MCPA statement on Minnesota Court of Appeals arbitration ruling 

MCPA - The Minnesota Court of Appeals, for just the second time, has vacated an arbitrator's award involving a Minnesota peace officer because of a violation of public policy.  The appeals court ruled a lower Minnesota court erred when it did not vacate a labor arbitrator's award ordering the city of Richfield to rehire Officer Nathan Kinsey.  The city fired Kinsey after viewing cellphone video of the officer striking a Somali teenager in the back of the head.

An investigation by the city sustained allegations that Kinsey violated his training, used excessive force beyond his authority and failed to properly document and report his contact with the teenager.  Those findings led to the city to dismiss the officer in 2016.  The case was eventually submitted to an arbitrator who ruled Kinsey's "use of force was not excessive or unreasonable under the totality of the circumstances."  The arbitrator ordered Kinsey be reinstated.

In its ruling released on Monday, (read the ruling) the state appeals court judges found the order to reinstate Officer Kinsey interfered, "with the clear public policy in favor of police officers demonstrating self-regulation by being transparent and properly reporting their use of force."  The court also concluded the only way a city and police department can successfully uphold that public policy is if they are given the opportunity to review occasions involving the use of force.

The Minnesota Chiefs of Police Association, along with the League of Minnesota Cities, filed a joint friend-of-the court brief in support of Richfield's case.  MCPA released the following statement today regarding the court's ruling:

We are very pleased and somewhat surprised by the Court of Appeals ruling. It’s a departure from how the courts have historically ruled in these types of cases.
 
The ruling could have a profound and positive impact on the policing profession. If this ruling stands, police chiefs and sheriffs will likely have more latitude in dealing with officers who fail to follow policy.  Chiefs and sheriffs will have both the ability and confidence to terminate or discipline certain employees without worrying as much about their decisions being overturned.  There would be greater officer accountability, improved public trust and stronger community relations, all of which are key to advancing public safety in Minnesota and across the country.

Kinsey had not been reinstated while the case was under appeal.  It is not yet clear if he will appeal the ruling to the Minnesota Supreme Court.