C-Notes: January 23, 2025

Executive Director Report

Minnesota Law Enforcement Accreditation Program (MNLEAP) Update

MCPA is happy to announce that the Minnesota Law Enforcement Accreditation Program (MNLEAP) has completed drafting the MNLEAP Process and MNLEAP Standards Manuals. 

Minnesota joins approximately 42 other states that have built nationally recognized Accreditation Programs. Soon, MNLEAP will be open for enrollment. 

In the initiation phase, agencies will work with the MNLEAP staff to discuss the next steps as they begin the accreditation process. Once enrolled, the MNLEAP Accreditation Specialist will work closely with the agencies to outline the program and answer any enrollment questions.

Completing the Accreditation Process provides several benefits. Accreditation can increase public confidence and provide a systemized agency self-assessment. Intensify administrative and operational effectiveness, strengthen understanding of agency policies and procedures, decrease susceptibility to litigation and civil settlements, and provide local, state, and national recognition of professionalism. 

The accreditation process requires complete agency commitment to achieve accreditation. Every agency will work at its own pace, each with a unique timeline. MNLEAP Accreditation is based on National, State, and Local expectations that acknowledge the work and professionalism of law enforcement agencies.

Please contact MNLEAP staff if you would like to receive the MNLEAP Information and Enrollment materials.

• Director of Accreditation Andy LeFevour (alefevour@eckberglammers.com)
• Accreditation Specialist Josh Potts (josh@mnchiefs.org)

POST Data Breach

We were notified on Tuesday evening that there was a data breach involving private data on 257 Undercover Officers. This was due to an error by an employee at POST who processed a data request in 2024. 

The data request included 49,000 POST licensing records on police officers. Data practices laws protect this data on Officers assigned specifically to undercover roles. 

I spoke with the POST Executive Director, Eric Misselt, and he is working with staff to protect the data that was improperly released. All of the impacted officers are being notified of the data breach. If you have questions about this situation, you are encouraged to contact ED Misselt directly at POST. 

Thank you,

Jeff Potts
Executive Director

Legislative Update

This week's legislative update from Cozen O'Connor will cover the three lawsuits that have either been decided or are pending, which will dictate how the Minnesota House of Representatives will function for the 2025 legislative session. The lawsuits relate to events that surround House District 40B, where the issue is whether Governor Walz called a special election too early after Curtis Johnson (D) chose not to be seated after winning in November, and House District 54B, where the incumbent, Brad Tabke (D), won by 15 votes but the county election staff discarded 20 votes in October, which of course is greater than the margin of victory and therefore has caused controversy. The final lawsuit is related to what constitutes a quorum in the Minnesota House of Representatives.

Background – You'll recall that the Minnesota House of Representatives was tied 67-67 following the November elections. Because it takes 68 votes to pass a bill, no one party was in the majority. However, there is still controversy over two elections that we've covered in previous updates: House District 40B and House District 54A.

House District 40B (St. Paul suburbs) – Following the November election, rumors began to swirl that Democratic Representative-elect Curtis Johnson, who won his race in District 40B, may not have lived in the district during the campaign and, therefore, didn't meet the residency requirement under state law. The GOP candidate, Paul Wilkstrom, filed a complaint alleging as much in district court. In mid-December, the district court ruled that he didn't meet the residency requirement and ordered a special election. In a surprise move, Johnson decided not to be seated and not to run in a special election, which put the GOP in a 67-66 majority. Almost immediately, Governor Walz ordered a special election for January 28. The GOP petitioned the Minnesota Supreme Court, arguing that there wasn't a vacancy and, therefore, the Governor had no authority to call a special election under state law. The outgoing House member, Representative Jamie Becker-Finn, hadn't resigned from the seat, and incumbents' terms don't end until the day before the beginning of the legislative session, which started on January 14. Last night, the Court agreed with the GOP and declared the January 28 special election invalid. Following the ruling, Governor Walz stated that he respects the Court's decision and that the earliest the special election could be held would be March 5, meaning that the GOP will retain their 67-66 majority for much longer than originally anticipated. 

House District 54A (Minneapolis Suburbs) – The Democratic incumbent, Brad Tabke, won the seat by 15 votes. The GOP filed suit following the election outcome, asking the Court to negate the election results and call a special election based on the fact that the 20 votes that had gone missing were greater than the margin of error and, therefore, we couldn't ever understand the true nature of the outcome. The judge ruled on Tuesday of this week that the missing ballots, if counted, would not have changed the outcome, that there were no "deliberate, serious or material" violations of law, and that Tabke won the election. So, case closed, right? Not so fast. The GOP has stated that they disagree with the ruling and have not ruled out voting to not seat Tabke, which is the House of Representatives' prerogative under the Minnesota Constitution.  Article IV, section 6 of the Minnesota Constitution states, in part:

Each House shall be the judge of the election returns and eligibility of its own members. The legislature shall prescribe by law the manner for taking evidence in cases of contested seats in either House.

If the GOP were to vote to not seat Tabke, a vote which they would presumably win given their current 67-66 and that the subject of such a complaint cannot vote on the matter, then there would be a special election, giving the GOP a shot a true, 68 seat majority. There is certainly risk to the GOP in this scenario. Unseating Tabke would have been much easier if the Court had nullified the results and ordered a special election. Without the cover of a court ruling, unseating Tabke could appear to many voters to be nothing more than upending a democratic election in the name of a naked power grab. But for today, Tabke remains the winner. 

The Quorum Quandary – The final piece of the puzzle is the lawsuit recently filed by the House Democrats against the House Republicans, alleging that the House Republicans actions on the first day of session are unconstitutional because they did not have a quorum of members present in order to take action. You'll recall that when the House convened on Tuesday the Democrats did not attend the session. The Secretary of State, Steve Simon, convened the meeting and, after taking the roll, declared that the House did not have the required 68 members present for a quorum and adjourned. The GOP members reconvened shortly thereafter and elected Lisa Demuth Speaker of the House with 67 votes. The House Democrats filed suit alleging that any action taken following the declaration of Secretary Simon was unconstitutional. The Supreme Court is expected to rule hastily on the issue. 

Final Analysis – The net result of the outcome of the two lawsuits in both the 40B and 54A elections is that we will continue to have a 67-66 GOP pseudo-majority and won't have clarity on the makeup of the legislature until at least March 5. Until then, it appears that the Democrats will continue to boycott the session, and the GOP will continue to conduct business without them despite not having 68 votes to actually pass legislation off the House floor. The Supreme Court ruling on the quorum question resolved these issues much sooner. If the Court rules that a quorum is 68 votes, then the Democrats gain leverage, and the GOP has to cut a power-sharing deal. If the Court rules that 67 is a quorum, then the GOP has leverage in the negotiations. If the Court rules that they don't have standing to decide how the House organizes itself, then we're likely waiting until the special election in 40B is resolved in March, which the Democrats will almost certainly win, to get back to a 67-67 tie and some version of a power-sharing agreement. 

Lastly, if the Court rules that 68 votes are needed for a quorum, then the final decision the GOP has to make is whether to vote to unseat Tabke and try their hand at a special election for a true 68-vote majority. In addition to the political risk described earlier, a special election would likely take 6-8 weeks, meaning that we'd be into late March or April. The session must adjourn by May 19, and the legislature must pass a two-year budget, which is hard enough in a year without the aforementioned disruptions. 

Peer Support Training for CLEOs and Command Staff

Law Enforcement personnel face ongoing high-stress situations, traumatic events and workplace demands not faced by other careers.  These events can significantly impact their mental health and overall wellbeing. Peer support can be the first line of defense in stress management and mental health for public safety.  Peer contact improves mental health outcomes, including suicide prevention, and fosters a culture of wellness in your organization. 

REGISTER

Register to Attend ETI 2025

MCPA is excited to announce that registration is officially open for the 2025 Executive Training Institute. This year’s conference will take place at the Mayo Civic Center in Rochester, MN, a great venue in a beautiful city for learning and collaboration.

Join over 400 law enforcement leaders from across Minnesota to engage with peer and national experts, exchange insights, and explore innovative solutions to today’s most pressing challenges in policing. Don’t miss this opportunity to be part of Minnesota’s premier professional development event for law enforcement leaders. 

Visit mnchiefs.org/events/eti-2025 to learn more and secure your spot today.

REGISTER

Nominations Open for Excellence in Innovation Award

Nominations are now open for the MCPA Excellence in Innovation Award. This award honors large and small Minnesota municipal police agencies and their Chief Law Enforcement Officers (CLEOs) for exceptional achievements and innovative programs that enhance law enforcement effectiveness.

Two awards will be given out: one to a small agency with 15 or fewer sworn officers and one to a large agency with more than 15 sworn officers.

Learn more about this award and submit a nomination by February 7, 2025. Honorees will be presented in Rochester during ETI, April 7-10, 2025.

SUBMIT A NOMINATION

Lino Lakes Chief John Swenson Retirement

2025 Membership Renewal Notices Sent

2025 membership renewal notices have been sent out and should already be in your inbox! Be sure to check your email for the renewal details.

You can also access your renewal information by visiting the Member Compass page of the MCPA website.

If you have any questions or concerns about your membership renewal, please don’t hesitate to contact us at info@mnchiefs.org.

Thank you for your continued commitment to the MCPA!

Police Chief Opening – Sun Prairie, WI

The City of Sun Prairie, WI, is searching for an experienced law enforcement leader to serve as Chief of Police. Sun Prairie is a thriving and diverse community located just outside Madison, offering exceptional quality of life, excellent schools, and a dynamic cultural and recreational environment.

The Chief of Police oversees the entire Police Department, ensuring the community receives effective and professional law enforcement services. This position calls for a leader dedicated to trust-based policing, innovation, and inclusivity.

• Salary: $146,696.00 - $155,675.00 annually DOQ
• Deadline: Open until filled

Read the position profile to learn more and apply online.

Law Enforcement Night at Feed My Starving Children 

You and your department are invited to participate in a meaningful evening of service at Feed My Starving Children on Thursday, January 30, 2025. Bloomington Police Chief Booker Hodges has issued a friendly challenge among law enforcement departments to see who can pack the most meals!

This is an opportunity for law enforcement professionals and their families (children 5 and older are welcome) to come together, make a difference, and have some fun while providing nutritious meals for children in need worldwide.

Event Details:

• Date: Thursday, January 30, 2025
• Time: 7:00 PM – 8:30 PM
• Locations:
  • Chanhassen: 18732 Lake Drive East (Sign Up Here)
  • Coon Rapids: 401 93rd Ave NW (Sign Up Here)
  • Eagan: 990 Lone Oak Rd, Suite 136 (Sign Up Here)

Choose your preferred location and register using the links provided above. If you encounter any issues or have questions, contact Christine Thelen at cthelen@bloomingtonmn.gov.

LEARN MORE

MAPET 

Submit a nomination for MAPET's Property and Evidence Technician of the Year Award. 

Submit a Nomination

Minnesota Wild Law Enforcement Appreciation Nights

The Minnesota Wild are partnering with the National Law Enforcement Officers Memorial Fund (NLEOMF) and the Minnesota Law Enforcement Memorial Association (LEMA) to honor and celebrate the brave men and women who serve and protect our communities. Join them at the Xcel Energy Center for two special games featuring a “THANK YOU” ticket offer on Tuesday, March 11, 2025, and Wednesday, April 9, 2025.

These nights are open to all local, state, and federal law enforcement officers, corrections officers, sheriffs, security professionals, public safety workers, first responders, and their families, as well as the general public.

Ticket packages range from $38 to $99 and include:

• A donation to both NLEOMF and LEMA.
• An exclusive opportunity to take a photo on the ice.

Order your tickets online at https://nleomf.org/event/minnesota-wild-law-enforcement-thank-you-offer.

For groups of 8 or more, contact Minnesota Wild Representative Karen Reisinger at 651-312-3486 or kreisinger@wild.com.