C-NOTES: August 23, 2023

EXECUTIVE DIRECTOR REPORT

The new law impacting SROs continues to be at the forefront of our daily meetings and discussions as we continue to work through these new law changes. The legislative changes that were put into the Education Bill pose numerous issues and concerns for the law enforcement community. 

Earlier this week, we were asked to meet with Attorney General Ellison to provide input prior to releasing an Attorney General Opinion (AGO) on the impacts of the law changes.

The three main concerns we have asked for clarity on are:

1. Do SROs and other officers assigned to work school events have the authority to use prone and/or compressive restraint when involved in situations where there is a threat of bodily harm or death.?
2. When an SRO or other officers contracted to work school events respond to situations that do not present a threat of bodily harm or death but the situation is a clear violation of state law, what authority do they have to effect an arrest? These could be situations where a student is damaging property, trespassing, committing disorderly conduct, etc. 
3. Are officers who are contracted by a school district to work school events (football games, school dances, other athletic events, etc.) impacted by this new law?

In the AGO that was released late yesterday, it is clear that the answer to our first question is yes. SROs and other officers who are contracted to work school events are authorized to use reasonable force to include prone and compressive restraints if necessary, to effect an arrest when they are involved in a situation that presents a threat of bodily harm or death.

The Attorney General did not provide guidance on our other two main concerns. In his AGO he acknowledges that "other important questions" were raised; however, those questions are out of scope and are better left for the Legislature to answer.

As it stands today, we interpret the new law to mean SROs and other officers contracted to work school events are not allowed to use any restraints when responding to situations that do not present an immediate threat of bodily harm or death. Additionally, we do believe the law includes SROs and any other officers who are contracted to work at school events.

The reason we asked for clarity about situations that do not present an immediate threat of bodily harm or death is that we know from experience that in situations that start with a student damaging property, committing disorderly conduct, or trespassing in a school, it can very quickly escalate to a situation that does present a threat of bodily harm or death. We feel that an SRO should be able to intervene and use restraints when necessary to affect an arrest when they observe a violation of law so that the situation does not lead to higher-level crimes or more dangerous situations for other students, school staff, or the SRO.

In light of the AGO, the League of Minnesota city has indicated that the PATROL memo issued earlier this month is being rescinded. The League is working on providing updated information, but that may take some time.

All Chiefs should review the resources below as they make decisions regarding SROs and other contacted assignments at public schools. We feel the law has created ambiguity, and we are committed to working on fixing that through the legislative process. Currently, the legislature is not scheduled to come back into session until February 12. However, we will continue to urge a special session to address this issue. You are encouraged to contact your legislators about this issue. 

Here is a list of relevant resources:

• MCPA official statement in response to the Attorney General Opinion
• Attorney General Opinion on Recent Amendments to Student Discipline Laws  
• MCPA letter to Governor Walz
• Minnesota Department of Education interpretation of SRO law
• Letter to Governor Walz on behalf of the National Association of School Resource Officers (NASRO)
• Minnesota Police and Peace Officers Associations (MPPOA) Letter to Members

• PATROL Statutory changes regarding use of force by school resource officers and other officers working in school settings

Thank you,
Jeff Potts, Executive Director
[email protected]

BECOME A 2023 MINNESOTA CHIEFS OF POLICE FOUNDATION MEMBER TODAY! 

We are asking for your support. Please consider becoming a 2023 Minnesota Chiefs of Police Foundation Member. By donating, you would join a community of supporters who believe in our mission to ensure high-quality, effective policing in Minnesota and police-community solid relations. Your support goes toward meeting critical needs across the state with initiatives like the Community Partnership Grant Program, ETI Training Scholarships, and Diversity and Recruitment Initiatives like Wear the Badge. 

Community Partnership Grant Program:

By September, the Foundation will have given out over $50,000 in grant funding to police departments to help them advance community partnerships and deepen their trust with the public. Community trust-building programs require funding and resources that many police departments simply do not have. 

ETI Training Scholarships:

MCPF also raises funds to offer Executive Training Institute (ETI) scholarships to police leaders (especially for smaller agencies) in Minnesota that otherwise would be unable to attend due to budget constraints. Scholarships are especially critical in helping newly appointed police chiefs attend and receive leadership training. Advanced training can help Minnesota police departments better handle the challenging and evolving landscape of policing and is a significant priority.

Promote Diversity and Recruitment:

We are all aware that the state of Minnesota is experiencing shortages in police officers, which has a severe impact on the safety and security of our communities. The Minnesota Chiefs of Police Foundation stands ready to help promote diversity and recruitment as a priority. The Wear the Badge initiative is an education and awareness campaign that helps those interested in law enforcement learn more about the profession. MCPF funds the Wear the Badge initiative, and your support will help improve the recruitment and retention of quality police officers across the state. 

By supporting the Minnesota Chiefs of Police Foundation, you are investing in the future of policing and making a statewide impact. Your valuable gift will go far to help recruit the best into the policing profession as well as provide advanced training and wellness resources to build high-quality, effective officers. Your donation also supports outreach projects that build trust and transparency between cops and communities. Join us in this mission and become a MCPF Member Today!

LEXIPOL CONNECT VIRTUAL USER GROUP CONFERENCE 2023

On Wednesday, September 6, attend Lexipol’s virtual annual Connect User Group Conference! Their theme for this year’s event is “Empowering Safer Communities.”  

Why should you attend? Gain insight from industry experts, learn about Lexipol’s products and services, and connect with peers across the public safety spectrum. 

Register online.

TRADEWING MEMBER APP

Tradewing is a members-only site and mobile app that allows us all to connect, share information, ask each other questions, and provide resources. Any MCPA member can post in there at any time. Below is an example of what the "feed" looks like when you are logged in on a desktop.

The login credentials to Tradewing are the same as your MCPA website login information. The URL to access Tradewing is https://mcpa.tradewing.com/login. If you have any questions, please contact MCPA at [email protected].