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HomeMy WebLinkAbout2021 04-12 CCM Special Emergency MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THF, STATE OF MINNESOTA SPECIAL EMERGENCY MEETING APRIL 12, 2021 CALL TO ORDER The Brooklyn Center City Council met in a special emergency meeting called to order by Mayor Mike Elliott at 2:15 p.m. The meeting was conducted in person at Earle Brown Heritage Center. Mayor Mike Elliott welcomed everyone to a special emergency meeting. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves (arrived at 3:53 p.m. during the closed session), Kris Lawrence-Anderson, and Dan Ryan (arrived at 3:35 p.m. during the closed session). Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. 1. RESOLUTION NO. 2021-48 EXTENDING THE EMERGENCY DECLARATION Mayor Elliott stated he signed an emergency order last night to put in place a curfew. The emergency order must be ratified by a vote of the City Council for it to be extended past the initial 3-day period. City Attorney Troy Gilchrist stated, for clarification, the Mayor has taken a couple of emergency actions since yesterday, including the issuance of an emergency proclamation for a curfew which has since expired; as well as a mayoral declaration declaring a local emergency due to civil unrest from the officer-involved shooting. He noted the Mayor requested that he prepare a Resolution to extend the Emergency Declaration if necessary. He read the Resolution in full. Councilmember Butler moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2021-48 Extending the Emergency Declaration to Saturday, May 31, 2021. Motion passed 3-0. 2. OPEN FORUM Elijah Darris stated he is an organizer and activist of the people. He explained that last night we learned of the killing of a young man, and we came out to be supportive of those who are grieving. Many people made their way over to the Police Department to be heard, so we went there too. He stated they were shocked to see long lines of police in riot gear and the area in darkness. Shortly after they arrived, they heard the Police Chief give a notice that there would be a disbursement order in 10 minutes, after which there would be arrests and escalation. He stated they were not 04/12/21 -1- seeing an aggressive response from the people. The police set off tear gas which sent people running out into the community, instead of staying contained at the Police Department. Mr. Darris stated they began to question how this could be happening. They learned that the Chief proudly asserted that he decided to turn the lights off because he did not want the officers to be backlit. He stated that is unconscionable as it was unsafe for the officers and the protestors. Mr. Darris stated the disbursement order sent the protestors out in the community, which is when the looting started. He stated decisions made by the police department created massive consequences for the entire community. He stated the police department's inability to listen to the community voice is systemic within this department, and they saw it happen today when community members had interactions with the Police Chie£ He stated if this Police Chief is the voice of the city, there are going to be more problems. Mr. Darris stated he is asking the City Council to make the bold and brave decision that this Chief is not the right Chief in this situation, in these times, to lead the force into the future. There needs to be a change. He noted the Police Chief has stated it was a good traffic stop. Mr. Darris asked the City Council to send a message to Brooklyn Center residents, to Minnesota, and the rest of the nation. Angela Rose Myers stated she is the President of the Minneapolis NAACP, and she stands with community members today who are calling for the removal of the Brooklyn Center Police Chief. She stated community members met with the Police Chief this morning, and he lied to community members by saying there was no youth out there last night. She stated many youths were hit with tear gas. Ms. Myers stated we cannot have a Police Chief who tries to shut us down when we are telling the truth and shuts down community conversations rather than listen and adjust for the future. Ms. Myers stated the Police Chief said he would do the same thing if it were to happen again. She stated she is calling on the community, this is not the Police Chief for this time. The founder of Families Against Police Violence stated she works with families who have lost loved ones at the hands of law enforcement. She was trying to de-escalate the situation last night. She was attending an event in St. Paul and had to leave that event to come to be with a grieving family and deescalate a situation with youth. She stated she saw much youth who were grieving and upset. She stated enough is enough, and we are asking for the removal of the Police Chief. We do not need him leading our police department. RECESS TO CLOSED SESSION Mayor Elliott stated the City Council would recess into a closed session to consider a personnel matter under,as stated by the City Attorney, Minnesota Statutes, section 13D.05, subdivision 2(b). RECONVENE IN OPEN SESSION Mayor Elliott reconvened the special emergency meeting after the closed session. 04/12/21 -2- 3. CONSIDER AMENDING RESOLUTION NO. 2021-48 DECLARING A CIVIL EMERGENCY City Attorney Troy Gilchrist stated this is an amendment to the Resolution related to the Mayor and City Council's consent to take command of the Police Department. This amended Resolution is proposed to more closely track the language in the City Charter. The proposed new language states, "Notwithstanding the typical command structure, the City Council consents to the Mayor taking command of the police and taking such other actions as are needed to maintain order and enforce the law in response to the civil unrest." Mayor Elliott stated many public agencies have been coordinating over the past few hours, and what this Resolution does is clarify language around what the coordination will be now, and how decisions will be made, to ensure that the mayor is in charge. Councilmember Butler moved and Councilmember Graves seconded to amend RESOLUTION NO. 2021-48 Declaring a Civil Emergency and to give the Mayor the Authority to take Command of the Police Force. Discussion during the motion: Councilmember Ryan stated he arrived late at the meeting and was not present for the original Resolution. He requested the city attorney read the entire resolution. Mr. Gilchrist explained the Mayor issued an emergency declaration earlier today declaring a civil emergency which can only remain in effect for three days under State statute. The City Council acted to extend that Emergency Order. This amendment is to adopt that Resolution with the new language. Councilmember Ryan asked a question regarding the Resolution with the new language of coordinating the Mayor and law enforcement officers. Mr. Gilchrist stated the amendment brings the Resolution closer in line with the City Charter, which states that in times of public danger or emergency the Mayor may, with the consent of the City Council, take command of the police, maintain order, and enforce the law. Mr. Gilchrist stated, in his experience,this type of authorization has not been activated by this City or any other city. The Mayor's point in suggesting this language is that it provides clear authority for the Mayor. Councilmember Ryan stated in times of crisis, it is not a good idea to make a change in authority that will potentially affect public safety practices. He added he will not be in favor of the amendment. City Manager Curt Boganey asked the City Attorney to review the limitations of the Mayor's authority to command the Police Department under the proposed Resolution. 04/12/21 -3- Mr. Gilchrist stated it is difficult to highlight limitations because, as he stated earlier, this is uncharted territory for him and even his colleagues. He added he does not know that a provision like this has ever been enacted, and it is difficult to say what it would look like in practice. Mr. Gilchrist stated there are employment contracts and other contracts that this Resolution will not override, and all Police Department regulations and standard operating procedures remain in place. But use of the word "command" in the Charter does indicate a level of control that could override the City Manager. Mayor Elliott stated there are several cities where the mayor is in command of the police department in times of emergency. He added he acknowledges that this is new for Brooklyn Center, but he is fully prepared and ready to move forward. Mr. Gilchrist stated he was referring to charter cities. Councilmember Lawrence-Anderson asked a question regarding the time frame of the proposed Resolution. Mr. Boganey asked how the proposed Resolution will affect the City Manager's role and responsibilities. Mr. Gilchrist stated it is difficult to address that question directly as Brooklyn Center has a Council-Manager form of government. He added the City Manager is considered the "employer" and is responsible for hiring and firing department heads. He noted the proposed Resolution would not exclude the City Manager from having a part in the process, but it grants the Mayor a certain amount of authority in times of emergency. Councilmembers Lawrence-Anderson and Ryan voted against the same. Motion passed. 2. OPEN FORUM—CONTINUED Mayor Elliott invited community members to speak. A meeting attendee spoke about the pain, loss, and grief that the community is dealing with. He did not know Daunte Wright, but he has friends who knew him. He sat in on the meeting this morning, and the Police Chief was disrespectful to the community, and it made him angry, but it showed him something. He called for the Police Chief's resignation and added he is glad the City Council voted to let the Mayor take control of the police as the City Manager and Police Chief are not capable of being in control. Jonathan McClellan stated he is President of the Minnesota Justice Coalition, an organization in the Twin Cities committed to advancing social justice legislation. Yesterday the community experienced tragedy in the death of Daunte Wright, who was shot and killed by a police officer during a police stop in Brooklyn Center, next to the District he represents in Congress. In a press conference this morning,the Police Chief stated that the officer confused her gun for her taser and fired the fatal shot by mistake, which appears to be corroborated by body camera footage. He is 04/12/21 -4- horrified and incredulous that such a mistake is even possible. The news that it was a mistake comes as little comfort for a community that has lived in fear for far too long. Jonathan McClellan stated former Minneapolis police officer Chauvin's murder trial is underway just 10 miles south in Minneapolis, and while circumstances are distinct, the outcome is the same. There have been far too many deaths for generations, and the question is what will be done to stop this from happening. He joins his fellow elected officials and community leaders in calling for protestors to do so peacefully, but real peace requires real justice: justice in policy, education, housing, and opportunity. Until then, the absence of justice for some means insecurity for all. Jonathan McClellan stated a coalition of organizations signed a letter on March 29, 2021, to the Minnesota delegation and to the FBI to advocate for the reintroduction of federal law enforcement in Minnesota. The federal government has historically been a critical partner in addressing the harms of systemic injustice, particularly the FBI, and has been instrumental in bringing accountability to state and municipal governments. These federal programs were suspended under the previous administration, and there is an urgency to restart the practice here in Minnesota. The lack of trust in local law enforcement and city officials is a result of the continuing assault on our communities of color by law enforcement and warrants thorough and independent investigation by the FBI. Jonathan McClellan asked the Mayor to support the call for an investigation from the FBI. He called for the resignation or dismissal of the City Manager. A meeting attendee stated he is a community organizer and was one of the first people at the police department before the situation rapidly escalated. Police officers in riot gear came out of the building, making the situation extremely tense. Many of the leaders and community activists in this room have all made attempts to reach out to the City Manager, but we were told he could not talk to us because he was busy planning. When asked for details in this morning's meeting, the City Manager could not give any details and had to turn around and ask the Police Chie£ The Police Chief was hostile towards us, and that is unacceptable under the circumstances. The man asked whether the Mayor will have the authority to fire the City Manager. He noted the Police Chief had told everyone there were no children, but there were children. He added a true leader would show courage at this moment. He called on the Mayor and City Council to fire both the Police Chief and City Manager. He added a true leader would show courage at this moment. A representative of Black Lives Matter Twin Cities stated First Amendment rights and protecting citizens should be seen as the same thing. She added last night when she was out in the crowd, trying to deescalate the situations, she and an elected official, were targeted by the police. They were shining the light on her, and blasts were shot in his direction. There were many young people at the protest, and there were small children in the apartment building, where they asked us to go, and then they began to fire in that direction. A woman approached her who knew who she was, and asked her to come to see her 4-year-old child who was hiding under the bed. She stated she was willing to sacrifice her body in the front line. She asked the Mayor to step up and ensure that peaceful protestors/citizens are protected. She urged the City Council to reach out to Demetrius, who has photos of the impact of the rubber bullets. She stated there is a photo of one young man who was hit in the ear while standing up for justice. That is extremely unconstitutional. 04/12/21 -5- The Black Lives Matter representative stated, to the two Councilmembers who voted not to give authority to the Mayor, I want you to rethink your vote. The City Manager and the Police Chief did not do their jobs yesterday and they put people in danger. When the tear gas bombs went off, the community organizers had the entire community contained in one spot, protesting and chanting. The tear gas bombs went off and the community dispersed, which is when we started to see problems beyond that space. We as leaders can only be in so many places, and we are volunteers. We need you to make better decisions and the best decision you can make is to terminate the City Manager and the Chief of Police. A male meeting attendee showed a video of the protest with tear gas and people getting shot by rubber bullets. He stated it is entirely the responsibility of the City Manager and the Chief of Police, and what they chose to do last night when we were outside peacefully protesting with anger and frustration because another black man lost his life. It does not make any sense that he lost his life for an air freshener, or expired tabs, during a pandemic. He asked who you are serving and protecting because it is not our community. He stated he is angry because this man was a father, and asked who will protect and serve his child? He told the councilmembers,especially those who voted against, to use their heads. A male meeting attendee stated a lot has been said, and we are not unreasonable. Last night brought back memories, and we are grieving for the death of Daunte Wright. We came together to have a peaceful protest, to grieve in brotherhood, and heal the pain. When we heard bombs going off, he got on the phone with the Mayor and asked him to request that the police leave the scene. The mood changed and people were chanting and requesting justice. He saw 25-30 kids out there chanting for justice for Daunte Wright, but not one single person was on the sidewalk in front of the police department. When 7-9 kids entered the Police Department, then we saw many police in riot gear start to defend the building, and things started to escalate. If the officers had never shown up,the energy would not have escalated. We as community leaders called the Mayor to ask to get the situation under control. The meeting attendee stated you lost all authority when you shot and killed Daunte Wright. It is unacceptable by any standards to mistake a taser for a gun. The officer should have been fired as soon as the body-worn camera footage was released. There was no regard for human life, and the Police Chief has lost the trust of the people. We are asking for you to remove both of these men and let the City and the State of Minnesota know that the most diverse city in Minnesota will not accept brutality by anybody,because we care about our citizens more than anything. Do not allow the militarization in Minneapolis to affect how your citizens are treated. We are asking you to do what you are elected to do, and that is serve the people of Brooklyn Center, and not allow bad decisions to threaten the lives of its citizens. Michelle Gross stated she is the president of Communities United Against Police Brutality. She added the First Amendment guarantees that people have a right to free speech and to redress grievances. The First Amendment restricts the authority of the government to impinge on that right. What she saw last night deeply impinged on people's First Amendment rights, and she was appalled by that. 04/12/21 -6- Michelle Gross stated at the press conference this morning, the Police Chief was asked about discharging the employee who showed criminal negligence, and the Police Chief stated that due process is required. In most circumstances, if someone engages in egregious conduct and criminal negligence, they are terminated and then their rights come into play. Michelle Gross stated you have the ability to terminate this employee at this time, and she encourages you to do so. Michelle Gross stated her organization submitted a data practice request to the Police Chief and Mayor at 2:00 a.m. Under statutory guidelines, certain types of data must be made public at all times, related to arrests and seizures. Some of this information was provided at the press conference, but what has not been provided is the name of the officer. The Police Chief stated the BCA will have a procedure for releasing the name. Under State statute, access to data does not depend upon BCA procedure or the will of the government. Michelle Gross stated she wished the City Attorney and Mayor were in the room right now. She added we are prepared to get an injunction to force you to release that information,to advocate for the community, and defend the community's rights of access to information. The City Manager and Police Chief have made egregious attacks on our First Amendment rights and should be released. A female meeting attendee stated it is sad to come here under these circumstances. She added she is a civil rights attorney and activist, and she lived in Brooklyn Park from 2003-2015. She spent a lot of time in Brooklyn Center. She always thought the two cities were different from Minneapolis, but they are not different in terms of the way residents of color are treated by the police. She has been in many protests, and last night, being out there with other organizers, trying to keep the peace, that was worse than what she experienced in Ferguson in 2014, in terms of a munition being utilized, and the disbursal order. Last night was completely unnecessary. She asked why were the lights out if the police were worried about people throwing things. People in the apartment building were terrified of seeing munitions being thrown over their building. She noted that living across from the Police Department makes residents feel that they are safe,but last night they were less safe. The female attendee asked what these events say about the future of Brooklyn Center. Many jurisdictions are overhauling their policies and police practices to ensure more accountability, so what happened in Minneapolis will not happen in their communities. In this case, a 20-year-old man was racially profiled, driving a nice car, because of his expired tabs. She asked why would that be the priority of several police officers? If that is the focus of the Police Department right now, that is bad leadership, poor decision making, and poor prioritization. She stated these priorities turned into the loss of life, adding to the trauma and impact on the community. This is the result when people who make decisions have a callous disregard for those who are out there trying to hold up the banner of justice. This is not acceptable, and it needs to change. She called for the firing of the City Manager and the Police Chief. She asked that the elected officials do the right thing and allow Brooklyn Center to be a refuge for the people of color who live here, and not a nightmare as it feels right now. A female meeting attendee addressed the City Council directly. She stated this morning when we showed up after being out there all night, we wanted to hold you accountable. Everyone here on this Council is black but you two, and you voted that you want to keep the police leadership. She 04/12/21 -7- asked what does that say about your decision-making. You are elected by the people, and that is who you serve, not City employees. She asked if you have authority over law enforcement, what were you doing last night. She stated you should show more understanding. You should know that nothing will protect you. She asked where is your humanity and your leadership. Give the leadership to the mayor. You should take back your votes and do the right thing. An independent journalist and photographer stated he comes before you in pain and distress after having witnessed last night, which he has documented, and he has over 1 million viewers. He stated the Police Chief should be ashamed of himself, and there will be no covering up. Brooklyn Center, Minnesota, is Ground Zero. He stated the City Council should render the power to the Mayor and let him do his job because obviously, you are not doing your job. He asked with a heavy heart that you respect the media,the marches, the medics, and the peaceful protestors. That man should be alive today, and if you had an inkling of faith in your God of your understanding, you would see where we are coming from. He stated I urge you to do the right thing because if you don't, the blood will be on your hands. We are tired of the hypocrisy that you show, thinking that we are going to run away and shooting at us like we are the problem. Councilmember Butler made a motion to relieve City Manager Boganey of his duties with the City of Brooklyn Center seconded by Councilmember Graves. Councilmember Ryan stated he was saddened by these events recognized that this was a terrible tragedy; however, that he is does not believe that removing the City Manager during this time of crisis is the correct action to take and will be voting against it. Councilmember Lawrence-Anderson stated she was very sad about what was happening in the community and was heartbroken over the recent events. She stated that she has always been satisfied with the job City Manager Boganey has performed. She stated that however, she would support the motion on the floor However, with fear of retaliation she will be voting for this issue. Councilmember Graves stated that she was coming to the meeting directly from the airport. She stated she was late to the closed session and the discussion. She stated that if the City Council had the authority to fire the Chief of Police, that is the action she would take; however, because the only authority the Council has is over the City Manager, that she would be supporting the action. She stated she was the first person of color on the city council and Mr. Boganey was a very helpful when she started. She supports the people here today and the people in the community last night and will be voting in favor of this. Motion passed 4-1 (Nay—Ryan) Mayor Elliott made a motion to appoint Deputy City Manager Edwards to Acting City Manager seconded by Councilmember Buter. Motion passed 4-1 (Nay—Ryan) 4. ADJOURN By general consensus, Mayor Elliott adjourned the meeting. 04/12/21 -8- STATE OF MINNESOTA) COLINTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned,being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Special Session of the City Council of the City of Brooklyn Center held on April 12, 2021. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its May 10, 2021, Regular Session. . �� � � Barbara Suciu, City Clerk ike Elliott, Mayor 04/12/21 -9-