Charter Amendment

The first step to establishing a CPAC is to pass an amendment to the city charter that creates a Civilian Police Accountability Commission, and outlines its basic organization, duties, and powers.

How do we pass an amendment to the city charter?

*Note: the CPAC legislation has been updated to name the board Civilian Police Accountability Commission instead of Council

Draft Proposed Charter Amendment To Establish CPAC

What we are calling “Article __” would be added as a new section to the existing charter. After that language, you can see two parts of Article 7 that will have language changes, as indicated. (Click for PDF)

We, the undersigned, petition the City of Minneapolis Charter Commission to implement/amend the City Charter to read as follows:

ARTICLE ___. CIVILIAN POLICE ACCOUNTABILITY COMMISSION

For this charter’s purpose, “CPAC” means the Civilian Police Accountability Commission

§___.1. - Policy

Through the CPAC, the City must provide for community control of police department policies, budget and accountability.

§___.2. - Duties and powers

(a) The CPAC must make all policies and procedures necessary to operate the police department.

(b) The CPAC must appoint and has the power to commend, discipline or discharge any employee in the department, including the police chief (subject to the Civil Service Commission's rules, in the case of an employee in the classified service).

(c) The CPAC must accept civilian and internal complaints, ensure that they are reviewed, and communicate outcomes to complainants. The CPAC is empowered to investigate all complaints.

(d) The CPAC must investigate all police critical incidents, defined as incidents resulting in substantial bodily harm or death of one or more individuals, even when no allegation of misconduct is made.

(e) The CPAC must review incidents in which a department member draws or utilizes their firearm, Taser, or any other device capable of inflicting pain or injury, even if no allegation of misconduct is made.

(f) The CPAC must investigate allegations of police misconduct, including violations of department policy, and allegations of discriminatory or illegal conduct;

(g) The CPAC must proactively analyze patterns of police behavior, and make policy changes and/or impose discipline as a result.

(h) The CPAC must publish regular reports on investigations, disciplinary actions and other work of the CPAC.

(i) The CPAC must recommend the annual police department budget to the city council for approval.

(j) Compensation. The CPAC must provide for the commissioners’ compensation.

(k) Employment.

(1) Employment and compensation. The CPAC may provide for any necessary employees and for their compensation, may regulate and direct them, and may discipline or discharge them (subject to Civil Service Commission rules, in the case of an employee in the classified service).

(2) Unclassified service. The CPAC may employ in the unclassified service

(A) Attorneys;

(B) Investigators; and

(C) any officer or other employee for whose unclassified status this charter or a general or special law provides.

(3) Other agents. The CPAC may employ any necessary contractor or other agent.

§___.3. - Organization

(a) Composition and Districts. The CPAC comprises 13 commissioners elected by district, every four years where all residents of voting age are eligible to vote for the limited purpose of participating and voting in CPAC elections.

(1) The term “residents of voting age” means all individuals who: (i) are residents, (ii) are at least 18 years old, and (iii) are allowed to vote in local elections under Minnesota law.

(2) At the time of this Amendment’s passage, Minnesota law does not permit individuals who are not citizens of the United States, or who are serving a felony conviction sentence to vote in local elections. However, if Minnesota law changes in a manner that permits those individuals to vote in some or all local elections, this Amendment is intended to allow resident individuals of voting age who are not citizens of the United States or who are serving a felony conviction sentence to vote in CPAC elections.

(b) Qualifications. Eligible candidates must meet these qualifications:

(1) CPAC candidates must have a minimum of two years of documented experience and/or expertise related to protecting civil or human rights or be a survivor of police misconduct, or a family member of an individual killed at the hands of law enforcement or otherwise affected by police violence or misconduct.

(2) CPAC candidates must not have immediate family members who are past or present law enforcement officers. The CPAC members must not have been employed by the Minneapolis police department or other law enforcement agencies, the Minnesota Bureau of Criminal Apprehension, the Hennepin County Attorney or other county attorneys or a law enforcement union or organization representing law enforcement officers.

(3) A candidate running for election to the CPAC must not accept campaign contributions of any kind from donors living or operating outside of the district for which they are running; or from any law enforcement or law enforcement advocacy organization.

(c) Vacancies. Vacancies must be filled by special election within 90 days

(d) Rules. The CPAC must adopt rules for conducting its operations.

§___.4. - Meetings

(a) Regular Meetings. The CPAC must meet at least monthly.

(b) Rules. The CPAC may adopt rules of order for the conduct of its own meetings.

§___.5. - Finances

The City Council must provide funding for the CPAC staff and operations out of the general fund.

§___.6. - Reporting

It must be the policy of the CPAC to make all of its work available to the public in order to promote accountability and transparency, to the extent permitted under the Minnesota Government Data Practices Act.

§ 7.2. - Departments.

(a)(11) a police department, overseen by a Civilian Police Accountability Commission (section 7.3);

§ 7.3. - Police.

(a) Police department. The CPAC has power over the establishment, maintenance, and command of the police department. The CPAC will enact all policies and procedures necessary to operate the police department. The CPAC appoints and may discipline or discharge any employee in the department, including the police chief (subject to Civil Service Commission rules, in the case of an employee in the classified service).

(1) Police Chief

(A) Appointment The CPAC must appoint a police chief

(c) Funding. The City Council must fund a police force of at least 0.0017 employees per resident, and provide for those employees' compensation, for which purpose it may tax the taxable property in the City up to 0.3 percent of its value annually. This tax is in addition to any other tax, and not subject to the maximum set under section 9.3(a)(4).