Opinion editor's note: Editorials represent the opinions of the Star Tribune Editorial Board, which operates independently from the newsroom.
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The twisted tale of former Hennepin County Sheriff David Hutchinson's bad behavior continues. He was on paid leave from his elected position since last May after being found guilty of driving and wrecking a county vehicle while under the influence. His Minnesota peace officer's license was temporarily suspended.
Then the Hennepin County Board censured him after an investigation determined that he had engaged in a pattern of workplace bullying that included racist, sexist, harassing and retaliatory behavior. Throughout all that, he refused to resign even though Gov. Tim Walz and other officials urged him to step down.
Yet despite those troubling offenses — which raise questions about Hutchinson's ability to be an effective officer and supervisor — the Metropolitan Council was obligated to reinstate him. Early this month, he returned to the job he left as a Metro Transit Police Department sergeant because state law requires it. Because of union wage increases, Hutchinson even received a pay raise — from $92,060 annually to $114,587.
That's raised the ire of many Minnesotans. And it has prompted a state lawmaker to raise reasonable questions about that law. It is undoubtedly worth exploring legislative ways to limit or prevent reinstating public employees with records like Hutchinson's.
Sen. Warren Limmer, R-Maple Grove, is working on legislation that would repeal the law. The statute says that an elected city, county, or tribal council official in Minnesota "shall be reinstated in the public position held at the time of entry into the legislature or taking city, county, or tribal council office."
According to the Minnesota Legislative Library, the statute was passed in 1974 and only applied to those elected to the Legislature. In 1977, it was amended to include other elected officials.
Limmer told an editorial writer that the Hutchinson situation prompted his concern, but that his bill would not be about that one case. He wants his legislation to repeal the statute because it applies to any elected official. He believes there will be bipartisan support because he's had colleagues who have had to choose whether to stick with their jobs or run for office.
"Government jobs should not be a safety net for failed politicians," Limmer said in a statement. "If you leave a job in the private sector, it's not held for you indefinitely. It's a disservice to the state and taxpayers to give public employees this kind of job security, while private employees have no such guarantee."
He added, however, that he intends for the legislation to refrain from interfering with any collective bargaining and federal rules for veterans that include similar job protections. Repealing or modifying the statute may also not affect intergovernmental transfers that allow government employees to serve in another agency and return to their original jobs. And he's open to allowing employees to reapply for their previous positions.
As for Hutchinson, a Metro Transit spokeswoman declined to discuss his status or job duties. However, a Star Tribune data practices request found that he is listed as an "active" employee. The spokesperson also said that since the reinstatement, a formal complaint has been filed and is under investigation.
Minnesotans should be pleased Limmer is on the case. There should be some provision in state law that allows a government employer to reject the reinstatement of an employee because of egregious behavior or certain types of criminal convictions.
