1.md Loc11J L<tlF 1.ifi:thx~~menf <~(liter/!. 2(108-Stmi.irt,·ul T,;1ble,,-. Washington DC: ()fficc of Jusdec Programs; Abstt~t A special survey was adn1inistered to 4 oatiomdly represetttative sarnple of approximately 1r000 general purpose agencies a.~ part of the 2008 BJS Census of State and Local La.w Euforcet11ent agendt:-s~ "rhe study examined sped fie strategies and p<lltde,~ designed to heltl them rneet tbt Chsdltnges ofreeruidn~ hiring>and retaining qualified sworn personnel. :t Equal E:mplo)tment Oppottunity Ctmunission. 2003~ Managetnent Directive 715. Absn-ati: Tl1e EEOC provides lcadersbip and guidance to federal agencies on all aspects of tile tederai .govemmcmc't. equal em1,h>yment opportunity program_ Manage,nent n-irecttYe 71S (MO .. , 715) requires agencies. to take appropriate steps to ensure that. all cmplo)mt·nt decisions arc free fron1 discrimination aud sets forth the standards by 1,vhich the EEOC ,viii review the sutlldency t1f agett,cy Tide Vll. and Rchabil ilation Act programs. MD-715 sets R•rth and dcS<..'>fibes six es$e'Jttial elements for model programs.. Pursuant to ele.ncnt fourt Proactive Prevention of Unlawful Discrimination~ agencies "~have an 011goiug obligation to prcve11t discrimination 011 tbe- bascs ofracet color. national origin, religion., sex~ age~ reprisal and. di~abi1ity, and.eliminate barriers that irnpede free and open competition in the workplace. As part of this ongoing obliptioo}'agencies must 1,;,)ll(lud a self-.assessme11:t ,1n a.t least an annual basis m rnon,tor progress, identify areas ,,,here bitrri ers may operate to exclude cerntin groups and develop strategic plans to clitninate identified barrfors. 0 · The background materials include MD-715., Section UA (lf EEoc·, 1nstruct1on to federal Agendd ft,r MD-715 (Barrierldentitkation and Elimination)~ which provides a. detailed explanation of the sclt:.asscssmcnt process~ and ~7ips for Smalt Agencies Conducting Barrier Analysis under MD..,115," .3. Haddad. Abigrut Kate Giglio,. Kirsten M. Kellert and Nelson Lim. 2012. "~Increasing Organfaaticmal Diversity in 21 ~ Century PoUcing, ,~ Abstract: Both the mUitary and police departments are concerned about reL-miting and promoting a raeiaUyletbnic3Uy diverse workforce. This paJ.)t"f discusses three broad lessons th,m tbc Military Leadership Diversity Commission that can b~ used to infom1 polic-e department hiring and p~rsounet n1anagemcnt: ( 1) qu~litfod minority candidate~ are avaHable~ (2) eareer paths imp.a:ct diversity~ and (J) dcpa.rt111cnts should leverage organizational commitment to · diversity. Addidonany~ .specific suggestions are given as to how· law enforcement agencies can itltOtl)Orate each oi tl1ese 1~on$. 4_ Kasdan, Alexa. 2006. lncn¥Ising lliv,f<rsi~v in Pt:>lictl IJepal'tnumts: St1·ategit1:!' tutd Tm,l.Y: Jin~ Ihm.um Rigl:rt:f Cr1rnmist;irmiw <111d Others. lfarvard School of Gnvem111ent Abstt-act: 'fhe goal of the artkle is to help human rights and buman relat1cu1s ct:,mniissions. work with police officials to increase race and gtttder diversity among law enforcement personnel . The ankle studies three jmisdictions: Rhode Island., Kentucky .. and Atlanta.. The ankle discusses how states should sup.pon local 1rolic~ departments in achieving diversity, including Offering grimli.;, crainlng opportunities~ and help in .asses.$.ing diversiry. Thetc needs c.o be a. finn commitment to diversity from pohce chiefs and police administrators. In tirder to achieve diversity., there need~ L() be parttie:rships and et,)Uabor~tfo1,~ outreach~ hiring refortn. and long,'"' term recruitment efforts, .5. M .. nbit!b, Carl r. 201 t. Evit:lenc:e~B,M'ttd Approa,:lit·s· th lAu<' En/rJr<)ement Recruitnumt a1ul Hiring. Santa Monica, California: Rand Corporation, A bstmct~ Rtcroiting diverse, qualified candidates is a continual ch~llenge for law enti1rcemettt, Around Che tum of the miUcnuium~ many metropolitan agencies reported a shortage of imiividuals interested in police work. With the dmvnrum in the economy carne a .tlood of applfoantst fau t'unding for recruitment and hinn~. cventualJy dc:1:reascd, Law e11forcemen1 can bend1tfrom evidence,.based approaches to evaluating recruitment programs and streamlining the applfoathm process. 6. Taylor, Bruce:" Bruce Kubu" Lorie Fridell, Carter [lees.,. Tom Jordan., and Jason Cheuey. 2005. Cop 011ncJ1-: lde11tttj111g Stn.1legies Jvr Deali11g 1vitlrthi'! Ra"'n1itb1g andlliri'ng C,·i.,is.in Law h1'lorc,1me111. Police Exei,,itive Research Fon1n1- Ahstract The processes of fCC;Jttitmcnt and selection ure key to developing agencies with high- quality personnel and to produdng agencies that are representative of their cornmunities in term.s of race and gender. The challenge of recruiting and hiring quality personnel has attcrg,-d as a critical problem ta.cing lww enforcement natiom.,iidc. It. threatms to um.tenriinc the ability of law enforL'Ullcut to protect our natioo"s. citizens and to reverse impottani gains in our efforts to increase the representation on our poHce t<m:es of raciatlethnfo minorities and women. The Police Executive Research Forum conducted this project, ·with funding from the National Institute of"' Ju.,tice'.' to examine the nature and extent of the ~~cop cnmdt~ and identii}• department•icvel policies/practices that t.~Uitate the rcctuidng and hiring ofquality personnel, including the recruiting and hiring of quality women and minorities. '7. White, Michael D.~ JonathonA. Cooper.~ Jessica Saunders. and Anthony J. Raganella!< 20 l 0. HMotiv.atfons fh1· Becorning · a llolke ()flicer: Re-assessing ()fficer Attitudes and Job Satisfaclfon After Six 't"' ears on the Street."' Journal q/ Crimilial Justice 38 (4): S20- 530. Abstract· TI1is article was a foUow ... up to prior research that examined motivations among ac.ademy recruits in the New York City J)oJice T>epartment (N'YT•ll), Using the same survejr and analysis, mis srudy re-:e~amined m{nivations ami1ng ofllcer~ from the same N\'"PD recn,iit tfa$.-~. after six years on thejob, and explored both motivation. stability and the n:latioos.hips among motivatfons and Job satisfaction. · Results suggested that motivations bave remaiucd highly stable over time, regardles.,,~ of otlit.er mcet~timidty and gender. finding~ also sugg~ed tbat white mak officers were most likely to report Jo,v job satisfaction!-and that there is a liuk bcnveeu low satisfactktn and unJuU1lled rnotivat1ons. Moretwe,r.,. dissatisfied tlil1cers \vere much less likely to have expressed strong commitmem to the profession lhmugh their ,.1riginal motivations, suggesting d1at low commitment up front may lead to low satisfaction later on'.' The article 7 cone ludes ,._,·ith a discussion of implications for police dcpmtrnents, particul arty with regard to rt~rulunettt and rc:tt;..-ntion pra.ctices and efforts t,1 achieve divt.-rsity, Abstract: Within law enforcernent·agencies, claims of sexual and racfat harassment~ disparity in pay~ and low J<,b s~tistactJoo mae police t41retrs unattractive. Additionally,. the $election tlroeess for police officers often contains biases that~ in effect, eliminate candidates of' color and noudtizen perm.ru1t:11t resider1ts from being hired_ The Cotnmission rect)ttm1ettds~ among other thingsl that la,v entorcemctu agencies: (I) develop creative £.tracegies to increa~ diven1ity ataU levels~ (2) improve public perception of&hc police to attraci more applicant,5f (J)·encouragc recruits to pun-t1e higher education, (4)ebminate biases in the selection system~ and (5) revise rcm1jfmetu and .selection methods. 8 L Barrick~ Murray R., and Michael K. Mount. 1991. -rbe Big Five Personality Dimensions and Job Per(onnan,~~ A l\·teta;o_Analysit;. "~ Perso,mt·I Psychology 44 ( l ): 1 .. 26. Abstract: Tbe study investigated the relation of the HBig Fivcn personality dimen£ious (txtraver,i<•n~ e1notkmaJ stability~ 1greeablenes$. c<u1scientious11ess~ and openness to eJpr:rience) to thrtc job perfonnance criteria (job profickncy~ training proficicncy1 and personnel data) for five c,.)(cupat:iomd grooJJS (professionals. police, 111ruiage1·s. wes~ and skiUedlsemi .. skilled). Result~·indicated that one dimet1$.ion (>f personality-··'Conscientiousness·· -sh<>wed coo£isteru rclati011s with an job performance criteria for all occupational groups. For the f\w'"maining personality dimensions~ the estimated true score correlations varied by occupational groups and criterion t}1)e~ The findings have numcr,-.us implications for research and practice in pctsonnel psychology.. cspeciaUy in the subfields of personnel selection, training and development, and performance a11praisat ' Ben-Porath .. YossefS.~ James M~ Fico~Neil S. Hibler, Robin Iuwald~ JoeUe Kruml, and Michael lt Robi:rts. 2011,. As,Je.ssing the Psydsologiml Suitability c~fCandidatesju.t l .. mw El,fbrcement Pbritimu. Abstract TI1is article descrihe.i and elaborates on the tntcmatiomd Association of Chiefs ol~ Policc.,s Police Psychological Services Section's.recommended procedures for conducting pre- empfoytnenl evahiations of Jaw enforcem1r11t ttttididates. with an ct'npl1Mis on sk"1)S the hiring agcncyts administrators can take to en~urc adherence to th~~ practices, 3. Chappell, Ailison t, 2008. ··Police A<.."aden1y Tminin.g: Comparing A,T<•ss Curriculu:r,n Policing: An ln.tenMtional Jom·11al ,~{Police Stralegies and Alanagemem. 3 t (l): 36,,56. Abstract; This study compared the academy performance of police recruits trained in a traditional curriculum wilb that ofrccruits trained under a new curriculum tailored to community .. po1foing tasks; it also compared ·the chamcteri~dcs of recruit\ who pert'onned better under the community-policing curriculum ,,ith those who pcrfom1cd better under the traditional curriculun:1. l"he study found that 1·ecruits in both curr:k'Ula performed sm1i1ady in terms of their mastery ofthe: material; however, the rectuits who performed better in the community-poiidug t.'Urriculum were more highly educated and female.. TI1.e study examined recruit cbaracteristies and performance in Florida's Po~foe Academy under a tradl~io:nal eurr1cuh1m that etnph~b~d preparation for law enforcement las.ks~ such as fircam1s training. physical training, dcfonsivc tactks~ and driving, in addition to knowledge areas such as law. arrest procedures~ tratl'ic enforcenie111, ~nd oflker safety~ UtUe atce:ntion wa$ give11 to communit."~ttions, cuitw"al and ethnic diversity, problem solving~ and police-community relations. The Florida Police Acade1ny subsequently modified its curriculum to reflect the police tasks en1pbasized under cominunity poli<:iog, whkb focus on greater polfo~ c<»mnunication, interaction~ 11nd GOt'fk:r'(ltion with the community in forging community .. bascd priorities and practices in crime prevention and crime C(>ntrot T11e community-policing currfoulwn fhcused on the applkatfon of lear111ng rather than tt1tmori1a1io11t the use of a. problem-solving model through(>ut t.he academy~· and the use or seetwi.os as the basis for h.~··.Jming. 9 4, f\,tarion, Nancy. 1998. uPolice Academy Training: Are We Teaching Recruits What Titey Need To Kno1,itt~ Policing: Au I11t4;""t-raationt1l Journal ,~f Police Strategies anti :Ma,u1gJ:n1.eni. 21 (I): 54'-79. Abstract: The description of the basic police academy focuses on training duration" entrance requirttnents~ class ntake-up. en\'ironmtn1~ instniction,. and str~ss. A review <Jfknowledge le.aming add~ss.es civil liability~ ethics~ special needs groups,, public relat:h:msicuftural dtv('rsity,, and CDUUinatiotts. An .overview of skm training ct1usiders fireanns training.. self:.deJl~nse. physical trainingT and eommurdcatim, 8km~. An overview ()f ha.2o1tdou~tnatet·i.al$ trrdning a.lso i8 provided~ along with attitude training. The study concludes that overall this particular police academy fa pmviding the inthnnadou and ski Us training required to pre1>are l'ecruits to be pulke officers~ HltWever, the study found the academy lacking in its ability to t.tansmit the proper attitudes for nmv police otl1cers.. There remains an obvious element. of sexism and ·an element of elitism on the pan of sotne instnictors. \\rhich was 1nade obviouR·to the rec.ruits. There are a fe\v areas oot included in the trainingt specifically ethics and helping the elderly orvictims of crime. The addition of temale and minority instro.ctors may help create change. Poss:ible. changes in future police acffl.iem)i tminiog in: discussed. 10 APPENDIX A: LIST OF EXPERTS Kathlem Lundquis~ .Ph.D~ President and Chief Executive Ofliccr APTMetriC,5 .. Inc. l\fark KDl,ingsw,01111, Ph;;D .. Professor ofEconomics Rutgers University School.of Atts and :Sciences 1\fan: Bendickij Ph.D. Co .. foundcr and Co,..Principal Bendick and Egan Economic Consultants, Inc, Da,1d P .. Jones, Ph.D .. President Onnt'lh F'enwres Inc, APPENDIXB: WRITTEN TESTIMONY OF JENNY YANG CHAIR, U.S. EQUAL EMPLOYMENT OPPORTUNITY COl\fMISSION US .• EQUAL El1\IPLOYMENT OPPORTUNITI" COMl\USSlON Wauhin:.;ton, D.C .. 10507 \Vrltten Testlmonv before the Prcsi,dent's Task Force Ofl i1tt Century· Policing Jenny R. Yang, Chair U .. S~ Equa.l E.mployment Opportunity Conimis~ion On behalf <,f the U .S, Eqwal Umpfoyrnent Opportunity Commissioni l thank Chairs Charles Ramsey •d Laurie Robinson" Task Force members, and Executive Director Ronald Davis for inviting written testimony from die EEOC. We write to &Ut>IX}!1 the Task Force's effc:.rts f<•to identify best practices and , , . make recommendations to the President tm bow po11c-ing practices can promote effective crime reduction ·while building public trust."'1 buhe wake of the events iu PerguS<mJ, New York City, Cl,;veiand'f and acr<iss the countcy\ your efl,.,rt~ are litnely and vital I commcttd you on the success of the Task Foree~s tirst listening sessfon and on your inclusion of worldort.r:e diversity as oue of tlte strategies that will aid stare a:11d local ta,,~ enforcement i11 buildingtrusttnd legitimacy in the communities th.ey serve and~ ultimately. in achieving effective~ community-oriented po) icing. Promotin.g·cquality of opportunity in the public sector is vital to.the EEOCs mission lo stop and remedy unlawful eniployrnent discrimination 1n the wor·kplace. \lie write to provide background <)fl the EEOCswotk to promote equality of opportunity in pc.1licing and to offer r«:ommcnda.tions to assist police forces in drawing from the diversity of their community, Fifty years agt"l, Title VU (if the Civil Rights Act of 1964 created the EEOC a~ tlte leadi11g go·vemment ugmcy charged v.•ith enforcing ,:ivil righLti; proc«tions in the workplace. Toda.y, we bave 53 field offices nationwide;. and we enforce federal laws prohibiting disct·iminatfon on tbe b~sis of racet colort n:Hgion, sex, nad6mtl origin~ age (40 ot older), tlisabtlily nr g~etic information,2 Our jurisdiction· includes privatc1 federal, and public sector workplaces, which ·. . . ··. .· 1 ... .. include state and local law e11forcen1ent agencies.· 1 Executive Order 13684 to Establish the Pn.~idcnti S: Task F cm:e on 2J ;;1 Century Pofo:ins (l~ectnbcr 18! 2014), a'lY1U,1bl,,, at Intps:/l~ww.fedcralrqjstcr.1ovlartidcs/Wl4Jl2l2ll2014-30t(J5icstabhshman .. of;.tbv-: 11:~i~uU:::Itti.k:tiiE,i;.:.~::,QJl:;:1.it::.~~uuo::ffltli,j1ig., 1 EEO laws also prohibit rcialiador1 on tbe basis o( comphlining about di:s.crimin.adou .. tiling a charge of discrimination~ or pattidpating in an employment disctimitttttiun investigation or J.aws.uit 1 The EE0<::1!i feder~l SC{;tor enfor(:<:ment pr~Jgr;11m CQvers. federal ~enci($, inch.iding federal h1w enforcement agen~ies. 'l'"he Commisskm is authoo7«l t,o ho1d hearings 011 l!EO compialnts against tedera1 The EEOC shares enforocmcni authoiity for public sector employers ,,tith lhc Department of Ju.~tice~s Civil Rights Division C-Cll T"} undet' TideVH ~ the, lunerican.i; with DlsabUities Act {UAD,At"). and the Genetic-Information Noudiscrimioalioo Act e"GfNN')~ GeotraHy~ die Commission fct(.':<:ivt-:st investigates; and may attempt to mediate charges of discrimination against pubik employcts .. \\1here che Commissfon finds reasonable cause to believe an unla\vfui employment proetice has occurred, it attempts to conciliate those t::harg,cs. Commissioners may also flit) Co1n1nissioncr's Charges against 1>ubUc employers. ff conciliatitm of a charge fails,, the E-EOCtclen the charge ~mi its investigative me 10 CRT~ wMch hasau1hori1y to sue Ptlblic emph,;·ers. The EEOCalso has authc.nity under Title vuf ADA. and GINA to sue labor organizations that represent state and local employees or employment agencies that service state and )<)C~i employeNJ~4 Moreo\"er, the Conmussiun lias tl1e authodty to receive"' investigate~ attetnJ>t to mediate~ ct'ltieil:iati:. and sue regarding a c;harge of discrimination against a public emph)yer under the Age Discrimination ht Employment Act oft 976 (ADEA) and receive~ investigate"' and sue unda· the f_.:qw..l Pay Act of l 963 (EPA;, The HE(>C is also authorized to. coUa:1 workfort~ demogt'Bphic dam from et11ployers with. 11101·e than 100 cmplo)itt-s. State and l<>eal government W<lrkft'lfte data, including data trom cet"Uin pol ice dcpartmcnts1 ig, captured on the EE0.4 tram. The data of individual state and loca.1 govemn,ent emp1oyers is t~ made public'? but aggregate data may be shared to pt'0\'1de infomiation about cmploy:tnent by rncc~ ethnicity~ and gender in various job groups and by salary bands '\\<1thin those job groups. The EEOC is also charged with pmviding guidance and conducting training and omreach lo promote equal employment opportunity and encourage voluntary compliance with the faws ,vc ent.;,rce. agenci(;,sand adjudkat(: Ztippcals from federal agency administrarivc: decisiomL The EEOC also mooito.i'S: and collects. data on a_g:t."1lc:ies t cott\pliant"e wit11 EEO lav.'S,, monitoria and ~valuatt.-s fedetat ~gent-ji affimiative employment program~ .. and e.nrn:Jucts education and outreach aimed reducing. barriers lo. equal employment and EJ10 er,mpliu:nce. As an ex:mtph:, in Fi~al Year·· 20 t 3~ the EEOC found in fitv«x of a da&~ of femaJe agents in a pattern or pmclke action against the llrug {~.nfo«e-mmt Ag¢ncy involving discrim,m,tit1n ,n fon:ign assigrunents tmd promotious on the basJ.s ofsex, Cnrrcia r. Dt."p 't of~l«stJc,:,; E.EQC Al'fk.>:a.l No. 0120122033) 2013 \\tL2903347 C,Ji;mc t 2013). 4 As an exatnp1e~ in Fiscal Year 2012, the EEOC filed suit against Jacksonvme As.sodatian ofFirefighters (Local t 22 ·of the lntcmatfonal A~ociacion of Fire Fishtcrs). The EEtX: aHe1ed tb~t the w1ioo negoti.sted with the City of JatksonvHk for a racially discriminatory wl'ittcn exam in the pron1:t1doo process that it knew to have a distJroportfonatt: adverse impa{:t on Bla.;-k test taktn. CaSt: No. J: I :z.-cv ... 0049 I "MMH" TEM (M.D. Ha,). The Department of Justk~ filed a oompanit)tt iuit against the dty. Case. No. 3: 12-ev~ 00451--TJC-MCR, (M.D. Fla.). . IMPORT ANCEOF EEO COMPUANCH & DIVERSf1"Y The EEOC 's Stmtegic · Enforcement Plan prioritizes eHminating .systemic barriers to hiring and recruiltnenl it1 the public, private~ and federal sectors under all ofthc laws we enftlrc;e, J Th.e.sc laws prohibit .e1nploy~rs from using recruitment practices or sd~c:tion procedures that b:ave tbt: puq,o~e, or ctlbct of discriminating aiainst individuals based on their protected characteristic( sJ .. As an e:xarnple,, Title VU pemtits anployment tests to be mmd a~ long as they are not ';;designed,, intt'tided or used tii distc'Tim1uatc~~ ag$;inst ccwc.:n .. -d individuals' and impost:.~ restrictions. c:,n h,.1w tests arc ~ored:7 Thie VII also prcJhibits empl,.>yers from using fuci~Uy-neuttal test.s: or S(!lection procedures that diiproportionately ex.elude covered individuals where the tests or procedures are tux (job-related and consistent with bu.~ine.i;;s nece~~ityr. t'i)r the position in questi<)fl.s · The Unifonn Guidelines on Employee Scl¢ctio11 Procedures ( .... UGES~1 ) were promulgated to be- used by eu1pfoy;rs,. including faw enforce1neru: agencies" tt, evaluate their selection. pr.sctices. and. asst..~, whethtr they are in com11Hattcc with the htw.'> The us.e tlf any sclcctkm ph)(:cdure that has an adverse impact based on a category protected under Title VII will be considered discriminatory unJess the procedure is job-related and consistent with business necessity, Le .. it has been properly validated, 10 or t.hc use of the procedure is otherwiscjustificd under fcdcraJ lawY . Although EEO enforcement is distinct from the promotion of diversity in tlre workplace, the concepts; are Jit1ke4 as compliance with FJE() taws wut ~>ftett lead to great.et· diversity in the workplace .. Moreover, the absence of diversity is oft.en a critical indicator of potential tmniro to ' Id. ,tt f 2000e-2(l) (it is an 1.m lawful employmem practice 'ito adjust the scores of., use different cutoff scores· fut\ or· othetYt<·ise a1tttt the tt."SUlts ot: employment-re fated tests on the basis of rac~ color, religion,, scxf ··<;tr natiQOa-1 otigin°), Tbc ADA also addr~~s prohibited practice$ related to employment tc~. · Sltt: 42 U.S.C. § 12 l t2(b). Ht i5fc. <t,gq lwibitf v, CiJ)t ,'!/MempJ1is. 404 FJd 40,t 413-14 (6th Cir, l:O(i$) tChyts use of'a ,\'litten test ftlf promotil".m to poUcc lieutenant resuhro in~ disparate jmpac1 on African An1c1icans~ CHy"'5 J1'f0ccdure was not properly v;,Udmt-d and thacforn 4"had no busi11cssjustifkation.''.'} UOESP instructs m1pioy{;rs to rely upon i.\.·titeriott .. related vaHdiry studies~ conknt validity studies or cortStruct validiiy. studies n 10 validate a selection procedure. 29 C.F.R. § 1607.S(A). 11 Jd at §* i{,t)7.3J 16{)7,6; see Ojfic/ers J•tr Jusrit"t' v .. Civil Sen\ (,{Jlttfn '1i1 979 F. 2d 721. 128 (9th CiL 1992) c·tBJefore utmzing a [S£:1ectfou] 11rtK't5dure that has an adverse im~tt on mi1J:rmtics1 rhe Ctcy hai an <.'tl1h~~tlotr pursuant to the U1,ltinw Guttl,llilttlS to explore altet'nattve procedures and w implement thetn if they have less ud\1en;e rr11pat:t and arc subscantiall y ec1ually val1d [lf) other options ).~'l equal employment Oppi,)rtunity in the \'1'0rkplace,; As witne$SCS testified during tbefirsr T«$sk Force listening scssionij and as reported by the 1967 Kerner Commission~ wb iJc a divt!ts.e ptJlic~ force will not alone en.\ure eflet.'tive community pohdng or the 1untection of civiJ rights, a police fotce that rencds the community it ~rves Cito aid in building tru,5t and legitimacy ,n the community~ This can lead to higher quality and more d'fectivc law ent11rcemez:nt 111-0 EE{X~ is bighJy intere1ted in the work ofthe Ta~d, Force with respet:t to diversity, and we, encoutage the inclusion of diversity and EEO compliance in your final recommendations. In Fiscal Year 20l4~ the EEOC received LJ:52 charges against entities listed as HpoUcc·· ot Hshentr~ departmenti~11 The iop l:»lsb thr these charges wa,i retaliariorrunder aU sUttutes (50.5 percent .. with 43.6 percent alleging retaliation under Title VO alone )7 followed by discrimination un the basis <>fsex (36.5 percentJ~ r.tce (.34.2 pen::ent). diS3bility (29,4 pert."etlt)~ and age ( 16.5 percent).13 Sort~d by issue taistd1 the tt.ll' i&sucs were harassment (34.5 petcroO~ discriminatory terms and conditions of employment (33.2 percent).; discriminatory discipline (20.4 perc~nt)~ and reasonable accomrnodation reiated discrimination ( 12.3 percenO. Promotioo. assign,neut,, int1midatioo,, suspension~ and,hiring discrimination were all issues raised~ but. each category fell under IO percent.14 Although the EEOC' s charge data provides insight into employment discrimination 1Sa,.1es alleged, it should not alone be u.,ed to gauge the scope or severity of discri1ninadon or a particular type of discrimination in any gh·cn sedor. Many employees and job seekers do not take the step offilingcharges and many others, especially in the c,ase ofrecruitmcnt and hiring di~t."riminatiou~ are not aware that a viqfatlun bas t>ecurred~ '5 In contemplation ()f this, Congn~s authorized Commissiorn:rs to file charges under Tillr: Vil when they have tea.son to believe discrimination has occurred and similarly authorized the EEOC lo file Directed Investigations under the EPA. and ADEA .. The EE()(: also utilizes: it~ ~:b:acatk,n mid outreach prog:rruus to promote equal en1ployment opportunity int.be public sector. In Fiscal Year 201411 our program .analysts conducied 43 trainings for state and local faw enforcement agencies. These trainings focused on topics such as an overview ofEE()taw$,. implicit bfas" diversity and inelusi1,,ln~ employer respc,lnsibiticy ~md complaint resolution~ and harassment As a result of our nationwidi:: prcsmce~ the EEOC has t: Although the EEO<::'ii syskm docs not sqmrately-tr.a,ck c.bargefi. ag)linst f"Jlicc departmeJ1ts per s~, we can track charges against entities which exp1~sly contain the word npotice" or ~sherif'f: ii While usiug this 1netbod s.omi·vthat tmdcrwtmts lhe charges against pt1Ucc de11artrucnl$, wme of whkb. for ex.ao1plc~ may only name tbc municirmUty involved~ ~ve do b<tlit·vc it e(»1stit:utes ,l rcJ•rcscntativc sa.1nplc ofdtc kinds of co1npla.i11ts ooirtg :made. <mgoing relationships with state and local go\·ernmental ernployers~ g1)tnetitu~s in J;maU locaJides ,vherc then; is I iUk federal prcscm.;c and sometimes as an institutional partner wiih a larger employer. As an example~ the Denver Field Office has partnered with the Denver Sheriff"'s Oepan.meut t•:, Etadt its cuniculum on anti-harassment attd bullying ft)r new recruits, \\"ith the renewed focus on quatity cnnmmnity policing and the rok diversity plays in achieving; it~ the EEOC expects and is well positioned hl form ttC\V and deeper 1,art11crsh1ps d't~t wm bcnetil EE() enforc;ement, police departments, and the public alike. EEOC Next l'tep.;;,, The EEoc··is workingwith CRT, othersatD01~ and experts in, tbc field to: I. Tdcndf'Y insta,1ces in \•,rhkh the use ofcettain recruitmt-.it, hiring~ and pn:,motion practices i11 faw enforcement may serve as ban-iers to equal employment opportunity; 2. Fat..ilitate tbe development of best practices for EEO compliance and achieving and maintaining greater police force diversity; arid 3. Develop and d~lo)r effective ERO and diversitylindusfou tt·aining for ditlerettt state .and focal law enforccmt~t audit.-nccs, inc1ud1ng dt.,>ilrtment leadt.-rshipt human resuuroest and hiring otl1chds (including those in Civil Service Commissions who otlen design police hiring critetia)1 union leadership~ attd 1ndi\•iduat officers. The EEOC vril l also continue evaluating charge and EEo .. 4 data for outreach and systemic administrative aud legal ~1d~1rc,ement ,lpportunitfos.. We encourage the Ta.sk Force to: I , ltwite orc11 and ,vrittm testimony on rccmitmentt hiring, and promotion practices that promote equal employment opportunity in policing; 2~ Ex~mine tbe, qualities tleed~d to be a ~ccessful police officer and identify· relevant se1ection pra~fices; J~ Encourage additional research to quantii)r the benetlts of a diverse pol foe force that retleets the communitv served; 4, Highlight tho~C• d@partmcnts where diversity bas pmVi?n an -effective faw enfbrcemcnl strategy and highHght the approaches taken, as appropriate; and 5, Consider the use ofgmats to assist srn~U and ttdd-sized pulice depat£ments. in cooductiug barrier analyses and taking 1>roadive mc,asures to comply ,-..·ith EEO law and achieve or rm.tintain a diverse \VUrktor<.':C. 5 I , Reconm1rmd experts wh{, can pn::r:afidc oral or written testimony on rectuitn1ent~ hiring; ::md promoti011 practfoei that JmJtnotc equal etnployment OPP9rtunity in policing; and 2.. Subn1it · a. literature review on wurkforce diversity in police depanments, including barriers, best pmcdc.cs~ and job quJ!Hfications. · · .As rcsoutt':CS pmnit, the EEOC can al~o provide the Titsk Force additional infortnaticm on tnrr charge and EE0-4 data. CONCLUSION Th~t1kyoo again for your c-0n~ideratic:m ofthis JC$thnotty and the imp:-.nain role divcr.sity plays in ensuring 21st Century policing that meets the needs of our nation~ The Commission looks forward to woridt1g with you, 6 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS FEBRUARY 2020 1 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS FOREWORD Any encounter between police and community that results in injury or death is not only a tragedy for the person that is injured or killed, it is life-altering for their loved ones and the officers involved, and has a profound impact on the entire community. There have been many firm opinions over the years about why police-involved deadly force encounters persist, and those opinions have grown more intense and more polarized as people’s and communities’ frustration, grief, and anger has grown. This has also made practical solutions for reducing them that can be effectively implemented and widely adopted harder and harder to agree on. In the meantime, people continue losing their lives, survivors’ lives continue being changed forever, communities con- tinue being torn apart, and trust between community and law enforcement continues to fray. We thought it didn’t need to be that way any longer and that we were in a position to do something about it. We began talking about a working group more than a year ago, right after each of us took office. We were, and are, rooted in the premise that we as a state can work through polarization to get to actually implementable steps for reducing deadly force encounters if we bring together people from a broad range of experience and backgrounds who have not been invited or encouraged to talk to each other about it before, and if we commit to really listen to each other and stay at the table when the going gets rough, as we knew it inevitably would. This is something no other state has tried before. We saw an opportunity for Minnesota to set a national model and we took it. Over 50 panelists and community members offered in-person testimony over the course of four hear- ings. We convened hearings in Saint Paul, Mankato, Cloquet, and Brooklyn Park. Dozens of community members spoke of their experiences at three listening sessions in Minneapolis, Bemidji, and Worthington. Additionally, nine email submissions were submitted via the working group website. The working group spent more than 30 hours in deliberations and discussions centered on the recommendations witnesses offered during their testimony. After that many hours of discussion, and sometimes strong disagreement, the 18 members of this working group are proposing, with consensus, 28 recommendations and 33 action steps. They’re not everything that everyone wanted, but they are real, actionable recommendations that, if imple- mented, will reduce police-involved deadly force encounters. We want to thank each and every member of the working group who joined in the spirit of good faith and a desire to make an impact, and kept coming back in that spirit. They have set a model for listening and honoring each other, as well as for wrestling with differences, that Minnesotans can be proud of. We thank everyone who delivered testimony, every way that they delivered it. We especially thank the families of people who have died or experienced deadly force encounters for sharing their grief, pain, resilience, and creativity with us, and for both challenging and encouraging us. These 28 recommendations and the forthcoming report will not just sit on a shelf. It is not an end in itself: it’s merely the end of the beginning of turning these recommendations into reality, building trust, healing, and making sure everyone gets home safe. 2 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS ABOUT THE WORKING GROUP Minnesota Attorney General Keith Ellison and Commissioner of Public Safety John Harrington began discussing the idea of a working group to identify ways to reduce deadly force encounters with law enforcement in early 2019, shortly after each took office. In July 2019, they announced a working group of 16 members that they chose to ensure that a cross-section of community, advocacy, academic, foundation, mental-health, law-enforce- ment, and criminal-justice-system stakeholders were at the table. They also chose members to ensure geographic and racial diversity. After the first all-day hearing in August 2019, they expanded the working group by two members, to respond to community testimony that disability and autism advocates were not represented. These 18 members stayed at the table through the duration of the working group. The working group was designed as a platform for members to listen to and learn from Minnesota- based and national researchers, experts, advocates, and each other, and especially those most directly involved in deadly force encounters: families whose loved ones lost their lives in police-involved deadly force encounters; officers themselves, their families, and their agencies; and those tasked with investi- gating and prosecuting such cases. The goal of the working group was to make actionable recommen- dations to all parties and communities that, if imple- mented, will reduce deadly force encounters with law enforcement. The working group held four all-day public hearings and three evening listening sessions around Minne sota between August 2019 and January 2020. Attorney General Ellison and Commissioner Harring - ton also met privately with family members who lost loved ones in police-involved deadly force encounters. The hearings were open to the public in a variety of ways. The public was invited to speak during the public-comment sessions at the conclusion of each hearing and during the listening sessions, and to submit written testimony to inform the deliberations of the working group. In addition, the working group responded to community feedback by establishing a session at the beginning of each all-day hearing to receive testimony from families affected by police- involved deadly force encounters. The Department of Public Safety set up a web portal at https://dps.mn. gov/divisions/co/working-group/Pages/default.aspx to provide the public with full access to hearings, agendas, submitted testimony (written and oral), and a mechanism for submitting public testimony to the working group online. All hearing and listening ses- sions were live-streamed, videotaped, transcribed, and posted to the website. Meeting summaries were also prepared and posted for each of the four hearings, and are provided in the appendix of this document along with the hearing agendas. 3 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS MEETINGS HELD July 22, 2019 Press Conference Announcement of Working Group Department of Public Safety, Saint Paul, MN Aug. 17, 2019 Public Hearing 1 State Capitol, Saint Paul Sept. 9, 2019 Working Group Discussion 1 Wilder Foundation, Saint Paul Sept. 28, 2019 Public Hearing 2 Minnesota State University, Mankato Oct. 9, 2019 Working Group Discussion 2 Wilder Foundation, Saint Paul Oct. 17, 2019 Public Hearing 3 Fond du Lac Tribal and Community College, Cloquet Each all-day public hearing was broadly organized around one of four themes: 1) Investigation, Over- sight and Accountability; 2) Prevention, Training, and Officer Wellness; 3) Policy and Legal Implications; 4) Community Healing and Mental Health. During the public hearings, working group members had the opportunity to ask questions of testifiers, includ- ing affected families and the general public. Their focus in questioning was to get at the concrete actions that they could recommend to reduce or mitigate police-involved deadly force encounters. Working group members early on came to consensus on the five pillars of their mandate: 1) Community healing and engagement; 2) Prevention and training; 3) Investigations and accountability; 4) Policy and legal implications; 5) Officer wellness. They also established four criteria for developing recommendations: 1) It falls within the mandate of the working group; 2) It is likely to have an impact on reducing deadly force encounters; 3) It is actionable, with identifiable steps; 4) It addresses community and law-enforcement concerns. PUBLIC HEARING AND DELIBER ATION FORMAT Note: The Working Group developed the recommen dations and action steps between August 2019 and February 2020. The Working Group as a whole neither supports nor opposes any pending legislation that may be related to the recommendations and action steps. Nov. 7, 2019 Working Group Discussion 3 The Minneapolis Foundation, Minneapolis Dec. 5, 2019 Listening Session 1 Sabathani Community Center, Minneapolis Dec. 17, 2019 Listening Session 2 Bemidji State University, Bemidji Dec. 19, 2019 Listening Session 3 Worthington High School, Worthington Jan. 6, 2020 Public Hearing 4 North Hennepin Community College, Brooklyn Park Jan. 9, 2020 Working Group Discussion 4 The Minneapolis Foundation, Minneapolis 4 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS RECOMMENDATIONS AND ACTION STEPS All law enforcement agencies and their communities should increase meaningful police com- munity relations through genuine listening and positive actions, particularly during critical incidents such as police-community deadly force encounters. Action Step 1.1.1 Peace Officer Standards and Training Board (POST), working with a collaborative group of stakeholders, should develop education, awareness and training materials to educate law enforcement agencies on model practices in communi- cation, transparency and openness that can improve effective police community interactions. Action Step 1.1.2 Local and tribal law enforcement agencies should provide effective communication and trauma-informed training to all law enforcement public information officers (PIOs) or any other staff involved in communications with the public, especially during critical incidents. Action Step 1.1.3 All local jurisdictions should consider using tools such as “A Strategic Resource for Mayors on Police-Involved Shootings and In-Custody Deaths” prepared by Cities United or resources from the League of Minnesota Cities on how to effectively manage the dynamics of officer-involved shootings and in-custody deaths before, during, and after an event in order to increase public confidence in the system. Tribal agencies and Sheriff’s offices may find additional resources specific to their unique challenges through their own associations. Action Step 1.1.4 The Department of Public Safety should prepare educational materials for the public and officers on how to handle traffic stops when people are legally carrying a con- cealed firearm on their person or in the car. COMMUNITY HEALING AND ENGAGEMENT RECOMMENDATIONS AND ACTION STEPS1 RECOMMENDATION 1.1 5 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS RECOMMENDATIONS AND ACTION STEPS State, tribal, and local governments should increase their investment in community-based mental health and trauma-informed services statewide. Action Step 1.2.1 State, tribal, and local governments should implement trauma-informed, culturally- appropriate community healing models. Models should train and equip local commu- nity healers, facilitate community dialogues, and address historical racial trauma, as well as concentrated community and individual trauma, that results from police- involved deadly force encounters. Action Step 1.2.2 All law enforcement agencies should train officers to be aware of the impact of current and historical racial trauma in communities and how to reduce additional trauma through officer actions. This includes how to treat people at the scene of an incident, make appropriate referrals, conduct interviews, demonstrate empathy, listen, and refer people to trauma-informed services. The Department of Public Safety should take steps to ensure that the families of those involved in police-involved deadly force encounters are treated respectfully, provided timely inform- ation on a consistent basis, and given access to appropriate resources and services. Action Step 1.3.1 The Department of Public Safety should establish a Family Liaison position to interact directly with the affected families of those involved in police deadly encoun- ters. This position will ensure families are treated with dignity and respect, keep the families informed in a timely and consistent manner, and refer the families to available services. The Department of Public Safety should work with the chiefs’ and sheriffs’ associations, police unions, local officials, and community representatives to promote more effective models of neighborhood policing that focus on proactive policing and problem-solving through engaging the community rather than responding only to calls for service. Action Step 1.4.1 Local law enforcement agencies should seek regular feedback from their communi- ties on their performance, interactions, and treatment through surveys, focus groups, complaint mechanisms, social media platforms, etc. RECOMMENDATION 1.2 RECOMMENDATION 1.3 RECOMMENDATION 1.4 6 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS RECOMMENDATIONS AND ACTION STEPS The Office of the Attorney General and Department of Public Safety should work with key stakeholders to create a joint permanent component or Office to serve as “Minnesota’s Peace- maker” (similar to the federal Office of Community Relations Services in the U.S. Department of Justice). The component would have the authority and responsibility to work with communi- ties in conflict by mediating disputes, enhancing community capacity to independently prevent and resolve future conflicts and undertake restorative practices. The Office would work with community groups, public officials, law enforcement, and other relevant stakeholders to promote healing and restoration, resolve community conflicts arising from highly-charged incidents, and prevent and respond to alleged hate crimes involving the targeting of individuals based on their race, color, national origin, gender, gender identity, sexual orientation, religion, or disability. RECOMMENDATION 1.5 7 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS RECOMMENDATIONS AND ACTION STEPS Local law enforcement agencies should work with community partners to engage them in the standards, expectations, and recruitment of officers that know their local communities and increase the diversity of their workforce. Action Step 2.1.1 The Peace Officer Standards and Training Board (POST) should develop and provide guidance to local governments regarding recruitment, hiring, retention, promotion, and special-assignment practices in order to achieve workforce diversity that reflect the Minnesota context. Local governments should partner to adopt co-responder and other models that improve outcomes for people with developmental/physical/intellectual disabilities or who are in mental-health crisis during interactions with law enforcement. Action Step 2.2.1 The State of Minnesota should provide incentives, funding, and support for local governments to implement co-responder or crisis-response teams. Action Item 2.2.2 Explore and pilot technology solutions to increase dispatcher/law enforcement access to information that can better inform their level of knowledge related to The person they are responding to if there are disabilities, developmental disabilities, or mental-health conditions involved. Voluntary participation and protection of privacy are key issues that must be addressed as part of implementing new technologies. Ensure that all law enforcement agencies are trained in de-escalation tactics and skills (time, cover, distance) in order to reduce use-of-force, especially when responding to persons in crisis. Explore the non-disciplinary use of body camera video and simulator scenarios to identify training to improve officer performance through proactive coaching/mentoring and training in de-escalation tactics. PREVENTION AND TRAINING RECOMMENDATIONS AND ACTION STEPS RECOMMENDATION 2.1 RECOMMENDATION 2.2 RECOMMENDATION 2.3 RECOMMENDATION 2.4 2 8 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS RECOMMENDATIONS AND ACTION STEPS The Legislature should expand law enforcement training funding and ensure consistent implementation statewide, including across rural and smaller agencies. The appropriation sunset for training funds should be removed and current funding levels and requirements for training maintained. Action Step 2.5.1 Every full- and part-time peace officer in Minnesota should be trained in crisis intervention and mental health crises; conflict management and mediation; and recognizing and valuing community diversity and cultural differences that includes implicit bias training. The Legislature should incorporate the current expansion of funds into the State base budget to meet this goal. Action Step 2.5.2 The Legislature should require the inclusion of procedural justice and historical community trauma as part of the existing community diversity and implicit bias training requirements. Officers and dispatchers should have the skills to recognize and respond appropriately to people with developmental, physical, and intellectual disabilities, and refer them to appro- priate resources for follow-up, care, and support. Action Step 2.6.1 Law enforcement agencies should include components on crisis intervention, mental health, and developmental, physical, and intellectual disabilities in basic recruit training and in-service training. These training components should be developed with input and collaboration from people with developmental, physical, and intellectual disabilities. The Legislature should fund the inclusion of dispatchers in this training. Local governments, law enforcement agencies, foundations, and community-based organi- zations should work with the Minnesota Chapter of the National Organization of Black Law Enforcement Executives (NOBLE) to expand dissemination of ‘The Law and Your Community’ for youth and communities. This should include an emphasis on the role of community in working with law enforcement to improve public safety. RECOMMENDATION 2.5 RECOMMENDATION 2.6 RECOMMENDATION 2.7 9 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS RECOMMENDATIONS AND ACTION STEPS Create an independent and specialized investigation unit within the Bureau of Criminal Apprehension (BCA) with the authority to investigate all officer-involved shootings and uses of force that result in death or severe bodily injury. This recommendation does not prohibit other authorized investigative agencies from conducting these investigations. Action Step 3.1.1 This unit shall work on police-involved deadly force cases. The agents assigned to the unit will not have a conflict of interest with involved officers or their agencies. Action Step 3.1.2 The Department of Public Safety should conduct a review of its existing staffing and structure and identify what resources and structural changes are needed to create a specialized unit with the BCA that does not, as a matter of course, work closely with local law enforcement. Action Step 3.1.3 The State Legislature should provide the funding necessary for this unit. The Attorney General and the Minnesota County Attorneys Association should continue working together to discuss and develop ideas for how the Attorney General’s Office can be supportive and engaged around deadly-force encounters in terms of expertise, resources, conflicts, jurisdiction, or other issues. INVESTIGATIONS AND ACCOUNTABILITY RECOMMENDATIONS AND ACTION STEPS RECOMMENDATION 3.1 RECOMMENDATION 3.2 3 10 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS RECOMMENDATIONS AND ACTION STEPS Review current statutes relevant to body worn cameras based on emerging concerns related to transparency and accountability of police-involved deadly force encounters. Action Step 3.3.1 Law enforcement agencies using body worn cameras should proactively re-engage the public in periodic reviews of body worn camera practices and policies once implemented to ensure public transparency and accountability. Action Step 3.3.2 The Legislature should research and evaluate the impact of body worn cameras by 2022. If the evidence suggests they contribute to public safety and community trust, and provide value in deadly force encounters, the Legislature should encourage and fund the full implementation of body worn cameras statewide, understanding that communities have local autonomy on the choice to adopt body worn cameras. Establish a formal, protected, non-disciplinary Sentinel Event Review process similar to the National Transportation Safety Board (NTSB) to review critical incidents and identify systemic issues that need to be addressed to improve outcomes in law enforcement, including deadly force encounters. Action Step 3.4.1 The State of Minnesota should review similar processes already in place in Minnesota such as the Infant Mortality Review Board and determine the best format to adopt for use statewide. This should include a review of other state models and lessons learned. Local communities and law enforcement agencies should implement customized models of community involvement that increase communication, input, and engagement of the public in establishing openness, listening, and transparency between the public and the law enforcement. The State of Minnesota should work with key stakeholders to explore options to address public concerns about closed cases of police-involved deadly force encounters, such as an Ombuds- man and Office of Inspector General. RECOMMENDATION 3.3 RECOMMENDATION 3.4 RECOMMENDATION 3.5 RECOMMENDATION 3.6 11 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS RECOMMENDATIONS AND ACTION STEPS The State of Minnesota, working with law enforcement and community stakeholders, should review the existing use-of-force standards and statutes and recommend any revisions necessary to ensure there is a focus on the sanctity of life, as well as standards that require that the use-of-force be reasonable, necessary, and proportionate. All police agencies should adopt use-of-force policies that, at a minimum: n Make sanctity of life a core organizational value. n Require officers to de-escalate when such effort does not compromise officer safety. n Require force used by officers to be reasonable, necessary, and proportionate. n Hold officers accountable to use sound tactics, such as time, distance, and cover, to reduce the need to use force. n Require officers to intervene, when appropriate and safe, when witnessing unreasonable use of force. n Require officers to report all incidents of unreasonable use of force to a supervisor. Action Step 4.2.1 The Peace Officer Standards and Training Board (POST) should update the training curricula and capacity of certified colleges and training institutions to deliver updated use-of-force training components to include sanctity of life, proportion ality, imminent threat, de-esca lation tactics, self-defense, communication skills, and rendering aid. POLICY AND LEGAL IMPLICATIONS RECOMMENDATIONS AND ACTION STEPS RECOMMENDATION 4.1 RECOMMENDATION 4.2 4 12 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS RECOMMENDATIONS AND ACTION STEPS The Department of Public Safety and Peace Officer Standards and Training Board (POST) shall convene focus groups and experts to discuss strategies to increase the role of the POST Board to approve, suspend, or revoke officer licenses at the Chief Law Enforcement Officer’s request in order to strengthen accountability and transparency of officers who violate State standards. Establish a data-collection and reporting system that tracks all police-involved deadly force encounters. Action Step 4.4.1 Require all law enforcement agencies to report all deadly force encounters and uses of force resulting in serious or great bodily harm or death to the Bureau of Criminal Apprehension (BCA) for inclusion in the FBI’s national Use-of-force database. All law enforcement agencies should institute a policy that mandates officers to render immedi- ate medical aid to gunshot victims, including those injured during an officer-involved shooting, as soon as safely possible. Action Step 4.5.1 The Legislature should provide financial support for all agencies in the state to equip officers with first aid kits that include a tourniquet and QuikClot. Action Step 4.5.2 All law enforcement agencies should adopt a policy that requires officers receive first-aid training. RECOMMENDATION 4.3 RECOMMENDATION 4.4 RECOMMENDATION 4.5 13 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS RECOMMENDATIONS AND ACTION STEPS The Legislature should pass a carefully crafted privacy protection (protected conversations) for peer-support programs for first responders, modeled after other state model policies that protect therapeutic debriefings and individual counseling sessions led by certified peer counselors. All law enforcement agencies should implement an Early Intervention Program (EIP) for officers and dispatchers that is designed to identify problem behaviors at the earliest possible stage so that intervention and support can be offered in a non-disciplinary manner. Law enforcement agencies should adopt data practices that promote transparency, openness, and accountability. This includes collecting, analyzing, translating, and publishing data to create clear and accurate knowledge about the nature of police-community interactions, use of force, and police-involved deadly force encounters. Action Step 4.8.1 Particular care should be taken to articulate in policy and execute in practice those privacy protections regarding the release of information related to victims, victims’ families, involved officers, and officer families. RECOMMENDATION 4.6 RECOMMENDATION 4.7 RECOMMENDATION 4.8 14 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS RECOMMENDATIONS AND ACTION STEPS Expand resources, and increase statewide awareness of existing resources, to improve the mental health and wellness of first responders and dispatchers. Action Step 5.1.1 The Department of Public Safety should develop and promote a comprehensive Officer Mental Health and Wellness tool kit to promote officer resilience, ability to manage exposure to trauma, and improve physical and mental health outcomes. Action Step 5.1.2 The Department of Public Safety should work with the Peace Officer Standards and Training Board (POST), law enforcement, dispatch professional associations, and unions to establish a confidential referral mechanism, similar to “Lawyers Concerned for Lawyers,” to encourage peer reporting and referral to address suicide prevention and mental health and wellness. Action Step 5.1.3 The Department of Public Safety should create an officer safety and wellness working group to monitor officer safety and wellness throughout the state, and work with the Peace Officer Standards and Training Board (POST), law enforcement unions, and police chiefs’ and sheriffs’ associations to identify any patterns and trends. For example, this group should review the Law Enforcement Mental Health and Wellness Report to Congress to identify models that can be incorporated into a tool kit for law enforcement agencies throughout the state and recommend ways to implement relevant recommendations. Action Step 5.1.4 The Department of Public Safety and law enforcement stakeholders should work with the Legislature to develop funding to incentivize and evaluate effective officer resilience, mental health, and wellness programming similar to the existing training reimbursement fund. Action Step 5.1.5 All peace officers should receive confidential mental health and wellness check-ins every three years. Mental health and wellness check-ins should also be done after significant incidents. A significant incident would involve use of a Critical incident Stress Management Debriefing Team and/or a determination by the chief law enforce- ment officer that the peace officer had significant involvement in the incident. Action Step 5.1.6 The Legislature should provide funding incentives for agencies to address barriers in providing officers access to mental-health checks similar to the current training reimbursement fund. OFFICER WELLNESS RECOMMENDATIONS AND ACTION STEPS RECOMMENDATION 5.1 5 15 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS RECOMMENDATIONS AND ACTION STEPS All law enforcement agencies should establish or participate in evidence-informed mental health and wellness programs, such as Peer Support Teams and Crisis Intervention Stress Management (CISM) programs. Action Step 5.2.1 The State of Minnesota and the Department of Public Safety should establish a full-time position to coordinate Peer Support, Critical Incident Stress Management (CISM), and officer safety and wellness efforts statewide. Action Step 5.2.2 The Department of Public Safety should promote, support, and partner with groups that work to address the trauma and stress experienced by peace officer families, using evidence-informed programs and services. RECOMMENDATION 5.2 16 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS HEARING SUMMARIES On Saturday, Aug. 17, 2019, the Working Group on Police-Involved Deadly Force Encounters, co-chaired by Minnesota Attorney General Keith Ellison and Commissioner of Public Safety John Harrington, hosted the first public hearing, titled Investigations, Oversight and Accountability, at the State Capitol. The working group convened at 9:00 a.m. A group of protestors raised concerns about the formation and makeup of the working group and the ongoing number of police-involved shootings. The working group listened to the concerns expressed by those present for about an hour and then adjourned. The meeting was re-convened later in the day. Due to a shortened timeframe, not all planned Opening Remarks from Co-Chairs Introduction of Working Group Members Role of Prosecutors in Deadly Force Investigations Local County Attorney: Mike Freeman, Hennepin County Local County Attorney: John Choi, Ramsey County Federal Law: Anders Folk, First Assistant US Attorney National Perspective Allison Goldberg, Institute for Innovation in Prosecution John Jay, College of Criminal Justice Police Deadly Force Encounters — Perspectives from Community Valerie Castile, Mother of Philando Castile Wanda Johnson, Mother of Oscar Grant Deadly Force Investigations — Challenges and Perspectives from Law Enforcement Minnesota Chiefs of Police Association: Police Chief Brad Wise, City of Coon Rapids Minnesota Sheriffs’ Association: Sheriff Tim Leslie, Dakota County Bureau of Criminal Apprehension (BCA) Investigative Process Superintendent Drew Evans, Minnesota Bureau of Criminal Apprehension (BCA) presenters were able to address the working group; some were rescheduled to a later hearing. The following panels presented testimony; videos of the hearing are available on the MN DPS website, as are copies of written remarks or materials provided by the speakers. The hearing began with presentations by Wanda Johnson, mother of Oscar Grant; and Valerie Castile, mother of Philando Castile as part of Panel A: Police Deadly Force Encounters—Perspectives from the Community. Both lost sons to police deadly force encounters. Their testimony provided insights into HEARING ONE AGENDA AND SUMMARY 17 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS HEARING SUMMARIES the extended impact of police deadly force encounters on family members and the affected communities. The Role of Prosecutors in Deadly Force Investi- gations (Panel B) was led by Allison Goldberg, policy advisor for the Institute for Innovation in Prose cution (IIP). She introduced the Prosecutor’s Tool Kit on Deadly Police Encounters and a link to the IIP web- page with a series of best practices and recommen- dations for actions to be taken by prosecutors to improve investigations and prosecution of deadly force encounter cases. She was followed by Michael Freeman, Hennepin County Attorney; John Choi, Ramsey County Attorney; and Anders Folk of the U.S. Attorney’s Office. They each reflected on the role of the prosecutor and made specific rec- ommendations to improve investigations and prose- cution of these cases. The third panel focused on the law enforcement perspective on deadly use of force, with testimony by Coon Rapids Police Chief Brad Wise and Dakota County Sheriff Tim Leslie. They each provided specific recommendations for consideration by the working group. The final presentation was made by Drew Evans, superintendent of the Bureau of Criminal Apprehension (BCA). The BCA oversees the investigations of police-involved deadly force encounters statewide. He reviewed the current state of policy and practice regarding the BCA and provided a detailed PowerPoint that is available on the website for the hearings. Public comment was opened, and testimony was provided by interested parties, including several impacted family members who provided additional detail about their specific concerns with the policies and practices that lead to deadly force encounters, the lack of communication with the affected families, the level of trauma experienced by the loved ones of those killed in police-involved deadly force encounters, and frustrations with the investigation process. The hearing was closed by the co-chairs. All proceedings were live-streamed, recorded on video, and posted to the working group website. 18 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS HEARING SUMMARIES On Saturday, Sept. 28, 2019, the Working Group on Police-Involved Deadly Force Encounters, co-chaired by Minnesota Attorney General Keith Ellison and Commissioner of Public Safety John Harrington, hosted the second public hearing, titled Prevention, Training and Officer Wellness, at Minnesota State University at Mankato. The working group convened at 10:30 a.m. with a panel on Officer Wellness led by Sean Smoot of 21st Century Policing Solutions (21CP Solutions), who reported on the Law Enforcement Mental Health and Wellness Report to Congress and eleven case studies on best practices in officer wellness to improve officer mental health and resilience and ability to respond as trained under stressful Opening Remarks from Co-Chairs Introduction of Working Group Members Invited Testimony by Affected Families Officer Wellness Chief Mike Goldstein, Director of Public Safety/Chief of Police at City of Plymouth Sean Smoot, 21st Century Policing Solutions Prevention and Training Ellie Wilson and Jillian Nelson, Autism Society of Minnesota Steve Wickelgren, CIT Officers Association Clinical Officer Prevention and Training (Part 2) Capt. Kevin Lutz, Camden County Police Department and Integrated Communication, Assessment and Tactics (ICAT) Trainer • PERF 30 Guiding Principles for Use of Force • Camden Use of Force Principles BCA Investigative Process (Part 2) Superintendent Drew Evans, Minnesota Bureau of Criminal Apprehension (BCA) Invited Testimony by Affected Families and Public Comment situations. He was followed by Chief Mike Goldstein, who is also director of public safety for the City of Plymouth. Chief Goldstein spoke to the importance of addressing the stress of the job and cumulative exposure to trauma that results in negative health outcomes for officers through intentional mental health and wellness strategies. The second panel focused on Prevention and Training, with testimony by Jillian Nelson and Ellie Wilson of the Autism Society of Minnesota and Steve Wickelgren, CIT Officer Association of Minnesota. Nelson addressed the disproportionate impact of police-involved deadly force encounters. As many as 50 percent involve HEARING TWO AGENDA AND SUMMARY 19 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS HEARING SUMMARIES people with mental health or disabilities, raising concerns about the training of officers to recognize mental health and disabilities and the protocols for response. Wickelgren spoke about crisis intervention training (CIT) to better equip officers to recognize and respond to mental health situations. The third panel was anchored by Capt. Kevin Lutz of the Camden County Police Department, who described a national best practice in reducing police-involved deadly force encounters. Over the last six years, the CCPD has reduced officer-involved shootings from 65 to one per year through a number of policy changes, training, and protocols, beginning with a focus on sanctity of life and integrated communication, assessment and tactics protocols (ICAT) that help officers slow things down, back off, and reduce officer-created jeopardy situations. Copies of their training and protocols are provided in the resources on the working group website. The final presenter was again Drew Evans, superin- tendent of the Bureau of Criminal Apprehension (BCA), who described the investigative process that the BCA uses for police-involved deadly force cases. Invited testimony of affected families was provided by several family members who detailed their concerns about the causes of deadly force encoun- ters, lack of emphasis on community well-being and resources for the families of those killed by police, and concerns about BCA investigations. The hearing was closed by the co-chairs. All pro- ceedings were live-streamed, recorded on video, and posted to the working group website. 20 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS HEARING SUMMARIES On Thursday, Oct. 17, 2019, the Working Group on Police-Involved Deadly Force Encounters, co-chaired by Minnesota Attorney General Keith Ellison and Commissioner of Public Safety John Harrington, hosted the third public hearing, titled Policy and Legal Implications, at Fond du Lac Tribal and Community College in Cloquet, MN. The hearing was opened at 9:00 a.m. with a blessing by Fond du Lac elder Ricky Defoe.The hearing began with a presentation by Nate Gove, executive director Blessing Ricky Defoe, Fond du Lac elder Acknowledgements/Welcome Introduction of Working Group, Co-chairs Invited Testimony of Affected Families Role of POST in Training AND Licensing Nate Gove, Executive Director, Minnesota POST Board Technology Policy Implications Part 1 Superintendent Drew Evans, MN BCA, Retention, access, release, and viewing of body camera video during an active investigation Technology Policy Implications Part 2 Irene Kao, Intergovernmental Relations Counsel, League of Minnesota Cities Sheriff Pat Eliasen, Cook County Use of Force, Legal and Policy Christy Lopez, Constitutional Law, Georgetown University Graham v Connor, CA AB392, Proportionality Fred Bruno, Attorney Disparities in Policing and Data as a Tool Chris Burbank, Center for Policing Equity, National data and what it tells us about race and disparities in policing, officer-involved shootings Jon Roesler, Surveillance, Epidemiology and Analysis (SEA) Unit, Minnesota Department of Health Police Involved Fatality Data Invited Families Testimony and Public Comment of the Minnesota Peace Officer Standards and Training (POST) Board, on the role of the POST Board in estab- lishing officer standards and training requirements. Minnesota is unique in that it certifies higher education facilities to deliver the standard training requirements for police officers. The working group asked numer- ous questions about the standards for both hiring and training content. HEARING THREE AGENDA AND SUMMARY 21 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS HEARING SUMMARIES Superintendent Drew Evans, of the Bureau of Criminal Apprehension (BCA) followed with a presentation on the policy implications for the use of technology, particularly body cameras, which bring new resources to improve transparency, accountability and training. But they also bring specific challenges and costs that need to be addressed. The third panel also addressed technology policy implications, but from a local law enforcement and local government perspective. Irene Kao, intergovern- mental relations counsel for the Minnesota League of Cities, led off with a detailed policy analysis and review of the body camera legislation passed after significant input and negotiations. Sheriff Pat Eliason of Cook County spoke to the challenges that rural counties face when considering body cameras. The costs go far beyond the purchase of the cameras to include the cost of properly collecting, storing and managing the data. Irene Kao also emphasized that the costs go beyond the law enforcement agen- cy, imposing increased costs on the courts and prosecutors’ offices. Legal and policy implications of use of force were addressed through presentations by Fred Bruno, an attorney who often represents law enforcement officers; and Christy Lopez, a constitutional law professor at Georgetown University. Bruno addressed police rights and due process in deadly force encoun- ters, a big question being why officers are told to wait to give their statements and whether they should be able to view the video before or after providing their statements or being interviewed by investigators. Lopez provided testimony on the movement to change policies that address proportionality and when deadly force is justified with a higher standard emerging that is currently being applied under the Graham v. Connor decision. The final panel addressed disparities in policing and data as a tool to help understand and monitor progress. Chris Burbank, with the Center for Policing Equity, spoke about the work they are doing with the Minneapolis Police Department and Chief Arradondo through the Data Transparency Model to use data to better measure factors that get at the consistency and fairness with which police tactics are applied and how to get at systemic issues that contribute to disparate outcomes between racial and ethnic groups. He was followed by Jon Roesler with the Surveillance, Epidemiology and Analysis (SEA) Unit at the Minnesota Department of Health. Mr. Roesler reviewed the data sources available to track police-involved fatality data in Minnesota. The meeting concluded with invited testimony of affected families and other public comment. The hearing was closed by the co-chairs. All proceedings were live-streamed, recorded on video, and posted to the working group website. 22 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS HEARING SUMMARIES Opening remarks and time available for impacted families Community Healing Renee Gurneau, Anishinaabe Knowledge Institute Mark Anderson, Barbara Schneider Foundation and Indigenizing CIT (via pre- recorded video) LeMoine LaPointe, Indigenizing CIT Dr. Joi Lewis, Joi Unlimited (via pre-recorded video) Shaundelle Darris, Hersiliency Resources for Local Jurisdictions and Communities Anthony Smith, Executive Director, Cities United A Strategic Resource for Mayors on Police-Involved Shootings and In-Custody Deaths http://citiesunited.org/wp-content/uploads/2017/09/A-Strategic-Resource-for- Mayors-on-PoliceInvolved-Shootings-and-In-Custody-Deaths-2017.pdf Booker Hodges, President, Minnesota Chapter of the National Organization of Black Law Enforcement Executives (NOBLE) William Blair Anderson, Police Chief; Saint Cloud, MN The Law and Your Community https://noblenational.org/noble-programs/the-law-your-community/ County Attorneys Mike Freeman, Hennepin County Attorney John Choi, Ramsey County Attorney 1:45-3:15 Mental Health and Autism Sue Abderholden, Executive Director, National Alliance on Mental Illness — Minnesota (NAMI-MN) Noah McCourt, Autism Advocate Mike Vandervort and Rich Flaten, Metro Crisis Incident Stress Management (CISM) Team Affected Law Enforcement Families Affected Law Enforcement Family Member MN Chapter Concerns of Police Survivors Arbitration James Michels, Law Enforcement Labor Attorney, Rice, Michels & Walther LLP Isaac Kaufman, General Counsel, Law Enforcement Labor Services Invited Families Testimony and Public Comment HEARING FOUR AGENDA AND SUMMARY 23 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS HEARING SUMMARIES On Monday, Jan. 6, 2020, the Working Group on Police-Involved Deadly Force Encounters, co-chaired by Minnesota Attorney General Keith Ellison and Commissioner of Public Safety John Harrington, hosted the fourth public hearing, which focused on community healing; mental health; prosecution; arbitration; resources for local jurisdictions and communities; and testimony from affected law enforcement families, families affected by police- involved deadly-force encounters, and the public in Brooklyn Park at the North Hennepin Community College Prevention. The working group convened at 9:00 a.m. with testimony from Priscilla Fairbanks, a mother who lost her only son in a police-involved deadly force encounter in 2019. She shared the heartbreaking loss and the confusion over why deadly force was required when he was already on the ground being held by a police dog. She made several recommen- dations to address officer training, recruitment, hiring, monitoring and firing protocols. The first panel focused on community healing, with testimony provided by Renee Gurneau with the Anishinaabe Knowledge Institute; Mark Ander- son (pre-recorded) and LeMoine LaPointe with the Barbara Schneider Foundation; Dr. Joi Lewis with Joi Unlimited; and Shaundelle Darris with Hersili- ency. Gurneau provided an overview of the historical trauma experienced by indigenous people and efforts to restore the path of life where the mind and heart work together through recovering their language, culture and spiritual foundation. Mark Anderson and LeMoine LaPointe provided an overview of efforts to indigenize the Crisis Intervention Team (CIT) model through a four-phase community engagement process that involves the entire community in the process of four dialogue sessions focused on Discover, Dream, Design, and Deliver as a way to deeply address underlying community priorities and solutions. Dr. Lewis (pre-recorded) addressed the need to focus on and fund the infrastructure to build the capacity for community healing in the face of trauma, including police-involved deadly force encounters, through meditation, mindfulness, emotional liberation and conscious movement. Darris described her efforts to improve community healing by establishing Hersiliency, a program to address mental health and wellness for communities of color and provide cultural sensitivity trainings to dismantle racial inequities. Each of the speakers made specific recommendations to address community healing. The second panel focused on resources for local jurisdictions and communities, with presentations by Anthony Smith, Executive Director of Cities United; Booker Hodges, the President of the MN chapter of the National Organization of Black Law Enforcement Executives (NOBLE); and Chief William Blair Anderson, City of St. Cloud, MN. Smith shared the background behind the creation of Cities United to address the needs of African American boys and young men and reduce the violence that impacts them. He explained that former Minneapolis Mayor Betsy Hodges worked with Cities United to develop a tool for mayors and cities to use to better respond to police-involved deadly force encounters and in- custody deaths. Smith shared the key lessons from their publication, “A Strategic Resource for Mayors on Police-Involved Shootings and In-Custody Deaths.” The NOBLE presentation focused on “The Law and Your Community,” a national one-hour course to educate high school students and their parents on citizenship, law literacy and law enforcement engage- ment. Hodges and Anderson also shared how New Jersey has created an adapted version for a state- wide curriculum that is being disseminated through 24 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS HEARING SUMMARIES the schools to reach all youth and is making efforts to develop a middle school model without a driving component. The third panel was anchored by Michael Freeman, Hennepin County Attorney and John Choi, Ramsey County Attorney. Freeman shared an updated pro- tocol his office is developing to address officer use of force. He provided a copy of the current draft of the policy and reiterated his support for the original nine suggestions he made during Hearing 1, and he provided an update on additional key learnings since then. His staff provided a detailed review of areas they think need more attention with specific recommendations. During Q&A, both Freeman and Choi responded to questions about how to improve the transparency and openness of the prosecution of police-involved deadly force cases while protecting the due process rights of officers. Both agreed that they would be willing to explore creating a Special Prosecutor Unit within the Attorney General’s Office to handle these cases statewide to ensure objectivity and the level of expertise needed to effectively prosecute such cases. Testimony also identified that for Hennepin County, 100 percent of the 15 cases since 2015 have had incomplete training and personnel records. This needs to be addressed through better local agency protocols. The fourth panel addressed mental health and autism with presentations by Richard Flaten and Mike Vandervort of the Metro Crisis Incident Stress Management Team (CISM); Sue Abderholden, exec- utive director of the National Alliance for Mental Illness-MN (NAMI); and Noah McCourt, autism advocate. The Metro CISM Team presented an overview of officer mental health best practices, including peer support teams. They recommended the legislature adopt privacy protection legislation for peer support conversations so that peer supporters cannot be called to provide evidence in court cases related to protected conversations. They also recom- mended the review and adoption of the 22 recom- mendations in the Law Enforcement Mental Health and Wellness Report to Congress. Abderholden provided testimony addressing the areas of concern and recommendations of NAMI to improve services and interventions with people experiencing mental health episodes. NAMI would prefer officers to be trained in CIT but not to assume that means they can provide mental health clinical services. NAMI recom- mends including mental health professionals as part of the response team, and would prefer that mental health episodes be responded to by a mental health team rather than officers. McCourt provided an over- view on the impact of the Americans with Disabilities Act (ADA) on police-community interactions. He recommended further exploration of the voluntary Vitals App that can alert law enforcement officers if a person has provided information about their mental health status to improve informed interactions. The fifth panel focused on the testimony from two affected law enforcement families to present the reality that a police-involved deadly force encounter has repercussions on officers, their families and their agencies. The first speaker was a mental health professional whose husband is a police officer who shot and injured a suspect to prevent himself from being seriously injured during an altercation. She spoke to the impact on the entire family, the process he went through during the investigation, and the services that were provided to the family. The second presenter addressed a different scenario where a loved one who was an officer was killed in the line of duty during an execution-type attack by two teens. She described the ongoing impact over many years on her family and his. Both made recommendations, including: the need for mental health assessments 25 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS HEARING SUMMARIES for officers on an annual basis; mandated therapy after all critical incidents; training for families and officers to recognize signs of PTSD, depression and suicide; a checklist for what officers and their families really need after a critical incident; support services with a liaison for officers and their families; and legislative funding to enhance police training budgets to do the mental health training. The sixth panel focused on the issue of arbitration and how it affects the ability of law enforcement agencies to fire unsatisfactory officers. James Michels of Rice, Michels and Walther, LLP and Isaac Kaufman of Law Enforcement Labor Services addressed the current system for how and why arbitration for public employees works. Kaufman shared research on the 67 law enforcement arbitration cases since 2006: 55 percent were found in favor of the law enforcement agency. The concern for law enforcement executives is that they are sometimes prohibited by arbitration rulings from firing an officer they feel is unfit or unsafe for duty, thus increasing a potential risk for bad outcomes with the community. The final session was reserved for public testi mony and that of affected families. Chuck Turchik, a community member, spoke about a number of issues, including the need to have more solid data about the nature of the problem before the working group can accurately address the causes, including how many cases, all the demographics and data around the cases, context of the incidents, etc. He emphasized that the follow-up for implementation will be as important as the recommendations for change. The testimony of affected families was provided by Toshira Galloway, Ashley Quinones and Chara Blanch. Recommendations included extending the statute of limitations in filing wrongful death cases from three to six years in situations of police-involved deadly force; establishing a State Inspector General with the authority to open any cases involving police-involved deadly force encounters with no statute of limitations; establish a State Special Prosecutor’s Office to handle police-involved deadly force encounters; and put control of the POST Board into the hands of community representatives to ensure community oversight of police standards and training. The hearing was closed by the co-chairs. All proceed- ings were live-streamed, recorded on video, and posted to the working group website posted below. Materials provided by the presenters are also avail- able at https://dps.mn.gov/divisions/co/workinggroup/ Pages/resources.aspx. 26 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS WORKING GROUP MEMBERS MN ATTORNEY GENERAL KEITH ELLISON (CO-CHAIR) Keith Ellison was sworn in as Minnesota’s 30th attorney general on January 7, 2019. From 2007 to 2019, Ellison represented Minnesota’s 5th Congressional District in the U.S. House of Representatives. He served for 12 years on the House Financial Services Committee, where he helped oversee the financial services industry, the housing industry, and Wall Street, among others. Before being elected to Congress, Attorney General Ellison served four years in the Minnesota House of Representa- tives. Prior to entering elective office, he spent 16 years as an attorney specializing i n civil-rights and defense law, including five years as executive director of the Legal Rights Center. MN DEPARTMENT OF PUBLIC SAFETY COMMIS SIONER JOHN HARRINGTON (CO-CHAIR) John Harrington was appointed by Governor Tim Walz in January 2019 to serve as the Commissioner for the Department of Public Safety for Minnesota. Prior to becoming the Commissioner of Public Safety, Harrington served as the Chief of the Metro Transit Police 2012-2019, helping to create the Homeless Action team and increasing diversity from 5-50%. Commissioner Harrington is a former member of the Minnesota Senate who represented District 67, which includes the East area of Saint Paul. Harrington was the 39th Police Chief for the city of St. Paul Police Department serving from 2004-2010 where he began his police career in 1977. As St. Paul Police Chief, Harrington tackled some of the city’s most difficult problems, resulting in the develop- ment of programs that greatly reduced domestic violence and gang involvement. He also increased the diversity of the police department by 40 percent and worked with the private sector to increase police resources helping to found The Police Foundation and Shop with Cops. MEDARIA ARRADONDO, MINNEAPOLIS POLICE CHIEF Chief Medaria Arradondo is the 53rd Chief of the Minneapolis Police Department. He joined the MPD in 1989 as a patrol officer in the 4th Precinct and worked his way up the ranks before being appointed the Inspector of the First Precinct in 2013. He also served as a School Resource Officer, Northside beat officer, the Commander of the Internal Affairs Unit, Deputy Chief, and Assistant Chief, before being nominated as Chief by the mayor in 2017. Chief Arradondo actively sits on several community boards and is a member of several national and international police associations. Arradondo is a courageous public servant and change agent with a demonstrated talent for building mutually-respectful and trusting relationships with community members and professional policing teams. He served as MPD’s liaison for the National Initiative for Building Community Trust and Justice Organization, overseeing the execution of initiatives on procedural justice, implicit bias, and reconciliation training. His works has helped positively transforming the MPD culture and position the Department as a national leader in police service excellence. CHANDA SMITH BAKER, THE MINNEAPOLIS FOUNDATION Chanda Smith Baker, who joined The Minneapolis Foundation in 2017, is a results-driven leader with 25 years of nonprofit and community experience. She oversees the Foundation’s Community Impact team and its competitive grant making program, which distributes $5 million to $7 million every year to transform education, foster economic vitality, and promote civic engagement in greater Minneapolis-St. Paul. In addition, she provides strategic direction and leadership to the Foundation’s community initiatives and partners with its donors, as well as organizations and leaders across the city and state, to increase their alignment and collective impact. Before joining the Foundation, Chanda spent 17 years at Pillsbury United Communities, where she served in a variety of positions before assuming the role of President and CEO in 2011. CLARENCE CASTILE Clarence D. Castile has been a resident of the Saint Paul Midway community for over 40 years. He is passionate about assisting in developing policies and procedures for the protection of our law enforcement communities, and most especially the citizens. Mr. Castile lost his nephew, Philando Castile to gun violence in July 2016. ELIZER DARRIS, ACLU After being sentenced to natural life in prison as a juvenile and violently struggling for years in adult facilities, Elizer Eugene Darris fought to turn his life around. Self-education became his vehicle of self-discovery and through it, his life was redeemed. Currently, he serves on multiple Boards and advocates for social justice and criminal justice reform. He is the Field Organizer with the American Civil Liberties Union of Minnesota (ACLU-MN) and leads the Smart Justice Campaign. 27 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS WORKING GROUP MEMBERS 28 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS WORKING GROUP MEMBERS MATT GOTTSCHALK, DIRECTOR OF PUBLIC SAFETY, CORCORAN Director Matt Gottschalk has worked in law enforcement for 18 years and currently serves as the Director of Public Safety for the City of Corcoran. He has previously served the communities of Mankato and Staples. He holds a Master’s Degree in Public Administration from Hamline University and serves on the executive boards of the Minnesota Chiefs of Police Association and Hennepin County Chiefs of Police Association. As a police leader, Director Gottschalk has dedicated his efforts to the implementation of community-oriented governance across Minnesota. STATE SEN. BILL INGEBRIGTSEN (R - DOUGLAS/OTTER TAIL COUNTIES) Bill is a 34-year veteran of the Douglas County Sheriff’s Office, including 16 years as the Douglas County Sheriff. Bill is now serving his 3rd term in the Senate District 8, which includes communities across Douglas and Otter Tail counties. HONORABLE MARK KAPPELHOFF, MN FOURTH JUDICIAL DISTRICT Mark J. Kappelhoff is District Court Judge on the Fourth Judicial District Court in Hennepin County, Minnesota. He serves as the Chair of the Hennepin County District Court’s Equal Justice Committee and Co-Chair of the Domestic Violence Steering Committee. Before being appointed to the bench, Judge Kappelhoff spent nearly two decades as a federal prosecutor in the Civil Rights Division of the U.S. Department of Justice, where he served in a number of senior leadership positions, including Deputy Assistant Attorney General and Chief of the Criminal Section. In these positions, he enforced the civil rights laws related to policing practices, hate crimes, and human trafficking. Among his responsibilities, he oversaw the Department’s criminal and civil investigations in Ferguson Missouri, Baltimore, Maryland, and other police departments around the country. He also workedon the Justice Department’s police accountability and criminal justice reform efforts, played an instrumental role in the Department’s efforts to secure passage of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, and co-chaired the Attorney General’s Advisory Group on racial disparities in federal sentencing. 29 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS WORKING GROUP MEMBERS DR. BRITTANY LEWIS Dr. Brittany Lewis is a well-respected community engaged scholar, thought leader, author, professor, and youth action research team leader known for bringing those most often locked out of local decision making processes to the action research table. Dr. Lewis is the Founder and CEO of Research in Action, an urban research consulting firm, and is currently a Senior Research Associate at the Center for Urban and Regional Affairs (CURA) at the University of Minne sota where she is the Principal Investigator of the Illusion of Choice: Evictions and Profit in North Minneapolis report and the Co-Principal Investigator on the recently published report entitled: The Diversity of Gentrification: Multiple Forms of Gentrification in Minneapolis and St. Paul. Dr. Lewis uses a critical race and gender studies lens when looking at the inter sections of poverty, urban housing, policing, and community economic development. STATE REP. RENA MORAN (DFL - ST. PAUL) Representative Rena Moran is the Chair of the Health and Human Services Policy Committee of the Minnesota House of Representatives. She has represented the St. Paul communities of Frogtown, Summit-University, Rondo, Thomas-Dale, and the North End since 2010. As a legislator, she has focused on protecting child welfare, enacting criminal justice reform, and fighting for affordable housing and economic opportunity for all. Moran formerly served as House Deputy Minority Leader and is the current Chair of the People of Color and Indigenous (POCI) Caucus and the United Black Legislative Caucus. She holds a B.S. in Early Child- hood Education from Southern Illinois University and is the Director of Prevention Initiatives and Parent Leadership at Minnesota Communities Caring for Children. Moran is a graduate of the Bush Foundation Fellowship, Humphrey Policy Fellowship, and Henry Toll Fellowship. On a national level, Moran serves as Executive Secretary of the National Black Caucus of State Legislators, Midwest Region Coordinator for the National Organization of Black Elected Legislative Women, and as the Minnesota State Director for both the Women Legislators’ Lobby and the National Foundation for Women Legislators. She is a proud mother of seven and grandmother of eight. JUSTIN PAGE, MID-MINNESOTA LEGAL AID/ MINNESOTA DISABILITY LAW CENTER Justin Page is a staff attorney with Mid-Minnesota Legal Aid/Minnesota Disability Law Center. His practice focuses on disability access and discrimination litigation. He has successfully represented individuals with disabilities in a wide range of disability related cases involving public accommodations and governmental entities. Prior to joining the Minnesota Disability Law Center, he was a law clerk for Judge Pamela Alexander, Fourth Judicial District of Minnesota, and worked as a legislative aide to the late U.S. Senator Paul Wellstone. 30 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS WORKING GROUP MEMBERS PATINA PARK, MINNESOTA INDIAN WOMEN’S RESOURCE CENTER Patina Park is Mnicoujou Lakota and is the President/CEO of the Minnesota Indian Women’s Resource Center (MIWRC), a 35-year culturally grounded nonprofit agency dedicated to providing holistic, multi-service programming grounded in traditional teachings that help to heal, preserve, and strengthen Native American women and their families from the multi-generational trauma impact of settler colonization. Upon graduating from Hamline Law School in 2001, Ms. Park focused her early legal career on advocating for Native American families involved in child protection and private custody cases throughout Minnesota in both state and tribal courts. Ms. Park previously served as an appellate court judge for the Prairie Island Sioux Community and taught Children and the Law and Federal Indian Law at the former Hamline University School of Law, now Mitchell Hamline School of Law. She is married to a 25-year veteran of the St. Paul Police Department and has two children, who like her, are on the autism spectrum. BRIAN PETERS, MINNESOTA POLICE AND PEACE OFFICERS ASSOCIATION Brian Peters became the Executive Director of the Minnesota Police and Peace Officers Association (MPPOA) in June 2019. Prior to becoming the Executive Director, Peters lead Target Corporations Global Crisis Management, Threat Assess- ment and Travel Security Program. Before leaving Target for the MPPOA, Peters served on Target’s Executive Services Team tasked with the Safety and Security of Target’s top Executive Leadership Team. Prior to joining Target, Peters served as a Commander in the City of Brooklyn Center. He joined the department in 1998 as a Community Service Officer, Patrol Officer, sergeant and Commander. Peters is a graduate from the University of St. Thomas with a master’s degree in Police Administration and also has a bachelor’s degree in Political Science from the University of Minnesota, Twin Cities. Peters is a graduate of the FBI National Academy session 251. SARA RICE, MILLE LACS BAND POLICE CHIEF Sara Rice is Chief of Police and an enrolled member of the Mille Lacs Band of Ojibwe. Rice the joined the Mille Lacs Band Police Department in 2001, serving as a Police Officer and Conservation Officer prior to being named Interim Police Chief in 2016 and receiving permanent appointment as Chief in January, 2018. Rice is also a member of the Minnesota POST Board. Rice has lived her entire life on the Mille Lacs Reservation. She attended Onamia High School, received her law enforcement degree from Central Lakes College, and earned a Bachelor of Arts degree in organizational behavior from the College of St. Scholastica. She leads a full-time police department of 23 full-time, POST-certified officers that dates back to 1984. The Mille Lacs Band Police Department has law enforcement authority under federal, state and tribal law. 31 WORKING GROUP POLICE-INVOLVED DEADLY FORCE ENCOUNTERS RECOMMENDATIONS AND ACTION STEPS WORKING GROUP MEMBERS MARK RUBIN, ST. LOUIS COUNTY ATTORNEY Mark S. Rubin was elected St. Louis County Attorney in 2010, after serving as a prosecutor in the office for more than 30 years, handling major criminal cases, including officer involved shootings. Mark is a graduate of the College of St. Scholastica and Hamline University School of Law, now Mitchell Hamline. In 2011, Mark was honored with the Julius Gernes Minnesota State Bar Association Prosecutor Award for Excellence. In 2012, he was awarded the M.A. Johnson Distinguished Service Award by the Minnesota County Attorneys Association, the award demonstrating significant leadership and a commitment to striving to improve the quality of justice while increasing and enhancing public awareness of the office of County Attorney. Mark also enjoys an AV Preeminent Rating from Martindale Hubbell, the highest possible rating in both legal ability and ethical standards. As County Attorney, Mark has been a state- wide co-leader on the issue of protecting girls who have been sexually trafficked, resulting in the successful passage of the Safe Harbor Act. Mark and his wife Nancy reside in Duluth. They have two sons, Anthony and Jeremy, a daughter in-law, Dr. Amanda Webb-Rubin, and two beautiful grandchildren, John Angelo and Julia Lynn. KEVIN TORGERSON, OLMSTED COUNTY SHERIFF Kevin Torgerson currently serves as the Olmsted County Sheriff, Rochester, Minnesota. Sheriff Torgerson began his law Enforcement career with the Hennepin County Sheriff’s Office, Minnesota and has been serving continuously in law enforcement since 1980. He served in the Detention, Warrants, Courts/ Bailiff and Radio (Dispatch) Divisions. In January of 1986, Torgerson transferred to the Olmsted County Sheriff’s Office working in every capacity the Office served its communities. Sheriff Torgerson rose in ranks from deputy, Sergeant and to Captain before being sworn in January 6th, 2015. Torgerson is married with two adult children, one in the medical field and one in education. DR. ARTIKA TYNER Dr. Artika R. Tyner is a passionate educator, author, sought after speaker, and advocate for justice. At the University of St. Thomas, Dr. Tyner serves as founding director of the Center on Race, Leadership and Social Justice and law professor. She is committed to training students to serve as social engineers who create new inroads to justice and freedom. Golden Valley City Council/Manager Meeting July 14, 2020 Agenda Item 4. Human Services Commission and Golden Valley Community Foundation Discussion Prepared By Tim Cruikshank Summary The community of Golden Valley is fortunate to have both a city based Human Services Commission (HSC, established 1992) and Community Foundation (GVCF, establish 2011). However, the roles of the HSC and GVCF have overlapped since inception which has, at times, created confusion and inefficiencies. This was recognized early on and as a result, there is a fairly extensive history of working together to better clarify roles, funding sources, service delivery and overall missions. There have been past discussions of possible merger, sharing and even a partnership that would maximize efficiencies and therefore increase the impact of the much valued and needed services these two organizations deliver to our community. Although some progress has been made, it is during this challenging time for many people that the need for these services and how each organization functions has been highlighted. The purpose of this item is to get feedback from the Council and provide direction to staff. Financial or Budget Considerations Not Applicable REGULAR MEETING AGENDA This meeting will be held via Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. The public may monitor this meeting by watching on Comcast cable channel 16, by streaming on CCXmedia.org, or by calling 1-415-655-0001 and entering the meeting code . The public may participate in this meeting during public comment sections, including the public forum beginning at 6:20 pm, by calling 763-230-7454. Additional information about monitoring electronic meetings is available on the City website. For technical assistance, please contact the City at 763-593-8007 or webexsupport@goldenvalleymn.gov. If you incur costs to call into the meeting, you may submit the costs to the City for reimbursement consideration. 1.Call to Order A.Roll Call 2.Approval of Agenda 3.Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine and will be enacted by one motion. There will be no discussion of these items unless a Commission Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A.Approval of Minutes: 1.Regular Meeting – April 21, 2020 2.Work Session – June 9, 2019 B.Reimbursement of City Expenditures C.Receipt of Quarterly Financial Reports 4.Public Hearing 5.Old Business 6.New Business A.North Wirth Development Agreement Amendment 7.Adjournment July 21, 2020 – 6:30 pm DRAFT REGULAR MEETING AGENDA This meeting will be held via Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. The public may monitor this meeting by watching on Comcast cable channel 16, by streaming on CCXmedia.org, or by calling 1-415-655-0001 and entering the meeting code . The public may participate in this meeting during public comment sections, including the public forum beginning at 6:20 pm, by calling 763-230-7454. Additional information about monitoring electronic meetings is available on the City website. For technical assistance, please contact the City at 763-593-8007 or webexsupport@goldenvalleymn.gov. If you incur costs to call into the meeting, you may submit the costs to the City for reimbursement consideration. 1. Call to Order A. Pledge of Allegiance Pages B. Roll Call 2. Additions and Corrections to Agenda 3. Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes: 1. City Council Meeting – July 7, 2020 B. Approval of City Check Register C. Licenses: 1. Approve Temporary On-Sale Liquor License – Born Passion D. Minutes of Boards and Commissions: 1. E. Approval of Bids, Quotes and Contracts: 1. 2020-2021 GreenCorps Host Site Agreement F. Acceptance of Grants and Donations: 1. 4. Public Hearing A. Public Hearing – Ordinance # - Zoning Text Amendments - Narrow Lots B. Public Hearing - MS4 General Permit, Storm Water Pollution Prevention Program, Annual Report to the Minnesota Pollution Control Agency Res. 20- 5. Old Business July 21, 2020 – Immediately Following HRA meeting DRAFT City of Golden Valley City Council Regular Meeting July 21, 2020 – Immediately Following HRA Meeting 2 6. New Business All Ordinances listed under this heading are eligible for public input. A. Interim Report - 10 West End Public Art Committee B. Golden Valley Small Business CARES Grant Program C. CARES Housing Program D. COVID-19 Pandemic Emergency Administrative Actions E. Review of Council Calendar F. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment DRAFT REGULAR MEETING AGENDA This meeting will be held via Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. The public may monitor this meeting by watching on Comcast cable channel 16, by streaming on CCXmedia.org, or by calling 1-415-655-0001 and entering the meeting code . The public may participate in this meeting during public comment sections, including the public forum beginning at 6:20 pm, by calling 763-230-7454. Additional information about monitoring electronic meetings is available on the City website. For technical assistance, please contact the City at 763-593-8007 or webexsupport@goldenvalleymn.gov. If you incur costs to call into the meeting, you may submit the costs to the City for reimbursement consideration. 1. Call to Order A. Pledge of Allegiance Pages B. Roll Call 2. Additions and Corrections to Agenda 3. Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes: 1. City Council Meeting – July 21, 2020 B. Approval of City Check Register C. Licenses: 1. Approve New and Used Dealers Licenses D. Minutes of Boards and Commissions: 1. E. Approval of Bids, Quotes and Contracts: 1. F. Acceptance of Grants and Donations: 1. G. 4. Public Hearing A. Public Hearing - Rezoning Properties to Comply with Comp Plan Land Uses (1) B. Public Hearing - Zoning Text Amendment - R-3 Densities 5. Old Business August 4, 2020 – 6:30 pm DRAFT City of Golden Valley City Council Regular Meeting August 4, 2020 – 6:30 pm 2 6. New Business All Ordinances listed under this heading are eligible for public input. A. COVID-19 Pandemic Emergency Administrative Actions B. Review of Council Calendar C. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment DRAFT REGULAR MEETING AGENDA This meeting will be held via Cisco Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. The public may monitor this meeting by calling 1-415- 655-0001 and entering the meeting code . For technical assistance, please contact support staff at 763-593-8007 or webexsupport@goldenvalleymn.gov. If you incur costs to call into the meeting, you may submit the costs to the City for reimbursement consideration. Additional information about for monitoring electronic meetings is available on the City website. Pages 1.2020 Budget Update and Preliminary 2021-2022 Budget and Levy Discussion 2.Council Review of Future Draft Agendas: City Council August 18, City Council September 1, Council/Manager September 8, City Council September 15, City Council October 7, and Council/Manager October 13, 2020 Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. Wednesday, August 12, 2020 – 6:30 pm DRAFT REGULAR MEETING AGENDA This meeting will be held via Webex in accordance with the local emergency declaration made by the City under Minn. Stat. § 12.37. The public may monitor this meeting by watching on Comcast cable channel 16, by streaming on CCXmedia.org, or by calling 1-415-655-0001 and entering the meeting code . The public may participate in this meeting during public comment sections, including the public forum beginning at 6:20 pm, by calling 763-230-7454. Additional information about monitoring electronic meetings is available on the City website. For technical assistance, please contact the City at 763-593-8007 or webexsupport@goldenvalleymn.gov. If you incur costs to call into the meeting, you may submit the costs to the City for reimbursement consideration. 1. Call to Order A. Pledge of Allegiance Pages B. Roll Call 2. Additions and Corrections to Agenda 3. Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes: 1. City Council Meeting – August 4, 2020 B. Approval of City Check Register C. Licenses: 1. D. Minutes of Boards and Commissions: 1. E. Approval of Bids, Quotes and Contracts: 1. F. Acceptance of Grants and Donations: 1. G. 4. Public Hearing A. Public Hearing - Rezoning Properties to Comply with Comp Plan Land Uses (2) B. Public Hearing - Zoning Text Amendment - Mixed Use Architectural Standards 5. Old Business August 18, 2020 – 6:30 pm DRAFT City of Golden Valley City Council Regular Meeting August 18, 2020 – 6:30 pm 2 6. New Business All Ordinances listed under this heading are eligible for public input. A. Review of Council Calendar B. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment DRAFT REGULAR MEETING AGENDA 1. Call to Order A. Pledge of Allegiance Pages B. Roll Call 2. Additions and Corrections to Agenda 3. Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes: 1. City Council Meeting – August 18, 2020 B. Approval of City Check Register C. Licenses: 1. D. Minutes of Boards and Commissions: 1. E. Approval of Bids, Quotes and Contracts: 1. Approve Professional Services to Update City's 5-Year MS4 Stormwater Permit F. Acceptance of Grants and Donations: 1. Approve Amendment to the Hennepin County Residential Recycling Grant Agreement G. Approve Amendment to City Manager’s Employment Agreement Res. 20- 4. Public Hearing A. Public Hearing - Rezoning Properties to Comply with Comp Plan Land Uses (2) B. Public Hearing - Zoning Text Amendment - Mixed Use Architectural Standards 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Review of Council Calendar B. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment September 1, 2020 – 6:30 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road DRAFT REGULAR MEETING AGENDA Pages 1. Proposed Budgets and Capital Improvements Program a. 2021-2022 Proposed Other Funds Budget b. 2022-2030 Proposed Capital Improvement Plan c. 2021-2022 Proposed General Fund Budget & Levy 2. Council Review of Future Draft Agendas: City Council September 15, City Council October 7, Council/Manager October 13, City Council October 20, Wednesday, City Council November 4, Council/Manager November 10, 2020 Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. September 8, 2020 – 6:30 pm Council Conference Room Golden Valley City Hall 7800 Golden Valley Road DRAFT