HomeMy WebLinkAbout1991-087 Council ResolutionCouncil Member Reinert
resolution and moved its adoption:
introduced the following
THE CITY OF LINO LAKES
RESOLUTION NO. 87-91
RESOLUTION OPPOSING "POLICE BILL OF RIGHTS" LEGISLATION (HR 2946)
WHEREAS, the U.S. Congress is considering adoption of legislation
that would pre-empt state and local laws and require cities to
impose federal standards on the conduct of internal investigations
of police misconduct by the city while providing police officers
subject to such discipline the right to sue cities for monetary and
other damages, including full reinstatement;
WHEREAS, these provisions restrict the authority and ability of
the Police Chief to investigate allegations of police misconduct or
use of excessive force;
WHEREAS, definitions provided in the legislation are so unclear
that interpretations could prevent any measures without the need
for formal hearings;
WHEREAS, restrictions raise the issue of whether police officers
would no longer be subject to normal supervision;
WHEREAS, provisions raise the conduct of such disciplinary
investigations to the level of criminal proceedings;
WHEREAS, "Police Officers Bill of Rights" impose the will of the
federal government on matters that are clearly state and local
labor relations issues;
WHEREAS, some states, including Minnesota, have adopted similar
requirements, while others have rejected such legislation;
WHEREAS, the legislation directly interferes with local processes
governing provision of police services;
WHEREAS, provisions appear to disallow local appointment of
civilian review boards and require that the entire investigative
file be open to the police officer under investigation while not
providing personnel file information on such officers to those
investigations;
WHEREAS, congress has failed to hold any hearings or to
investigate the views of police officials and others who would be
adversely affected by such restrictions; and
�., RESOLUTION NO. 87-91
PAGE -2-
WHEREAS, this proposal is unrelated to local government efforts to
fight crime, control drug abuse and reduce violence, therefore
should not be included in federal anti-crime legislation;
NOW, THEREFORE, BE IT RESOLVED, that the City of Lino Lakes opposes
the federal imposition of a "Police Officers Bill of Rights" or
other similar legislation.
BE IT FURTHER RESOLVED, that the City of Lino Lakes urges
Congress to hold hearings on this issue in both the House and
Senate to solicit views of city officials charged with ensuring the
public safety of our neighborhoods and the responsibility for
management of local police department affairs.
Adopted by the Council this 26th day of August, 1991.
Harold L. Bisel, Mayor
Ma 11hn f
' y G. Anderson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly
seconded by Council Member Kuether upon vote being
taken thereon, the following voted in favor: Neal, Kuether, Bisel,
Reinert, Bohjanen.
The following voted against same: none.
Whereupon the resolution was declared duly passed and adopted.