[St. Paul, MN] Today, the Minnesota Department of Human Rights (MDHR) and the City of Minneapolis (City) filed a court enforceable agreement in Minnesota’s Fourth Judicial District Court that requires the City and the Minneapolis Police Department (MPD) to make transformational changes to their organizational culture by recognizing the humanity and civil rights of community members, addressing race-based policing, and strengthening public safety. 

Unlike any previous effort to improve public safety in Minneapolis, this is the first time a court will require the City to make transformational changes through a court enforceable agreement. This agreement also incorporates independent oversight through an independent evaluation team who will support the City and MPD, monitor their progress, and provide regular, public reports.

“Minneapolis community members deserve to be treated with humanity. This court enforceable agreement provides the framework for lawful, non-discriminatory policing, reduces unnecessary dangers for officers, and results in better public safety for Minneapolis,” said Minnesota Department of Human Rights Commissioner Rebecca Lucero. “I am grateful to Mayor Frey, Chief O’Hara, City Council, and City and MPD staff for their commitment to set a path towards a more just future for Black, Indigenous, and other people of color in Minneapolis.”

The court enforceable agreement is the result of an investigation by the Minnesota Department of Human Rights, the state’s civil rights enforcement agency, immediately following the murder of George Floyd. The investigation found the City and MPD engage in a /mdhr/mpd/findings/index.jsppattern or practice of race discrimination in violation of the Minnesota Human Rights Act.

The Minnesota Department of Human Rights conducted extensive engagement with Minneapolis community members and MPD officers in partnership with the Minnesota Justice Research Center and 21 CP Solutions. The court enforceable agreement contains many provisions that are based on what community members and officers shared. 

Transformational Changes   

Clear, effective policies: The court enforceable agreement requires the City and MPD to set and enforce clear policies that build community trust, provide non-discriminatory public safety, and reduce dangers for officers. 

The court enforceable agreement requires the City and MPD, in part, to:

• Require officers to de-escalate

• Prohibit officers from using force to punish or retaliate

• Prohibit the use of certain pretext stops

• Ban searches based on alleged smells of cannabis

• Prohibit so-called consent searches during pedestrian or vehicle stops

• Limit when officers can use force 

• Limit when and how officers can use chemical irritants and tasers

• Ban “excited delirium” training

The court enforceable agreement does not prohibit an officer from relying on reasonable articulable suspicion of criminal activity to enforce the law. 

Training, engagement, accountability, and data collection: The court enforceable agreement prioritizes organizational culture change to strengthen public safety by requiring the City and/or MPD to provide training, engagement, accountability, and data collection for all policy changes. 

• Quality training and support. For MPD officers to understand and follow policies, the court enforceable agreement requires the City and MPD to provide officers and employees with quality, timely training. The agreement also requires the City and MPD to provide officers with a range of support services, including meaningful mental health support and a well-functioning early intervention system. 

• Meaningful engagement. While MPD is developing and updating its policies, the court enforceable agreement requires MPD to engage with and collect feedback from the people who are most impacted by MPD’s policies – both community members and officers. 

• Strong accountability and oversight. The agreement requires the City and MPD to develop robust and well-functioning accountability and oversight systems so MPD officers are held to the highest standards of integrity. The City and MPD are also required to conduct thorough investigations of police misconduct. 

• Robust data collection and transparency. Recognizing that data-driven decision making supports a culture of accountability and transparency, the agreement requires the City and MPD to strengthen its data collection mechanisms, produce an annual use of force report, and create a public database of discipline records. To support a culture of continuous learning, the agreement also establishes an MPD Review Panel to regularly assess MPD’s enforcement practices and determine whether changes to trainings, policies, and tactics are necessary to address patterns of discrimination and bias. 

Sustained and Coordinated Action through Independent Oversight and Court Enforcement 

The court enforceable agreement provides City and MPD leaders with the framework for sustained and coordinated action needed to change organizational culture to strengthen public safety. The legally binding agreement provides clear timelines for prioritization, incorporates independent oversight, and can only be terminated by the court when the City and MPD have reached full, effective, and sustained compliance with the terms in the agreement. 

To provide independent oversight of the agreement, the Minnesota Department of Human Rights and the City will identify an independent evaluation team to support the City and MPD, monitor their progress, engage with community members and police officers, and provide regular, public reports.

Court Enforceable Agreements are Powerful Tools for Change

A court enforceable agreement is a legal agreement that is submitted to the court after the parties have reached a settlement. Once approved by the court, the agreement is binding and enforceable on all parties through ongoing oversight by the court. Court enforceable agreements are often referred to with a variety of terms. Under the Walz-Flanagan administration, the Minnesota Department of Human Rights has entered into several consent decrees. 

Questions about the Investigation by the U.S. Department of Justice 

The Minnesota Department of Human Rights enforces Minnesota state law. The U.S. Department of Justice enforces federal law and the U.S. Constitution. The Minnesota Department of Human Rights and the City do not anticipate that this court enforceable agreement will conflict with any agreement between the City and the Department of Justice. 

More information about the court enforceable agreement /mdhr/mpd/agreement/index.jspcan be found here. 

Document: 

• Court Enforceable Agreement 

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