PCOC Commissioner Orientation Police Conduct Oversight Commission February 16th, 2020 Orientation Overview • Introduction • Historical Overview of the OPCR & PCOC • Role of Oversight Bodies • PCOC Purpose & Function • PCOC Research & Study Process • PCOC Subcommittee Overview & Functions • Discussion Forum: Q&A Session • PCOC Partners: City Attorney & City Clerk • MN Data Practices Act • Open Meeting Laws • Ethics Training 2 OPCR Leadership & Structure • Director Imani Jaafar, Esq. – 5 years as OPCR Director • 16 years in legal practice • Recognition: • Achievement in oversight award from the National Association for Civilian Oversight of Law Enforcement • Outstanding advocate award from Minnesota Justice Foundation • Minnesota Super Lawyers Rising Star • Minnesota Lawyer Up and Coming Attorney • Judge Varco Pro Bono Services Award • Adjunct professor of law at University of Minnesota • Diversity trainer and consultant focused on teaching professionals how to disrupt bias when working with Muslim communities both locally and nationally. • Prior Roles: • Housing staff attorney at Mid-Minnesota Legal Assistance • Assistant Ramsey County Public Defender • Private attorney specializing in both Islamic estate planning and criminal defense • Law clerk to the Honorable Lloyd Zimmerman in the Fourth Judicial District. 3 PCOC Guest Panelists • Former PCOC Chair Andrea Brown • January 2014 – December 2019 • Former PCOC Vice-Chair Jennifer Singleton • January 2014 – December 2018 4 History of Minneapolis Police Oversight • Civilian Review Authority • January 1990 – Created by Minneapolis Ordinance • June 1997 – City Council places the CRA within the City Coordinators Office and requests study of multiple redesign areas • 2002 – City Council closes CRA office and begins redesign process • Following Council approval, a redesigned CRA begins operations within the Department of Civil Rights in 2003 • 2006 – Multiple studies and working groups propose and implement changes to CRA ordinances in an effort to improve processes. • 2008 – A external review of MPD Internal Affairs Unit (IAU) operations included the recommendation that MPD should make efforts to work within the CRA’s specific investigation requirements, in addition to those of IAU. 5 History of Minneapolis Police Oversight • Minnesota House of Representatives & Senate • February 2012 – Legislation introduced to change oversight of law enforcement (House Bill) (Senate Bill) • Amends the Peace Officer Discipline Procedures Act (the "Act"). Eliminates the statutory exemption from compliance with the Act that the legislature granted to the Minneapolis Civilian Police Review Authority. (The exemption has been in place since the law was enacted in 1991.) • Prohibits civilian review authorities from: (1) making binding findings of fact or determinations about police complaints, and (2) imposing discipline on peace officers. Civilian review authorities may make advisory recommendations about police misconduct complaints. • March 2012 – Legislation signed by Governor • August 2012 – Legislative changes go into effect 6 History of Minneapolis Police Oversight • Office of Police Conduct Review • July 2012 – Potential process presented to City Council, including adaptations to comply with changes in MN Statute § 626.89, subd. 2 • August 2012 – Three community feedback sessions held on proposed changes, resulting in the following modifications: • Increasing the filing timeline for police misconduct complaints from 180 days to 270 days • Created compulsory mediation for officers and complainants – if complaint requests • Included residency as a requirement for panel members • Added requirement for the Chief of Police to include a memo regarding any disciplinary decisions • Clarified how long the Chief has to make disciplinary decisions • September 2012 – Proposed new structure approved by City Council, creating the Office of Police Conduct Review 7 History of Minneapolis Police Oversight • Office of Police Conduct Review • February 2013 – Minneapolis Police Conduct Review Panel begins reviewing cases • October 2013 – Police Conduct Oversight Commission holds inaugural meeting • January 2014 – OPCR begins working with PCOC on research & study projects • March 2017 – Launch of OPCR data dashboard, including officer history search function • December 2017 – Minneapolis oversight ordinance strengthened to codify OPCR access to MPD data for the purposes of conducting investigations, research & study projects, and programmatic reviews 8 Roles of Minneapolis Police Oversight Bodies . Receipt and screening of complaints . Intake, preliminary, and administrative investigations . Preliminary investigator based on preference of complainant . Conduct programmatic audits and research . Each panel consists of 2 civilian & 2 sworn . Conduct research and study audits related to MPD . Review case file in advance practice, internal controls, compliance, etc. Preponderance of the evidence standard . Make recommendations to elected officials based on Merit; no merit; remand findings of research and study projects . Create and implement a community outreach strategy 9 PCOC Purpose & Functions • Police Conduct Oversight Commission - Minneapolis Code of Ordinances – 172.80 • Conduct programs of research and study, in conjunction with office of police conduct review staff appointed by the director of the office of police conduct review. • Collect, review and audit summary data and compile aggregate statistics relating to programs of research and study • Make recommendations to the city council, mayor, and/or chief of police relating to Minneapolis Police Department practices, internal controls, compliance with applicable law and regulation relating to police policy and procedure and other related matters contained within a program of research and study. • Facilitate outreach and training as a result of the research and study process. • Contribute to the performance review of the chief of police. • Create and implement a community outreach program and coordinate outreach activities with the Minneapolis Commission on Civil Rights. • Submit periodic reports to the public safety subcommittee of the city council regarding the activities of the commission. • Establish, amend and repeal rules and procedures governing its own internal organization and operations in a manner and form consistent with this Code. • Form subcommittees to assist in fulfilling its duties and responsibilities. • Request from the mayor and city council the appointment of such staff as is necessary to carry out the duties of the commission. 10 PCOC Research & Study • PCOC Research & Study – Ordinance Language • (1) Conduct programs of research and study, in conjunction with office of police conduct review staff appointed by the director of the office of police conduct review. Research and study includes programs that analyze Minneapolis Police Department practices, internal controls, compliance with applicable law and regulation relating to police policy and procedure and other related matters, to ensure that police services are delivered in a lawful, effective, and nondiscriminatory manner for the purpose of ascertaining how the objectives of this chapter may be attained and sustained. • PCOC Research & Study Process Manual (PDF) • Established in 2017 • Provides structured process and lifecycle of a potential research and study project • Divides process into four phases • Project Formation and Initial Survey • Methodology Development • Fieldwork and Report Drafting • Final Report and Recommendations 11 PCOC Research & Study Examples • Investigative Stops Documentation Review (PDF) • Data analysis and recommendations regarding the MPD practices in recording and reporting investigative or “Terry” stops, including the grounds for such stops, demographic information of those stopped, and the location of stops. • Evictions and Calls for Service (PDF) • This study explores the intersection of police calls for service and evictions (both formal and through notices to vacate). It provides an analysis of the implementation of the Conduct on Licensed Premises Ordinance. • MPD Body Camera Policy Study (PDF) • This study looked at national best practices, policies of other departments, and community input on body camera use and policy by the Minneapolis Police Department. The report includes a recommended policy for the use of body cameras by the MPD. • Domestic Violence Response Research and Study (PDF) • This study looks at response to domestic violence calls by the Minneapolis Police Department. • Officer Interactions with Mental Health Issues: A Policy Study (PDF) • This study looks at current national best practices and current Minneapolis Police Department policies for officer interactions with those experiencing mental health crises and makes policy and programmatic recommendations for improving such interactions. • Complete Research and Study Library: PCOC Report Library 12 PCOC Subcommittee Overview • The PCOC Chair is responsible for the assignment of members to various subcommittees, as the demand or need for these groups dictates. • PCOC Subcommittees: • Policy and Procedure Committee • Audit Committee • Outreach Committee • Rules & Governance Committee 13 Discussion Forum: Q&A Session 14 PCOC Partners • City Attorney’s Office • Advises on legal matters as needed and appropriate • Requests for CAO legal opinions should come through the Chair and OPCR staff • City Clerk’s Office • Provides meeting management and general administrative support 15