This policy describes complaint policies and procedures specific to the MPD.

1. Complaint Process Manual

1. The Complaint Process Manual outlines procedures for receiving complaints made against an employee or the Department, and for how complaints are processed. The Complaint Process Manual is available to all MPD employees on the MPD internal site, and on the OPCR’s public site under Complaint Review Process.

2. Complaints shall be processed according to procedures outlined in the Complaint Process Manual.

2. Chief may Determine Investigation

1. The Chief of Police may require that a complaint be investigated by Internal Affairs or other command staff that the Chief deems appropriate, except complaints about the Chief.

2. Complaints about the Chief shall be referred to the Mayor’s Office, who will determine which entity shall investigate the complaint.

3. Signed Complaints

An officer's formal statement may not be taken unless there is filed with the employing or investigating agency a written complaint signed by the complainant stating the complainant's knowledge, and the officer has been given a summary of the allegations.

1. Complaints stating the signer's knowledge also may be filed by employees of the law enforcement agency.

2. Before an administrative hearing is begun, the officer must be given a copy of the signed complaint.

4. External Complaint Reporting

1. Internal Affairs shall accept any and all citizen complaints of misconduct against any employee of the MPD, regardless of the manner in which the complaint is received (anonymous complaints, complaints via email, complaints reported by a third party, etc.).

1. Any person not employed by the MPD may make a complaint alleging employee misconduct by letter, email, phone, or online or in person to any employee in any area of the MPD.

2. If asked, all employees shall provide citizens with a Police Conduct Complaint Form without question.

1. The complaint forms are available at the precincts, at Internal Affairs Room 112 City Hall and at the Office of Police Conduct Review (OPCR), Room 239 City Hall.
2. The complaint form is also available online at:
   https://www.minneapolismn.gov/report-an-issue/police-officer-complaint/

3. If it is not feasible to provide the form to the citizen, the MPD employee shall provide the internet website address where the complaint form may be located online.

2. MPD employees shall never attempt to dissuade a citizen from lodging a complaint and shall not retaliate against any citizen for filing a complaint or participating in a complaint investigation.
3. At no time shall any employee, including supervisors, handle a complaint about themselves. If someone wants to initiate a complaint about the employee to whom they are speaking, the complainant shall be immediately referred to the employee’s supervisor.
4. All citizen complaints of misconduct by an MPD employee shall cause an investigation into the misconduct alleged.

1. The investigation shall continue to its logical conclusion, unless upon initial review by Internal Affairs there is undisputed evidence that the alleged complaint is unfounded and there is no indication of other misconduct in the incident that is unrelated to the original allegation. All cases that are dismissed after initial review shall be documented and filed for future reference.
2. At no time shall a citizen complaint of misconduct received by Internal Affairs result in an inquiry and not an investigation, unless an exception is made for cause by the Chief of Police.

5. Internal Complaint Reporting

1. An MPD employee who initiates a complaint of alleged misconduct regarding another MPD employee, per P&P 2-101, should refer to the Complaint Process Manual for appropriate procedures.

2. If the accused employee is the Internal Affairs supervisor, an Internal Affairs investigator, or MPD administrative command staff, the Chief of Police or the Chief’s designee shall determine how the complaint is investigated.
3. Complaints about the Chief shall be referred to the Mayor’s Office, who will determine which entity shall investigate the complaint.

6. Employees as Criminal Suspects

1. If any MPD employee is a suspect in a criminal case or the development of a case leads to an MPD employee being a suspect within the jurisdiction of the MPD, Internal Affairs will investigate the criminal case unless another entity is designated by the Commander of Internal Affairs or the Chief of Police. MPD’s Internal Affairs will also investigate all potential policy and procedure violations relative to the criminal case.

2. If the criminal case is outside the jurisdiction of the MPD, Internal Affairs will monitor the criminal case and handle the administrative case, unless the Chief of Police designates otherwise.
3. Officer-involved shootings will be handled in accordance with P&P 7-810 and the applicable labor agreement.

7. Garrity Decisions in Complaint Investigations

1. MPD employees are required to give a statement when ordered to do so regarding matters pertaining to the scope of their employment and their fitness for duty.

1. These statements or the fruits thereof, compelled as a condition of employment, cannot be then used in any criminal proceedings against the employee, except in cases of alleged perjury by the employee giving the statement (Garrity vs. New Jersey, 1967, U.S. Supreme Court).
2. All employees shall answer all questions truthfully and fully render material and relevant statements to a competent authority in an MPD investigation when compelled by a representative of the Employer, consistent with the constitutional rights of the individuals.

2. All statements of involved police employees shall be signed and sworn. Any employee found to have intentionally given a false statement shall be subject to MPD disciplinary procedures, up to and including dismissal.
3. Criminal violations shall be referred to the appropriate prosecuting authority for review, in accordance with section [F] of this policy. The administrative case involving alleged policy and procedure violations may proceed independent of the criminal case.

8. Internal Affairs Records and Other Complaint Data

1. All complaint records, case files, and hearing records shall be maintained according to the Complaint Process Manual and the MN Government Data Practices Act (MGDPA).

2. The Minnesota Government Data Practices Act (MGDPA) governs the information concerning investigations of alleged misconduct by MPD employees.

1. The specifics of an investigation are not public data and shall not be disclosed, except when authorized and required under the MGDPA or a court order.
2. Information regarding disciplinary action, including the basis or nature of discipline, is not public unless and until it reaches final disposition, and the information shall not be disclosed except when authorized and required under the MGDPA or a court order.
3. A Final disposition occurs when all the appeal processes afforded an employee have been concluded. This includes a Grievance Procedure, Binding Arbitration, and a Civil Service Commission Hearing Process.

3. All requests or inquiries for data shall be handled by Records Information and Internal Affairs.

The City of Minneapolis and the MPD are committed to providing members a work environment free from workplace discrimination, sexual harassment and other forms of workplace harassment, and workplace retaliation.

1. This policy applies to all forms of workplace discrimination, harassment, and retaliation, including conduct based on a person’s protected class status.
2. Workplace discrimination, harassment, and retaliation in the workplace are unacceptable and will not be condoned or tolerated. Every member has a responsibility to comply with the City of Minneapolis’ Anti-Discrimination, Harassment and Retaliation Policy (“ADH&R Policy”).
3. In addition to violating the City’s and MPD’s policies, workplace discrimination, harassment, and retaliation may be a violation of Federal and State laws as well as the Minneapolis Civil Rights ordinance, and may expose not only the City, but also individuals, to significant liability under the law.

3. Acts of workplace discrimination, harassment, and retaliation are forms of serious misconduct and will result in investigation and may result in disciplinary action, up to and including termination.
4. Supervisors are held to a higher standard of conduct and shall be subject to a higher level of discipline for engaging in any form of workplace discrimination, harassment, or retaliation, or for failing to enforce the Anti-Discrimination, Harassment and Retaliation Policy (“ADH&R Policy”).
5. It is the policy of the City of Minneapolis to encourage members who feel they have been subjected to workplace discrimination, harassment, or retaliation, or who have knowledge of, or believe that workplace discrimination, harassment, or retaliation has occurred, or is occurring within City government, to report these concerns to the Human Resources Department.

Investigative Authority

1. The Human Resources Department is the main investigative authority for all complaints alleging a violation of the City’s ADH&R Policy, and is obligated to promptly and thoroughly investigate all such claims of workplace discrimination, harassment, and ADH&R-related retaliation.

2. MPD Internal Affairs may investigate the complaint involving MPD members as requested by, in conjunction with, or separately from the City’s Human Resource Department.
3. The Commander of Internal Affairs or the Commander’s designee shall serve as the MPD’s liaison to Human Resources for complaints which are based on an alleged violation of the City’s ADH&R policy.
4. Other members may assist Human Resources as requested by Human Resources or as determined by the Chief of Police.

Investigative Process

1. Each investigative body has the responsibility for documenting their own investigative process.

2. The Human Resources investigative process will comply with procedures established by the Human Resources Department and the City’s ADH&R policy.
3. The complainant and subject of the investigation will be informed of the status by either Human Resources or the Minneapolis Police Department.

Complaint Reporting

1. The Human Resources Department is the first contact for all workplace discrimination, harassment, and retaliation complaints.

2. Supervisors who become aware of workplace discrimination, harassment, or retaliation, or who receive a complaint of workplace discrimination, harassment, or retaliation shall take immediate action.

1. In all cases supervisors shall document the information on the alleged incident and forward it to Human Resources, with a copy to Internal Affairs.
2. All documentation shall include, but not be limited to: the complaint activity, time, place, persons involved, witnesses, and supervisor’s response.

3. Managers, supervisors and all members shall immediately refer any threats, complaints of a criminal nature, or other attempts at workplace retaliation for reporting workplace discrimination or harassment to Human Resources and Internal Affairs.

1. If the Human Resources supervisor or an Internal Affairs investigator is not available, the Watch Commander shall be notified.
2. Watch Commanders shall take immediate action (e.g. separate parties) if the situation warrants. The Watch Commander shall document the incident and their response, and shall forward the documentation to Human Resources and Internal Affairs prior to the end of their shift.

Correspondence to Be Kept Confidential

All correspondence on workplace discrimination, harassment, and retaliation complaints is to be kept confidential with only the involved parties and those determined to have a need to know being notified.

To establish policy regarding responding to requests from the Office of Police Conduct Review (OPCR).

OPCR Investigative Authority: Minneapolis Code of Ordinances, Title 9, Chapter 172, Sections 172.10 and 172.20 provides OPCR authority to investigate complaints of misconduct on the part of officers of the Minneapolis Police Department and make recommendations regarding the merits of such complaints to the chief of police.

1. In accordance with the Minneapolis Code of Ordinances, Title 9, Chapter 172 Section 172.90, Office of Police Conduct Review staff shall have full, free and unrestricted access, to the extent authorized by law, to the records of the Minneapolis Police Department in order to conduct investigations of police misconduct; facilitate research and study projects for the Police Conduct Oversight Commission; and conduct special reviews and programmatic reviews at the request of the mayor, city council, internal auditor, city departments, or boards and commissions.

2. The failure by any official or employee of the Minneapolis Police Department to comply with such lawful requests for information, participation, or access shall be deemed an act of misconduct.
3. Sworn employees receiving notice from OPCR to arrange for an interview or mandatory mediation shall comply with such requests in a timely and professional manner. (See P&P 3-709 Overtime Policy for OPCR.)

• Bodily Harm: Physical pain or injury, illness, or any impairment of physical condition.
• Chemical Munition: Munitions designed to deliver chemical munition agents from a launcher or be propelled by hand. (P&P 5-313)
• Critical Incident:

  An incident involving any of the following situations occurring in the line of duty:

  • The use of Deadly Force by or against a Minneapolis Police Officer
  • Death or Great Bodily Harm to an officer
  • Death or Great Bodily Harm to a person who is in the custody or control of an officer
  • Any action by an officer that causes or is intended to cause Death or Great Bodily Harm
• Direct Contact: In person or telephone communication between an individual delivering a message and an individual intended to receive the message (Does not include voice mail, or second party messages).
• Discharge a Firearm: Firing a bullet or projectile from the end or muzzle of the weapon.
• Feasible: Objectively reasonably capable of being safely done or carried out.
• Firearms/Ammunition/Firearm Accessories: A device that projects either single or multiple projectiles at high velocity. Ammunition is a term meaning the assembly of a projectile and its propellant. Accessories include but are not limited to holsters, gun cases, firearm optics, suppression devices, cleaning supplies, etc.
• Harassment/Restraining Order: Violating any term of a Harassment/Restraining Order issued by a judge or referee. The Offense code to use for a violation of a Restraining Order is RORDER.
• Investigation: A structured process of gathering, examining, and evaluating facts and evidence to determine what occurred, assess compliance with laws and policies, and support appropriate actions or decisions.
• Limited English Proficiency: Designates individuals whose primary language is not English and who have a limited ability to read, write, speak, or understand English. LEP individuals may be competent in certain types of communication (e.g. speaking or understanding), but still be LEP for other purposes (e.g. reading or writing). Similarly, LEP designations are context specific. An individual may possess sufficient English language skills to function in one setting, but may find these skills are insufficient in other situations.
• MECC: Minneapolis Emergency Communications Center is the city's 911 center that answers emergency and non-emergency calls and coordinates the appropriate response by public safety services.
• Munitions: Types

  Chemical Agent Munitions: Munitions designed to deliver chemical agents from a launcher or be propelled by hand.

  Less-Lethal Impact Munitions: Impact munitions which can be fired, launched, or otherwise propelled.

  Direct Fired Munitions: Less-lethal impact munitions that are designed to be direct fired at a specific target.

  Indirect-Fired Munitions: Less-lethal non-direct impact munitions that are discharged toward a surface in front of a target, intended to impact the subject following contact with the surface.

• Protected Class Status: Protected classes and statuses include race, ethnicity, color, national origin, ancestry, immigration status, sex, gender identity or expression, age, creed, religion, sexual orientation, marital status, parental status or familial status, disability (including pregnancy), genetic information, veteran's status, status with regard to public assistance, and any other protected class status under state, federal, and local laws.
• Sexual Harassment:

  Any unwelcome sexual advances, request for sexual favors, or other verbal or physical acts of a sexual nature when:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
  • Submission to or rejection of such conduct by an individual is used as basis for employment decisions affecting such individual; or
  • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.
• Special Weapons and Tactics Team: A specialized police unit trained and equipped to handle high-risk situations beyond the scope of regular patrol, such as armed barricades, hostage rescues, and high-risk warrant service.
• Substantial Bodily Harm: Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member (MN Statute section 609.02 Subd. 7a).
• Use of Force:

  An intentional contact, directly or indirectly (such as through a weapon or force device), with someone’s body, that causes pain or injury or restricts, controls or directs someone’s movement. Intentionally placing someone in fear of such contact or threatening such contact can also constitute force. This includes, but is not limited to:

  • The use of any weapon, substance, vehicle, equipment, tool, device or animal that inflicts pain or produces injury.
  • Any physical strike to any part of the body.
  • Any physical contact or threat of contact by the member or a weapon that causes or threatens to cause pain or injury.
  • Any physical contact or threat of physical contact by the member that results in physical restriction or manipulation of movement.
  • Unholstering or displaying a weapon when engaged with a subject or subjects, or pointing a weapon at a person.
• Workplace Discrimination: Conduct that interferes with or alters the terms or conditions of a person's employment based on the employee's protected class status, unless otherwise permitted or required by applicable law.
• Workplace Discrimination, Harassment, and Retaliation:

  Conduct that includes workplace discrimination, workplace harassment, or workplace retaliation.

  • Workplace Discrimination: Conduct that interferes with or alters the terms or conditions of a person’s employment based on the member’s protected class status, unless otherwise permitted or required by applicable law.
  • Workplace Harassment: Any unwelcome communication or other activity that occurs based upon a person’s protected class status which unreasonably interferes with the person’s ability to perform their job or creates a hostile, threatening, or intimidating work environment.
  • Workplace Retaliation: The imposition of adverse job consequences on a member because the member initiated or participated in an investigation of a bona fide discrimination, harassment, or retaliation complaint.

  Note: This definition covers ADH&R-related retaliation. P&P 2-105 covers retaliation that falls outside the scope of the City’s ADH&R policy.

• Workplace Harassment: Any unwelcome communication or other activity that occurs based upon an individual's protected class status which unreasonably interferes with the person's ability to perform their job or creates a hostile, threatening, or intimidating work environment.
• Workplace Retaliation: The imposition of adverse job consequences on an individual because the employee initiated or participated in an investigation of a bona fide discrimination, harassment, or retaliation complaint.