In an earlier message today, I advocated that instead of eliminating the
obviously ineffective Civilian Authority, the solution is to create an
Authority with some real authority that can address the problems with
police-community relations that obviously are present.  

Eddie Felien posted a response that the solution is to have the
Minneapolis Civil Rights Commmission handle complaints of police
misconduct since it can award damages.  The problem with this proposal
is that the Civil Rights Commission is currently only empowered to
enforce the civil rights ordinance prohibiting discrimination based on
race, national origin, sex, age, sexual preference (and some other
categories). 
The Civil Rights Commission can therefore only find police misconduct if
it is based on such a discriminatory motive.  It cannot take action in
response to most forms of police misconduct.  For example, if a police
officer beat a suspect for no reason while he/she was handcuffed, but
there was no evidence that the brutality was because of race, sex, etc.,
there would be no violation that the Civil Rights Commission could
enforce.  Furthermore, the Civil Rights Commission can only award
damages, and to a narrow extent, injunctive relief to prevent an ongoing
discriminatory practice.  It has no power to take any disciplinary
action, or even recommend discliplinary action against police who break
the rules.

There could be a possibly creative solution of expanding the powers of
the Civil Rights Commission to include 1) investigating all forms of
police misconduct, and 2) being able to impose disclipline on police
officers, and possibly 3) a new role of making independent policy
recommendations to improve police practices.  In order to do this, there
would have to be additions and/or revisions to existing ordinances, and
possibly charter amendments.

Meanwhile, it is real cop out that the Mayor and city council members
are so ready to eliminate the CRA without any replacement legislation to
ensure better monitoring of police conduct and practices.  

Jordan Kushner
Ward 8
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