The Minnesota Supreme Court ruled Monday that Minneapolis isn't employing enough police officers, setting the stage for a hearing later this month in which Mayor Jacob Frey or city attorneys will have to explain why he hasn't met the obligations.
In a nine-page order issued Monday, just 11 days after justices heard arguments in the case, Chief Justice Lorie Skjerven Gildea drew a distinction between the roles Frey and the City Council play in police staffing. Gildea wrote that the City Council had met its obligation to fund a force with a minimum of 731 officers — a number based on the latest census data — when it included funding for a higher number in recent budgets.
But, Gildea wrote, "the Mayor has a clear legal duty under the Minneapolis City Charter to employ at least 731 sworn police officers."
The legal case drew renewed attention to Minneapolis' decades-old police funding requirements, which featured prominently in debates about how to transform policing and public safety after George Floyd's murder in 2020. Last November, voters rejected a proposal that would have eliminated those requirements and cleared the way to replace the Police Department with a new agency.
The latest ruling stems from a lawsuit brought by eight North Side residents, who said they were troubled by violent crime and the city had fallen short on its obligation to employ enough police. The city, meanwhile, countered that it had met its obligation by including funding for more than the minimum number of officers in its budget.
Hennepin County District Judge Jamie Anderson ruled in the residents' favor, and the Court of Appeals reversed that decision. The Supreme Court order lands somewhere in the middle, leaving parts of each order intact and also reversing parts of each.
The court wrote that justices plan to issue a lengthier opinion in the future, but Gildea's order offered a preview of their thinking.
The chief justice wrote that the City Council's legal duty was "uncontested" and "clear." The charter said the council had to "fund" at least 731 officers based on the latest population counts, and a recent budget included money for 770.
To arrive at the conclusion that Frey had to ensure the city employed at least 731 officers, Gildea looked in part at prior versions of the charter, which said the mayor was responsible for the "maintenance" of the police department and that it should be "established and maintained at a ratio" of 1.7 employees per 1,000 residents. Those obligations remained in place when voters, in 2013, approved a change meant only to modernize language in the charter, she wrote.
James Dickey, an attorney representing the North Side residents who brought the lawsuit, said Monday that they welcomed the court's order, adding that it was "a relief" to finally have closure on how to interpret the requirements.
"To us, it doesn't really matter who's at fault here for the lack of police," Dickey said. "The problem is just that there need to be more police based on the city charter."
Dickey is representing residents Cathy Spann, Aimee Lundberg, Jonathan Lundberg, Don Samuels, Sondra Samuels, Julie Oden, Audua Pugh, and Georgianna Yantos. Don Samuels is running for Congress in the 5th District as a Democrat.
The Supreme Court's ruling sends the case back to Judge Anderson, who had previously given city officials until June 30 to hire more police officers or demonstrate in good faith why they couldn't.
The city's attorneys acknowledged in legal proceedings that they're unlikely to meet the requirements by that deadline. City data showed the Police Department had 621 officers on its payroll as of late May, including 39 who were on a "continuous leave" lasting nearly two weeks or longer.
Interim City Attorney Peter Ginder said in a statement Monday that his team was "still reviewing the full impact of this order and will be prepared to appear in district court."
Ginder said the city has about 300 fewer police officers than it did before Floyd's killing, which he said is "an unprecedented loss of personnel that is not easily corrected." He noted that the city has provided funding for additional recruit classes, hiring bonuses and officer wellness programs.
"Mayor Jacob Frey, the Minneapolis Police Department and city are working in good faith to recruit and hire more community-oriented peace officers as quickly as reasonably possible," Ginder said.
After the hearing, Anderson is expected to decide whether Frey has made a good faith effort to meet the minimum staffing requirements. It's unclear what might happen if she decides he has not.
The Supreme Court's order noted that Anderson can order the mayor to meet his legal obligation — or explain why he can't — but that she "may not control the manner in which the Mayor exercises his discretion to hire the requisite number of officers."
Read the decision below:
