2-101 - Duty to Report

MPD employees have a moral, ethical, and in some cases legal duty to report actions or conduct by any employee that would violate law or policy. When any law enforcement officer exceeds their authority, it reflects on every law enforcement officer and it is the Department’s collective responsibility to hold one another accountable.

1. Report violations

Employees shall report any violation of rules, regulations, or laws that come to their attention to their supervisor or to Internal Affairs (or other entity as required) per the requirements below, regardless of the violator's assignment or rank within the Department.

1. Situations requiring immediate notification

1. Firearm discharges

1. All firearms discharges by MPD employees, whether on or off duty, shall require notification to Internal Affairs, other than discharges listed in the exception below.
2. Firearms discharges in the following situations shall not require notification unless they result in injury to a person:

• During training, testing or legal recreation purposes.
• When discharging a firearm with the intention of dispatching an animal.
• Breaching rounds, specialty impact and chemical munitions discharges by SWAT during the course of duty.

2. Other situations

The following situations require that Internal Affairs be immediately notified:

1. An employee is involved in a critical incident as defined by P&P 7-810.

2. An employee is arrested, whether the event occurs in Minneapolis or another jurisdiction.
3. An employee is alleged to have committed serious misconduct or believed to be a suspect in a criminal offense.
4. An employee is alleged to have engaged in bias-based policing (P&P 5-104).
5. An employee is alleged to have used force resulting in great or substantial bodily harm.
6. An employee’s actions result in a person being hospitalized.
7. A suspect in police custody is admitted to the hospital.
8. An employee is alleged to have committed misconduct in a high-profile incident.
9. An employee is involved in any other event or circumstance that immediately affects their fitness for duty.
10. An employee who is required to drive a department vehicle as part of their official duties has a loss or limitation of their driving privileges.
11. An employee is notified that an Order for Protection (OFP), Restraining Order (RA), or a Harassment Order (HA) has been filed against the employee.

1. The employee shall immediately notify Internal Affairs and provide a copy of the OFP, RA, or HA, and the date scheduled for hearing the allegations made in support of the request for the order.
2. The information is required for Department compliance with Federal Law 18 U.S.C. Sec. 922 (g)(8).

2. Notify supervisor

If an employee is involved in a situation requiring notification, the involved employee shall make direct contact with their supervisor or an on-duty supervisor in their assigned precinct or division if their immediate supervisor is unavailable. Notification shall consist of personal telephone communication (no voicemail messages) or in-person contact.

3. Notify Internal Affairs

1. Supervisor who was notified

1. The notified supervisor is responsible for making the notification to Internal Affairs. Notification to Internal Affairs shall consist of personal telephone communication (no voicemail messages) or in-person contact.

2. The supervisor shall also notify the Watch Commander if outside of normal business hours, and if the event occurred in Minneapolis.

2. Employee notification to Internal Affairs

In situations not requiring immediate notification as stated above, employees shall notify Internal Affairs of the violation directly, at the start of the employee’s next shift.

4. Violator is in Internal Affairs

If the violator is part of Internal Affairs, the employee shall report the violation to the Chief or the Chief’s designee.

5. Violator is the Chief

If the violator is the Chief, the employee shall report the violation to the Mayor’s Office.

2. Misconduct at the scene of an incident

1. Non-force related misconduct at the scene

All employees, regardless of rank or tenure, must immediately, or as soon as reasonably possible (but prior to leaving the scene), report any misconduct at the scene of an incident to their supervisor or the supervisor at the scene, as well as to Internal Affairs.

2. Force-related misconduct at the scene

Regardless of tenure or rank, any employee who observes another employee use any prohibited use of force, or inappropriate or unreasonable force (including applying force when it is no longer required), has an affirmative duty to immediately report the incident while still on scene to an on-scene supervisor and by phone or radio to their Inspector or Commander or to their Inspector or Commander's superiors. The employee must also notify Internal Affairs.

• 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.
• 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.
• 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.
• 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.

• 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.