LISTEN

During the 2020 2^nd Special Session, legislators passed a bill that includes the following measures:

• Defines “public safety peer counseling” and “critical incident stress management” and protects information shared during peer counseling and critical incident stress management settings by classifying it as private data.
• Establishes the Independent Use of Force Investigations Unit within the Bureau of Criminal Apprehension (BCA).
• Allows cities and counties to offer incentives to encourage a person hired as a peace officer to be a resident of the city or county.
• Severely restricts the use of choke holds, tying all of a person’s limbs together behind the person’s back to render the person immobile, or securing a person in any way that results in transporting the person face down in a vehicle.
• Provides that the authority to use deadly force conferred on peace officers is critical responsibility that must be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life.
• Limits use of deadly force and prohibits use of deadly force against a person based on the danger the person poses to self.
• Requires the chief law enforcement officer to report each incident of law enforcement use of force resulting in serious bodily injury or death to the BCA.
• Increases the number of Peace Officer Standard and Training (POST) Board members from 15 to 17, with the two additional appointments being members of the public appointed by the governor (this increases the number of members of the public on the POST Board from two to four).
• Prohibits law enforcement agencies from providing or funding “warrior-style” training to peace officers and prohibits officers from receiving continuing education credits or tuition reimbursement for warrior-style training.
• Establishes the 15-member Ensuring Police Excellence and Improving Community Relations Advisory Council under the POST Board, whose purpose is to assist the board in maintaining policies and regulating peace officers in a manner that ensures the protection of civil and human rights.
• Requires the POST Board to develop a “duty-to-intercede” model policy mandating peace officers to intercede when present and observing another peace officer using force that is clearly beyond what is objectively reasonable (this provision also contains a duty to report the incident to a supervisor).
• Requires chief law enforcement officers to report investigation and disposition of cases involving alleged police misconduct, and creates a database for the reports.
• Expands peace officer training in cultural diversity, mental illness, crisis intervention, and autism.
• Modifies the arbitration for law enforcement grievances so the arbitrator would be chosen from a six-person rotation in alphabetical order, and neither the officer nor the employer could be involved in choosing the arbitrator.

During the 3^rd one-day Special Session on August 12, the Legislature made a few minor changes to the Police Accountability Act that was passed in the second special session in July.

The following questions and topics were asked about and addressed by participants in the City’s Community Conversation and Listening Session hosted on July 7th, 2020.  

Neighborhood Oriented Policing-During the late 1990's, the New Brighton Police Department implemented a new community-oriented policing approach, the Neighborhood Oriented Policing (NOP) program. Utilizing the twenty existing police patrol grids that sectioned the community
into neighborhoods based on roadway intersections and natural geographic boundaries
within the City of New Brighton, areas of individual responsibility were defined. Patrol
officers then received permanent assignments to these particular neighborhoods, although
they may change shift or beat assignments. Officers were required to commit dedicated
patrol time during their daily shifts to their assigned neighborhood.  The five original tenets of the Neighborhood Oriented Policing (NOP) philosophy were:

1. Increase successful communication between police and neighborhoods
2. Develop problem-solving of neighborhood issues with the officer and residents
3. Decrease crime and social problems
4. Co-ownership and accountability in neighborhoods by police and community members
5. Create safer and more secure neighborhoods

Recommendations of the Inclusive Community Task Force-The City Council formed an Inclusive Community Task Force in October 2017.  The results from the task force can be viewed by CLICKING HERE.

Traffic Stop Data-This is an area that we will continue to collect data on and evaluate.  The Public Safety Commission will be examining this topic.  Additional traffic stop information can be gathered by viewing our Traffic Stop Information Page.

Police Budget-Police expenditures represent 31.17% of the City Budget.  The following is a breakdown of the percentage of the City Budget spent on each policing  function.  

Spending on Community Services-The City partners with community services organizations to address community needs.  In cooperation with other Ramsey County Police Departments the city contracts with Northeast Youth and Family Services to provide a Community Case Manager to work in partnership with the police department to address mental health and other long term individual needs.  

Training on Mental Health Issues-All officers receive a substantial amount of training and are trained in Crisis Intervention and Mental Illness, Conflict Management and Mediation, and Implicit Bias.  More information on training can be found in the Training Tab located below.

Shared Services with Neighboring Communities-The Public Safety department participates in a large variety of partnerships.  A link to the presentation delivered to the Public Safety Commission presentation on partnerships can be located by CLICKING HERE. 

New Brighton/Mounds View Property Managers Coalition-The NB/MV Apartment Managers Coalition is led by police and code enforcement staff from New  Brighton and Mounds View and brings together apartment management from throughout the community to provide training and facilitate relationships to provide a range of high quality housing for all income levels.  Additional information about the award winning Multi-Housing program can be found at this link.    

Warrior Training-The Police Division no longer sends people to any of this type of training.  The last staff who attended this training was in 2016. 

Trauma Informed Training-In conjunction with the Ramsey County Sexual Assault Protocol Team all police officers have received Trauma Informed Training.  Consistent with the decision by the Ramsey County Police Chiefs Association this is mandatory training for all new police officers.  

The New Brighton Department of Public Safety, in partnership with the community, is dedicated to protect, serve, and educate.  We value and promote a respect for human dignity by ensuring a common goal of a safe community.

Public Safety has received some questions about its experience with no-knock warrants in New Brighton.  Since 10/01/2016, New Brighton has been issued 261 total search warrants; only 2 of those have requested unannounced (no-knock) entry.  One of those was related to the hostage incident and shots fired at police officers that occurred on Long Lake Road in April 2020.  Minnesota Statute 626.14 governs the use of No-Knock Search Warrants. 

The Summer 2020 City of New Brighton Newsletter featured the Public Safety Department’s unique delivery model for local law enforcement services.  The issue can be viewed by CLICKING HERE.

City of New Brighton Public Safety Commission was formed on December 13, 1994.  The Public Safety Commission  advises the Council on matters related to the goals, policies and operations on public safety functions and human rights issues.

The meeting agendas, minutes, recordings, and packets can be located by CLICKING HERE.  The are located at the bottom of the page under the Frequently Requested Documents section.  

The City of New Brighton has conducted several public meetings related to policing.  Additional information and the links to each meeting can be found below;

2022 SESSIONS

• June 13th Public Safety Commission Meeting-Unmanned Aerial Vehicle
• May 10th Public Safety Commission Meeting-25mph Residential Speed Limits
• April 11th Public Safety Commission Meeting-Diversity, Equity, and Inclusion
  
• March 14th Public Safety Commission Meeting-2021 Traffic Stop Data Review
• February 14th Public Safety Commission Meeting-Year-End Use of Force Review and 25mph Speed Limits
• January 10th Public Safety Commission Meeting-Diversity, Equity, and Inclusion presentation

2021 SESSIONS

• December 13th Public Safety Commission Meeting-Ramsey County Emergency Communications Center
• November 8th Public Safety Commission Meeting-Traffic Calming and Engineering Mitigation Measures
• August 9th Public Safety Commission Meeting-Public Safety Recruitment and Retention
• July 12th Public Safety Commission Meeting- All Hazard Incident Management Team
•  May 10th Public Safety Commission Meeting- 2020 Traffic Stop Data Follow-Up-CLICK HERE for presentation materials
• March 8th Public Safety Commission Meeting- 2020 Crime Stats Review-CLICK HERE for presentation materials
• March 2nd/February 25th Neighborhood Watch Meeting-CLICK HERE for presentation materials
• February 23rd City Council Work Session-Criminal Incidents and Statistics
• February 8th Public Safety Commission-2020 Traffic Stop Data
• January 11th Public Safety Commission Meeting-Pathways to Policing-CLICK HERE for presentation materials

2020 SESSIONS

• December 14th Public Safety Commission Meeting-Traffic Stop Data Collection-CLICK HERE for presentation materials
• November 9th Public Safety Commission Meeting-Agency Use of Force Training Presentation
• October 12th Public Safety Commission Meeting-Agency De-Escalation Training Presentation
• September 14th Public Safety Commission-Traffic Stop Data Collection, Presentation materials can be found HERE.
• August 10th Public Safety Commission- Use of Force Review, Presentation materials can be found HERE
• July 13th Public Safety Commission  -Body Worn Camera Annual Update
• July 7th Public Listening Session
• June 30th City Council Work Session
• June 23^rd City Council Work Session  Presentation materials can be found by CLICKING HERE
• June 9^th City Council Work Session -Beginning at 1:05:30
• June 8^th Public Safety Commission - Beginning at 4:10

The New Brighton Department of Public Safety is subject to numerous external oversight functions to ensure compliance with all applicable statutes and administrative regulations.  Listed below is a non-inclusive list of external oversight functions

• MN Police Officer Standards and Training Policy Compliance Audit
• MN Police Officer Standards and Training Use of Force Training Audit
• MN Police Officer Standards and Training Firearms Training Audit
• MN Police Officer Standards and Training Emergency Vehicle Operations Audit
• MN Police Officer Standards and Training Individual Training Audit
• MN Emergency Services Regulatory Board Emergency Medical Technician/Emergency Medical Responder Course Review
• MN Bureau of Criminal Apprehension Criminal Justice Information Service Audit
• MN Department of Corrections Temporary Holding Facility Audit
• Police Body Worn Camera Review Audit
• Public 1st Amendment Audit
• Public Video of Officer Encounters
• Training Knowledge Verification
• Annual Municipal Audit

The City of New Brighton and New Brighton Department of Public Safety has internal audit processes to ensure compliance with all applicable policies, statutes, and ensure adherence with the Mission of the agency.  A non-inclusive list is outlined below;

• Random Body Worn Camera Audits-Each month supervisors review officers body worn camera videos to ensure compliance with policy, properly operating equipment, and the officer and respectful and appropriate.
• Use of Force Audit-Each week any use of force is reviewed by Senior Command Staff, Use of  Force Instructors, and Civilian Records staff to ensure compliance with policy and statutes. 
• Motor Vehicle Pursuit Audit-Each week any motor vehicle pursuit the agency initiated or participated in is reviewed to ensure policy compliance.
• Civilian Review of All Reports-Non licensed civilian staff with direct reporting authority to the Director of Public Safety review all reports and all calls for service
• Internal Training Audit-Senior Command staff review each officers training file to ensure all mandatory training is completed and all policy changes are acknowledged
• Evidence Room Audit-Any change in evidence room personnel initiates a full evidence room audit
• Supervisory Review of All Reports-All reports are reviewed by a Supervisor to ensure compliance with agency policy, completeness, and accuracy. 
• Supervisor Attendance At Calls For Service-Supervisor always on-duty and First Line Supervisors attend calls to provide oversight and training.
• Internal Financial Controls-All purchases are reviewed by a Supervisor and reviewed by the Finance Department to ensure compliance with purchasing policies
• Civilian Supervisory Oversight-Police Officers are supervised by Police Sergeants.  Police Sergeants supervised by Deputy Directors of Public Safety.  Deputy Directors supervised by Director of Public Safety.  Director of Public Safety supervised by the City Manager.  City Manager supervised by the City Council.  

Below is the breakdown of the City Budget allocations to the Public Safety Department Police Division.  Additional information about the entire City Budget can be found the CLICKING HERE. 

The City of New Brighton conducted community surveys in the years 2013, 2015, and 2017.  

• Among the highest rated services were fire, police, recycling, and fire prevention and education which were given "excellent" or "good" ratings by about 9 in 10 or more respondents
• Of the 27 services listed, 16 were rated "excellent" or "good" by ate least 70% of respondents.  Services related to safety (fire, police, fire prevention and education, crime prevention) recycling and number of City parks and rails were given the highest quality ratings.
• As in previous survey years, in 2017 almost all residents indicated that fire and police services, and drinking water were "essential" or "very important".  More than 9 in 10 also felt that crime prevention, snow removal and plowing and sewer services were important.

The hiring process is focused on ensuring that our police officers support the community and the mission of the agency.  Each step of the hiring process is an opportunity for the agency to identify individuals who do not meet our high standards and expectations.  At any point during the hiring process a candidate may be removed.

City Demographics (2020 Census Data)*

Effective August 1, 2020, a legislative change now allows cities and counties to offer incentives to encourage a person hired as a peace officer to be a resident of the city or county

Total Officers-28

From the Winter 2016 City of New Brighton Newsletter:

Since its publication in May 2015, the New Brighton Department of Public Safety has been reviewing the recommendations of the President's Task Force on 21st Century Policing Report.  Framed around six pillars, the guidelines focus on Building Trust & Legitimacy, Policy & Oversight, Technology & Social Media, Community Policing & Crime Reduction, Training & Education, and Officer Wellness & Safety.  As New Brighton has been a leader in community-oriented policing for decades, we are pleased to report that our agency is already doing many of the recommended actions.

We enjoy strong citizen engagement in policing, with a well-developed Neighborhood Watch and Block Captain program, including National Night Out participation.  Our community partnerships are well-established, especially through our School Resource Officers (SROs) with the Mounds View School District, and the international award-winning New Brighton multi-housing and neighborhood-oriented policing efforts.  The agency is provided citizen oversight by members of the Public Safety Commission advisory group.  The bi-annual City of New Brighton community survey has given valuable insight into opinions about local law enforcements and citizen perceptions of crime and safety.  We have collected and analyzed police officer use of force statistics since the early 1990s.  2016 was a record-low year for criminal activity in the city.  Historically, New Brighton has been doing many things right when it comes to policing.

Yet the 21st Century Policing Report also identified opportunities and areas for improvement in the law enforcement operations of the New Brighton Department of Public Safety.  During the past 18 months, the agency has enhanced its conformance to many of the recommendations and adopted additional ones.  All of our officers have received instruction on implicit bias and de-escalation techniques.  A majority of our patrol staff are trained in the 40-hour Crisis Intervention Team (CIT) for response to mental health emergencies.  Our department policy manual has been updated and now includes Daily Training Bulletins (DTBs) to maintain officer awareness and application of these guiding principles.  An internal technology group was formed to develop a Body Worn Camera (BWC) for police officer program.  Our in-house use of force instructors are researching less than lethal equipment.  The Faith Community Partnership (FCP) project was launched to develop relationships with the leaders of the many churches and congregations that exist within the City of New Brighton.

https://cops.usdoj.gov/pdf/taskforce/taskforce_finalreport.pdf

When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include, but are not limited to:

•     Immediacy and severity of the threat to officers or others.
•     The conduct of the individual being confronted, as reasonably perceived by the officer at the time.
•     Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects).
•     The effects of drugs or alcohol.
•     Subject’s mental state or capacity.
•     Proximity of weapons or dangerous improvised devices.
•     The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained.
•     The availability of other options and their possible effectiveness.
•     Seriousness of the suspected offense or reason for contact with the individual.
•     Training and experience of the officer.
•     Potential for injury to officers, suspects and others.
•     Whether the person appears to be resisting, attempting to evade arrest by flight or is attacking the officer.
•     The risk and reasonably foreseeable consequences of escape.
•     The apparent need for immediate control of the subject or a prompt resolution of the situation.
•     Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others.
•     Prior contacts with the subject or awareness of any propensity for violence.
•     Any other exigent circumstances.

The 2020 Legislature passed significant changes to MN Statutes 609.06, 609.066, and 626.8452.  The Legislature mandated that the POST Board develop an updated Use of Force model policy to reflect the legislative changes, and an updated model policy was approved by the Board at its meeting on August 17^th, 2020.  Pursuant to MN Statutes 626.8452 subd. 1a (3) (c) “By December 15, 2020, the chief law enforcement officer of every state and local law enforcement agency must update the policy required under subdivision 1 so that it is identical or substantially similar to the model policy developed by the board under subdivision 1a. The board must assist the chief law enforcement officer of each state and local law enforcement agency in developing and implementing policies under this subdivision”

The New Brighton Police Division tracks and reviews all uses of force.  Below is information related to uses of force by this agency.  

To aid in the discussion around policies and police use of force, Lexipol has created a new Police Use of Force resource center: https://useofforce.lexipol.com/.  This website includes information for law enforcement and community members including Lexipol’s use of force policy, policy position statements and additional resources.

Several persons have referenced these lists and our agency responses are as follows (with corresponding case law and policy manual references, where appropriate):

https://8cantwait.org/

1.     Ban chokeholds and strangleholds: Pursuant to the United States Supreme Court Decision Graham v. Connor, they are only permitted when deadly force is authorized based on factors in Policy 300.3.2
2.     Require de-escalation: Officers are required to attempt to de-escalate.  Policy Reference 429.6
3.     Require warning before shooting: Pursuant to United States Supreme Court Decision Scott v. Harris, officers must give a warning when feasible.  Policy References 302.8.2, 302.3, 304,
4.     Exhaust all other means before shooting: U.S. Graham v. Connor governs utilizing other force before discharging a firearm. Policy Reference 300.3.2
5.     Duty to intervene: Yes, all officers are required to intervene if they witness excessive use of force.  Policy Reference 300.2.1
6.     Ban shooting at moving vehicles: Officers may only discharge firearms at a moving vehicle when the vehicle is being utilized as a deadly weapon.  Policy Reference 306.8.2
7.     Require use of force continuum: Yes. A use of force continuum is utilized.  Policy Reference 300.3
8.     Require comprehensive reporting: Yes all uses of force are documented and reported.  Policy Reference 300.5

New Brighton Officers receive well beyond the statutory minimum training requirements of the MN POST Board continuing education learning objectives which include;

• Crisis Intervention and Mental Illness Crises
• Conflict Management and Mediation
• Implicit Bias, Community Diversity, Cultural Differences

Courses and training topics in the above areas have included but are not limited to:

• Hate Crimes and Implicit Bias-Anti-Defamation League
• Police Executive Research Forum (PERF) Integrating Communications, Assessment, and Tactics (ICAT) Training: sanctity of life, de-escalation, and suicide by cop protocol
• Fair and Impartial Policing
• Procedural Justice
• Development of immigration policy training by League of MN Cities
• Cultural competency training by Mounds View Schools Liaisons
• Understanding addictions presented by Hazelden Betty Ford
• Dealing with specific mental health emergencies taught by Nystrom & Associates
• Less than lethal technologies training and policy implementation

The Police Policy Manual can be obtained by CLICKING HERE.

In early 2017, the New Brighton Department of Public Safety (NBDPS) joined with other Ramsey County law enforcement agencies to begin voluntarily collecting traffic stop data.  New Brighton initiated this effort to increase transparency and provide more context to the limited amount of information than was previously captured.  Minnesota law does not require the collection of this information.  Starting in January 2017, New Brighton officers began recording the following data on every traffic stop:

• Perceived race of the driver
• Gender of the driver
• Whether the driver was searched
• Whether the vehicle was searched
• The reason for the traffic stop (moving violation, equipment violation, investigative, or the result of a 911 call

This information can be viewed by CLICKING HERE.

Before hiring, police officers are evaluated by a licensed psychologist to determine that the applicant is free from any emotional or mental condition which might adversely affect the performance of peace officer duties.

For further information, please see Standards for Peace Officer License Eligibility from the Minnesota Board of Peace Officer Standards and Training (POST):

https://dps.mn.gov/entity/post/becoming-a-peace-officer/Pages/standards-for-peace-officer-eligibility.aspx

The City of New Brighton currently has a two year contract (2022-2023) with two separate units represented by Law Enforcement Labor Services, Inc. (LELS).  Minnesota State Statute also provides the Police Officer Bill of Rights:  https://www.revisor.mn.gov/statutes/cite/626.89