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HomeMy WebLinkAbout2020 06-17 CCP WorksessionCouncil Worksession V I RT UA L meeting being conducted by electronic means in accordance with Minnesota S tatutes, section 13D.021 P ublic portion available for connection via telephone Dial: 1-312-535- 8110 Access Code: 133 580 9148 J une 17, 2020 AGE NDA The City C ounc il requests that attendees turn off cell phones and pagers during the meeting. A copy of the full C ity Council pac ket is available to the public. The packet ring binder is located at the entrance of the council chambers. 1.Call to Order - 6 P M 2.Roll Call 3.Attorney General Report a.Attorney General Report 4.Questions 5.Adjourn C ouncil Worksession DAT E:6/17/2020 TO :C ity C ouncil F R O M:C urt Boganey, City Manager T H R O U G H :N/A BY: S U B J E C T:A'orney G eneral Report B ackground: AT TA C H M E N TS : D escrip*on U pload D ate Type A G Report 6/11/2020 Backup M aterial Power point 6/25/2020 P resenta*on 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 STEPS 1 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: QMake sanctity of life a core organizational value. QRequire officers to de-escalate when such effort does not compromise officer safety. QRequire force used by officers to be reasonable, necessary, and proportionate. QHold officers accountable to use sound tactics, such as time, distance, and cover, to reduce the need to use force. QRequire officers to intervene, when appropriate and safe, when witnessing unreasonable use of force. QRequire 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. t A t JJ J t w A t 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 t f v A A J 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. A t T w JJ t 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. w t w JJ J f 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. W t w protection and private custod T Community Service Officer P 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. t t t t 6/25/2020 1 Who am I? 6/25/2020 2 Local Governments  July of 2019 •The Working Group conducted public hearings and took  testimony from various stakeholders including family  members of victims, law enforcement, members of  academia and community organizations.  •The Working Group produced 28 recommendations with 33  action steps for both local and state governments to act upon. 6/25/2020 3 6/25/2020 4 5 Major categories  1. Community Healing and Engagement 3. Investigations and Accountability  2. Prevention and Training  4. Policy and Legal Implications 5.  Officer Wellness 6/25/2020 5 6/25/2020 6 6/25/2020 7 6/25/2020 8 6/25/2020 9 1. Make sanctity of life a core organizational value. 2. Require officers to de‐escalate when such effort does not  compromise officer safety 3. Require force used by officers to be reasonable, necessary,  and proportionate. 6/25/2020 10 6/25/2020 11 Recommendations 6/25/2020 12 Recommendations Source: 8cantwait.org Questions and Comments