I read the article and have been following the story lines of the dispute between Pequot Lakes and some of the local residents and business leaders over the police issues in their city and area. It appears that the City of Pequot Lakes is trying to side step their concerns , by trying to throw some legal mumbo jumbo at them. I applaud the citizens for trying to do what they think is right.

So lets start with the facts. There are residents and business leaders who have either direct complaints or indirect complaints about some officers behavior or conduct in Pequot Lakes. The city has an obligation to hear ALL the concerns and take action and investigate ALL complaints. The mayor is quoted in the Lake Country Echo as stating “it is illegal to report false allegations of police misconduct.” It sounds like the City has already determined whether or not these claims are factual. The fact is, it is an impeachable offense to have complaints come in and do nothing. Where under Minnesota Statutes does it say these complaints have to come in city forms? Or State forms…or on any forms for that matter?

The State POST Board sets up the procedure for addressing complaints about a licensed peace officer in the State of Minnesota. The only action or inaction they can take is against the Peace Officers license. They will do a full investigation if the City does not investigate the claims of its citizens. Mn Statues 6700.2200 and 6700.2000 set up the procedure for investigation of misconduct. http://www.dps.state.mn.us/newpost/faqs/faqs.htm#VI

If the City did not give the parties involved the procedure for dealing with misconduct in their jurisdiction; they are in violation of state law.

As a concerned citizen of Minnesota and a local resident, and a former elected public official, I take crimes of office very seriously. The Mayor and city council has an obligation to its citizens to see that their police department is following the law. The police have an obligation to serve and protect. When citizens feel that either of those have strayed outside their obligations or breached the public trust, the City MUST do what is right.

I don’t see the city taking this seriously or them taking the law seriously either. They want their cake and eat it too. How can a City that adopts an administrative fine ordinance that is in direct contradiction and violation of Minnesota State law for dealing with traffic violations, be taken seriously when they use the law only to hide behind it when it suits their needs?

I have dealt with this very issue in many cities and counties throughout the state. One thing elected officials need to keep in mind...most people do not just make up accusations against a peace officer. They actually feel or are convinced they have witnessed/ or experienced what constitues Police misconduct.

What is police misconduct? Lets look at this. The State of Minnesota defines it by stautute as: Mn Statute 6700.2000 Subp. 3. Misconduct."Misconduct" means an act or omission by an employee or appointee of an agency licensed by the board which may result in disciplinary action by the agency or appointing authority.

But I will look at it in a more defined nature. The US Department of Justice defines POLICE MISCONDUCT as the "Police Misconduct Provision". It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242).

This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. (42 U.S.C. § 14141).

The types of conduct covered by this law can include, among other things, excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests. In order to be covered by this law, the misconduct must constitute a "pattern or practice" -- it may not simply be an isolated incident. The DOJ must be able to show in court that the agency has an unlawful policy or that the incidents constituted a pattern of unlawful conduct. However, unlike the other civil laws discussed below, DOJ does not have to show that discrimination has occurred in order to prove a pattern or practice of misconduct.

What remedies are available under this law?

The remedies available under this law do not provide for individual monetary relief for the victims of the misconduct. Rather, they provide for injunctive relief, such as orders to end the misconduct and changes in the agency's policies and procedures that resulted in or allowed the misconduct. There is no private right of action under this law; only DOJ may file suit for violations of the Police Misconduct Provision.

Then there is violations of the law under this provision.

Title VI of the Civil Rights Act of 1964
and the "OJP Program Statute"

Together, these laws prohibit discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from the Department of Justice. (42 U.S.C. § 2000d, et seq. and 42 U.S.C. § 3789d(c)). Currently, most persons are served by a law enforcement agency that receives DOJ funds. These laws prohibit both individual instances and patterns or practices of discriminatory misconduct, i.e., treating a person differently because of race, color, national origin, sex, or religion. The misconduct covered by Title VI and the OJP (Office of Justice Programs) Program Statute includes, for example, harassment or use of racial slurs, unjustified arrests, discriminatory traffic stops, coercive sexual conduct, retaliation for filing a complaint with DOJ or participating in the investigation, use of excessive force, or refusal by the agency to respond to complaints alleging discriminatory treatment by its officers.

What remedies are available under these laws?

DOJ may seek changes in the policies and procedures of the agency to remedy violations of these laws and, if appropriate, also seek individual remedial relief for the victim(s). Individuals also have a private right of action under Title VI and under the OJP Program Statute; in other words, you may file a lawsuit yourself under these laws. However, you must first exhaust your administrative remedies by filing a complaint with DOJ if you wish to file in Federal Court under the OJP Program Statute.

And finally, under federal jurisdiction, there is this provision.

Title II of the Americans with Disabilities Act of 1990
and Section 504 of the Rehabilitation Act of 1973

The Americans with Disabilities Act (ADA) and Section 504 prohibit discrimination against individuals with disabilities on the basis of disability. (42 U.S.C. § 12131, et seq. and 29 U.S.C. § 794). These laws protect all people with disabilities in the United States. An individual is considered to have a "disability" if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

The ADA prohibits discrimination on the basis of disability in all State and local government programs, services, and activities regardless of whether they receive DOJ financial assistance; it also protects people who are discriminated against because of their association with a person with a disability. Section 504 prohibits discrimination by State and local law enforcement agencies that receive financial assistance from DOJ. Section 504 also prohibits discrimination in programs and activities conducted by Federal agencies, including law enforcement agencies.

These laws prohibit discriminatory treatment, including misconduct, on the basis of disability in virtually all law enforcement services and activities. These activities include, among others, interrogating witnesses, providing emergency services, enforcing laws, addressing citizen complaints, and arresting, booking, and holding suspects. These laws also prohibit retaliation for filing a complaint with DOJ or participating in the investigation.

What remedies are available under these laws?

If appropriate, DOJ may seek individual relief for the victim(s), in addition to changes in the policies and procedures of the law enforcement agency. Individuals have a private right of action under both the ADA and Section 504; you may file a private lawsuit for violations of these statutes. There is no requirement that you exhaust your administrative remedies by filing a complaint with DOJ first.

How to File a Complaint with DOJ

Criminal Enforcement

If you would like to file a complaint alleging a violation of the criminal laws discussed above, you may contact the Federal Bureau of Investigation (FBI), which is responsible for investigating allegations of criminal deprivations of civil rights. You may also contact the United States Attorney's Office (USAO) in your district. The FBI and USAOs have offices in most major cities and have publicly-listed phone numbers. In addition, you may send a written complaint to:

Criminal Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66018
Washington, D.C. 20035-6018

The numbers are as follows:

FBI Minneapolis
Suite 1100
111 Washington Avenue, South
Minneapolis, Minnesota 55401-2176
minneapolis.fbi.gov
(612) 376-3200

United States Attorneys Office
Frank J. Magill, Jr., USA
600 U. S. Courthouse
300 South Fourth Street
Minneapolis, MN
(612)664-5600 (612)664-5787

It is not a crime to stick up for your rights or to make a complaint if you feel your rights have been violated. Do not let public officials try to intimidate you.

If you need assistance in filing a complaint with the POST Board or the US Department of Justice and/or the FBI

Contact me: mndapa1@yahoo.com

Other useful links:
http://www.aclu.org/police/abuse/index.html
http://www.wiu.edu/library/govpubs/guides/policem.htm
http://www.hrccj.org/hrccj/issues_police_misconduct.html
http://www.aele.org/revocation-slu.html
http://www.lawcollective.org/article.php?id=94
http://www.worldfreeinternet.net/news/nws200.htm
http://www.vera.org/publication_pdf/178_338.pdf