C-Notes - June 17, 2022 - Update POST Update
 You very likely received information directly from POST this week regarding the proposed changes to the rules governing law enforcement officers.
Here are a few things I'd like to emphasize. First, we believe police officers have to be held to the highest standard but we believe the proposed rule changes, as they are currently drafted, lack clarity in the Brady Giglio impairment section as well as the section that addresses hate groups. Second, the MCPA Board of Directors spent a significant amount of time discussing the proposed changes and are working with other law enforcement groups and stakeholders to determine the appropriate next steps. I encourage all of you to read the materials that were sent out from POST yesterday. Particularly the document that outlines the Rule change process. Lastly, we are currently working with our General Counsel to develop specific feedback that will be provide to POST. As well as producing additional information that we will distribute to all of us as it becomes available. If you are asked about the Rules change proposal by your community or the media we encourage you to use the talking points below, and we will continue to develop additional messaging.
This is a priority of our association and we will update you as our work continues.
Jeff Potts
Executive Director
Minnesota Chiefs of Police Association
Talking Points:
Our department and all departments in Minnesota agree that no agency should engage in any actions that are or perceived to be discriminatory.
Our agency has policies, procedures and guidelines that address all of the concerns raised in the proposed POST amendments.
While the proposed amendments appear to duplicate efforts already being enforced at the department level, we welcome any additional guidance in this area.
Additionally, present policies and discipline structures address any issues that may be possibly identified as what is referred to as a Brady or Giglio impairment. Our department consistently enforces our policies and when appropriate applies any necessary discipline.
MCPA President's Report
 The Minnesota Chiefs of Police Association’s (MCPA) year is off to a great start. Over the past couple of months, we’ve seen our new communication device, “Tradewing,” become an exceptional tool used by Chief Law Enforcement Officers across the state to improve communications and information gathering. We’ve also had the opportunity to attend several meetings and events to discuss our work, build relationships and learn more about what’s happening across Minnesota.
On May 4, Executive Director Jeff Potts and I met with Attorney General Keith Ellison, leaders from the Sheriff’s Association, leaders from the Minnesota Police Peace Officers Association and attorneys from Eckberg and Lammers Law Firm. We had a successful discussion about law enforcement relationships and the Attorney General’s Office. From this, we formed a new partnership with Eckberg and Lammers Law firm which will become a great support system for chiefs in need. We are looking forward to future collaboration and communication opportunities with the Attorney General’s Office.
On May 5, Executive Director Jeff Potts and I attended a Region 11 meeting with the Chiefs of Police from Scott and Carver Counties. We provided an update on the MCPA and listened to updates from the chiefs. The thoughtful discussion continued to confirm the struggles of recruitment and retention throughout our state.
On May 17, Past-President Eric Werner, Third Vice President Roger New and I attended a Build a Bike event hosted by Thomson Reuters. At the event we had the opportunity to discuss the Minnesota Chiefs Foundation with several of their leaders.
On June 9, Executive Director Jeff Potts and I attended the Region 4 Chief’s meeting in Moorhead and participated in their quarterly meeting.
On June 10, Executive Director Jeff Potts and I attended a Region 11 Chief’s meeting in Dakota County. At this meeting we had the privilege to watch Third Vice President and Eagan Police Chief, Roger New, recognize the retirement of Lakeville Police Chief, Jeff Long.
 On June 13, Executive Jeff Potts and I attended the Governor’s ceremonial signing of bill Chapter 99, House File 2725, the competency restoration reform, and mental health bill. The bill places the process in statute for when a person is found incompetent to proceed with their trial because of a mental illness or cognitive impairment.
The bill calls for people to be assigned a forensic navigator to create “bridge plans with the defendant. Bridge plans are required in the bill before a defendant’s charges can be dismissed and they will include referrals to housing, benefits and any services to help the defendant. The bill provides clear directives and timelines on the supervision of defendants to protect community concerns and the constitutional rights of the defendant at the same time. In the bill, low level misdemeanors will still be dismissed if a person is found incompetent, but only after they work with a forensic navigator. Targeted misdemeanors, gross misdemeanors and felonies have specific timelines for how long the state can detain or order a person to treatment for competency restoration. These timelines are based on the maximum sentence lengths for the crimes and supreme court case law. Finally, it creates a new State Board of Competency Restoration. Although forensic navigators are impartial and not legal professionals, this board is similar to the function of the guardian ad litem or public defense boards. The board will oversee forensic navigators and will certify competency restoration programs and curriculum for quality assurance. The board will be made up of appointees by the supreme court and the Governor and must include defense attorneys. The bill also establishes an advisory committee for the board with more specific expertise in mental health and includes local stakeholders like counties to ensure the programs are being implemented well.
Thank you for your continued support. Your continuous work to keep your communities safe does not go unnoticed or unappreciated. I am looking forward to seeing what we will accomplish over the next several months.
Brian Weierke
MCPA President, Fridley Police Chief
A Chiefs Challenge: Join the MN Chief's Foundation
MCPA Immediate Past President Eric Werner, the police chief in Maple Grove, is challenging every MCPA member to become members of the Minnesota Chiefs of Police Foundation, which has a new mission as it supports CLEOs across the state.
Chief Werner's challenge is part of the Foundation's broader challenge of securing 100 New Members in 100 Days. To learn more about the Foundation, visit the website. To hear more about the challenge, click the video below.
To become a member TODAY, click here!
 Join us on Wednesday, June 29th for a Lunch and Learn on the MCPA's Legal Assistance Program (LAP)
We will be hosting a virtual Lunch and Learn to go over details of our new Legal Assistance Program (LAP) at 12 pm on June 29th. We hope you'll join us.
Here's the link for the Lunch and Learn. Below is background and information on the LAP and how to register.
For years, we have heard of situations where our members have resorted to hiring their own private attorney to represent them in situations that occur during their tenure. More specifically, we have seen multiple instances where a police chief or command staff members are unfairly forced to resign from their positions.
The MCPA's Legal Assistance Program (LAP) is now available to provide legal help when this happens.
The LAP has been developed with a group of labor attorneys and will provide up to $2500 in pre-paid legal representation. The program is built specifically for chiefs and command staff members who typically do not have any legal representation unless they retain those services at their own expense.
The LAP can be used to assist in situations where members feel they aren't being treated properly or fairly by their cities, including by their city manager, city administrator or city council members.
The LAP will cover the following areas:
- Representation by a panel attorney and use of a panel attorney regarding complaints arising from an act or omission by the Participant within the scope of his or her employment.
- Representation by a panel attorney to conduct negotiations regarding termination or resignation of his or her employment as Chief of Police or as a member of the Chief’s command staff.
The LAP does not provide representation in any criminal matters.
Cost: The annual cost for the LAP is $150. The plan year will run from July 1st -June 30th annually. The fee will be separate from the annual MCPA membership dues. More information will be provided in late June with an anticipated start date of July 1st for coverage in the LAP.
NOTE: This plan is not meant to compete with the MPPOA Legal Defense Fund or FOP Legal defense funds which cover criminal defense legal representation.
The full details of the plan can be found by following this link
Here's the application for the LAP
Please download and complete the application and return it to MCPA before July 1st to begin your coverage.
THE MCPA 2022 TRAINING TOUR - USE OF FORCE IN MINNESOTA: THE EVOLUTION OF THE LEGAL STANDARD AND OTHER KEY ISSUES IMPACTING POLICING
These are challenging times in law enforcement as the policies and practices of the policing profession are under intense and immense scrutiny from a myriad of sources.
Use of Force in Minnesota: The Evolution of the Legal Standard and Other Key Issues Impacting Policing is a day-long training that will help you and your staff better understand and prepare for the most recent and relevant changes in law enforcement.
 The course will be led by former Washington County Imran Ali and is the result of a new partnership with the MCPA and Ali's law firm Eckberg Lammers.
The first half of the course will focus on changes to the Use of Force statute with the remainder covering the following topics:
- Gaining an understanding of legal and departmental policy implications on felony pursuit cases
- Understanding and applying Arizona v. Gant into practical practice
- Learning the importance of police reports and the basic information needed in each report
- Understanding the chain of custody and how one mistake can ruin a whole case
- Applying Brady v. Maryland to social media activity of employees
- Understanding the in-court implications of personal relationships within a department
REGISTER
Below is more information on the course, dates and locations. The course runs from 8 am - 4 pm each day with a one hour lunch (provided). Cost is $200 per person. Click the links to register.
July 27th - Rochester PD
August 4th - Alexandria at Alexandria Technical College
August 17th - Marshall at the MERIT Center
August 22 -Thief River Falls at Ralph Engelstad Arena
August 23rd - Virginia at the Iron Trail Motors Event Center
Law Enforcement Appreciation Nights at Target Field!
 The Minnesota Twins are teaming up with the National Law Enforcement Officers Memorial Fund (NLEOMF) and the Minnesota Law Enforcement Memorial Association (MLEMA) as they host multiple Law Enforcement Appreciation Nights at Target Field.
Select from one of the dates below:
Thursday July 14th vs Chicago White Sox
Friday August 5th vs Toronto Blue Jays
Saturday August 6th vs Toronto Blue Jays
Ticket packages start as low as $15.00 with multiple options to choose from and are available to all law enforcement personnel, friends, family, and the general public.
BUY TICKETS / ORDER ONLINE AT: http://www.nleomf.events or Law Enforcement Appreciation Nights (fevo.com)
In addition, $10 of every ticket purchased goes towards the National Law Enforcement Officers Memorial Fund and the Minnesota Law Enforcement Memorial Association.
Groups of 10+ or any special needs requests, please contact Luis Breazeale at 612.659.3575; [email protected].
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Peace Officer Accredited Training Online
COMMUNITY PARTNERSHIPS GRANT PROGRAM
The StarTribune newspaper reported today on a change in statute that will allow for certain edibles and beverages containing THC to be legal in Minnesota. The article is comprehensive and worth reading and sharing with your personnel.