MINNEAPOLIS (AP) — The city of Minneapolis and the Minnesota Department of Human Rights signed a “court-enforceable settlement agreement” Friday to fix police in the city where George Floyd was killed by officers nearly three years ago.
The state agency issued a blistering report last year after a two-year investigation found the police department had engaged in a pattern of racial discrimination for at least a decade. City leaders then agreed to negotiate a settlement, which the City Council approved by an 11-0 vote. Mayor Jacob Frey and Minnesota Human Rights Commissioner Rebecca Lucero entered about half an hour later.
“The agreement is not a change in itself, but it represents a clear road map,” Frey said at a press conference. “This agreement helps us to start working and then go further.”
Lucero pointed out that Floyd was killed 1,040 days earlier. “It’s taken a long time to get to this point, where they have to live,” he said.
“This agreement serves as a model for how cities, police departments and community members across the country can work together to address race-based policing and strengthen public safety,” Lucero said. “This is a model for a new path forward.”
The state agency began an investigation shortly after Derek Chauvin, a white police officer, knelt on Floyd’s neck for 9 1/2 minutes on May 25, 2020, ignoring the black man’s pleas that he could not breathe. Floyd’s death sparked mass protests that spread around the world. It forced a national reckoning of racial injustice and forced the Minneapolis Police Department to begin an overhaul.
Chauvin was later convicted of murder. He and three other officers who were at the scene are now in jail.
“We didn’t get here overnight, and change won’t happen overnight either,” Frey said. “The problem we’re facing now, it’s been generations, many administrations, mayors and chiefs, and obviously our Black and brown communities have experienced this.”
Lucero said the agreement is a legally binding pact that requires the city and police department to make “transformational changes,” to fix the organizational culture that her agency reports is at the heart of problems with race-based policing.
The commissioner said that includes measures to ensure that force is used “only when reasonable, necessary and proportionate.” Officers will be required to de-escalate conflicts if possible and are prohibited from using force “to punish or retaliate.” There will be restrictions on when and how officers can use chemical irritants and Tasers. And training in the disputed state of excited delirium – the main problem in the confrontation that led to Floyd’s death – will be prohibited. Pretext stops for broken lights and searches based only on the alleged smell of marijuana is prohibited.
Frey, Lucero and Police Chief Brian O’Hara said the agreement reflects the response and concerns of the community and police officers.
“The court-enforced agreement does not prohibit officers from relying on reasonable suspicion, can be expressed or probable cause of criminal activity to enforce the law. We want officers to do their job,” said Lucereo. “We want them to succeed and do well, and that means policing in a non-discriminatory way.”
The U.S. Department of Justice is still investigating whether Minneapolis police engaged in a pattern or practice of discrimination, and that investigation could lead to a separate agreement with the city known as a consent decree. City officials said they could not provide information about the venue.
The state settlement, which still requires court approval, runs more than 140 pages. It also contains a section that regulates the use of body cameras and dashboards; training; officer health; and responding to mental and behavioral health crises. It also requires the appointment of an independent evaluator to monitor compliance.
At the time of the City Council’s approval, some members expressed harsh criticism of the police department and other city leaders over the years.
“The lack of politics will take responsibility for MPD why we are in this position today,” said Council member Robin Wonsley. “This legal settlement officially and legally prevents city leaders from delaying that responsibility any longer. And I hope this settlement is a wake-up call for city leaders, who in general have watched poor labor contracts, have entered into endless wrongful settlements, and then shrugs when residents ask why we have a dysfunctional police department.”