Nearly two dozen police departments across the country are currently under consent decrees, which can serve as a powerful tool to end racist and unconstitutional policing by improving police practices and accountability. Many cities, however, are facing significant delays in implementing these reforms, and in some cases, current decrees have been ongoing for decades.
The Louisville Police Department reached a settlement with the Department of Justice prompted by the fatal police shooting of Breonna Taylor. While that agreement was reached in early December, it still awaits a judge’s approval. In Ferguson, Missouri, a federal judge signed off on a consent decree following the killing of Michael Brown. The city has struggled to meet the outlined reforms, and it currently lacks a coordinator to oversee implementation.
After police fatally shot Tyre Nichols, the city of Memphis walked away before the DOJ could even offer a settlement.
These ongoing challenges highlight the difficulties in achieving meaningful reform within police departments despite the existence of consent decrees.
The federal agreement for Minneapolis, approved on Jan. 6, awaits approval from U.S. District Judge Paul Magnuson. Magnuson is known for his involvement in high-profile cases like Fong Lee’s wrongful death suit and the civil rights cases of the Minneapolis officers in George Floyd’s murder. The judge has yet to schedule a formal hearing and has not signed off on the agreement.
Minneapolis stands out as the first city to agree to police reform settlements under both state and federal jurisdictions. The state settlement with the Minnesota Department of Human Rights is already in effect, with a compliance report due by March 17.
The city allocated a total of $27 million in its 2024 and 2025 budgets to implement reforms required by the two consent decrees. This includes $2.5 million set aside to upgrade the city’s IT department to meet the settlement’s demands of increasing accountability and transparency by making data available to the public.
The $27 million is the same amount paid to settle a wrongful death suit brought by the family of George Floyd, whose murder in 2020 prompted the DOJ investigation and subsequent reform agreements.
To ensure compliance with both state and federal decrees, Minneapolis has selected the nonprofit Effective Law Enforcement For All (EFLEFA) as an independent review board. Additionally, Minneapolis Police Chief Brian O’Hara has selected Commander Yolanda Wilkes to oversee the implementation of reforms. This positions Minneapolis uniquely, as it is already moving forward with reforms while many other cities face delays or uncertainties.
“The access the monitoring team has to the information necessary to figure out what’s going on is set out in the decree,” said Christy Lopez, a former civil rights litigator for the DOJ and later a monitor overseeing the Oakland Police Department. “That’s really important, and as much as possible, that information should also be available to the public, so they don’t have to rely on the monitor to conduct those analyses on their own.”
This focus on access and transparency aligns with Arlinda Westbrook’s efforts as a monitor with EFLEFA, where she works to improve complaint filing options. “One of the things we found was a void in people being able to file complaints because you have to make an appointment to get into City Hall,” Westbrook said. “We know that’s not really an open forum for complaints.”
To address this, Westbrook is expanding complaint filing options at community sites through training and resources, in line with the state’s settlement agreement.
It’s unlikely that Minneapolis will face the same types of delays as other cities, given it has already appropriated funds and named an overseer in the process. But Police Chief Brian O’Hara did note challenges brought on by a shortage of Field Training Officers (FTOs), who ensure new recruits understand and adhere to the legal and ethical standards set forth in the settlements.
“One of our biggest challenges is ensuring we have enough FTOs,” O’Hara said. To address this, he proposed using sergeants or lieutenants as substitutes or offering overtime to train FTOs. FTO training is considered crucial for ensuring officers follow constitutional policing standards, with a focus on accountability and preventing abuses like those seen in George Floyd’s murder.
Clint Combs welcomes reader responses to ccombs@spokesman-recorder.com.