Opinion editor's note: Editorials represent the opinions of the Star Tribune Editorial Board, which operates independently from the newsroom.
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When accusations of misconduct against a police officer are verified and coaching is the consequence, should that information be made public?
We think it should. That's the worthy point of a lawsuit the Minnesota Coalition on Government Information (MnCOGI) brought against the city of Minneapolis. The open-government group is rightly seeking action to clarify the definition of discipline as defined in the state's Government Data Practices Act.
In the latest ruling on the case, a Hennepin County judge found state law on the matter "ambiguous" and ordered that the parties meet to discuss remedies. The Legislature should remove any ambiguity in the interest of transparency and better policing.
In too many cases in Minneapolis, "coaching" has been the consequence for officers accused of misconduct. Minnesota law makes final disciplinary files on cops public data. But because coaching is not considered to be discipline, the Minneapolis Police Department and the city argue, they can keep that information secret.
That's not in the best interest of the public and ought to change. MnCOGI is rightly seeking to have the city share the information — a step a city serious about police reform should take. The organization is also considering requesting that the Legislature clarify the definition of discipline in state statute.
This important police reform issue was highlighted when information about former MPD officer Derek Chauvin's history was revealed after he killed George Floyd in May 2020. Chauvin had multiple misconduct complaints filed against him, including one in which he allegedly subdued a 14-year-old similar to the way he restrained Floyd. But Chauvin was not disciplined, so it's possible that coaching was used instead and those cases were kept out of public view.
Data filed in the MnCOGI litigation shows that during the past 10 years, about 90% of sustained violations by MPD cops resulted in coaching and could be kept secret.
A spokesman told an editorial writer that the city could not comment on pending litigation. He provided information that the city filed with court in 2021 that said its position on coaching is that it is a "nondisciplinary management tool" to help improve employee performance.
Don Gemberling, a MnCOGI board member and spokesman, said it's essential for the public to have information about complaints made against police and any consequences they face. He told an editorial writer that MnCOGI will continue to talk with the city as directed by the court.
Paul Ostrow, a former MnCOGI board member who helped initiate the group's legal action, agrees that both city and state action are needed. In an interview with an editorial writer and in an opinion piece he wrote for the Minnesota Reformer, he described coaching as a "loophole" that needs to be closed. He said keeping this information out of public view is "anathema" to what the state Data Practices Act intends.
As a former Minneapolis City Council member, Ostrow said that for some public officials the desire to handle these types of employee issues internally doesn't always come from a "malevolent place." He also believes that many officers appreciate more rather than less transparency.
But he added that the public's "right to know" should supersede the right to privacy when it comes to verified police misconduct.
Minneapolis officials should look to change this policy on coaching when the city renegotiates its contract with the police union. And the Legislature should consider clarifying the state statute.
