MINNEAPOLIS — A week after Minnesota Attorney General Keith Ellison issued a legal interpretation clarifying the new law affecting school resource officers in Minnesota, Hennepin County Attorney Mary Moriarty has sent police chiefs in the county her own interpretation, differing on key issues.
The chiefs received the letter from Moriarty Wednesday night, in which she acknowledged many of them wanted to hear directly from her after Ellison issued his opinion.
She wrote, "Given our office’s jurisdiction to review cases and make charging decisions in Hennepin County, we do think it important to provide insight on our interpretation of this new statutory language."
Moriarty's key departure from Ellison's guidance is that she believes the statute change does not allow school resource officers to use "reasonable force" except "where it is necessary to prevent bodily harm or death to a child or another person."
Many departments, such as Brooklyn Park Police, specifically pulled resource officers out of schools because they were not clear on how an SRO would be allowed to handle a disruptive student in cases where bodily harm or death were not imminent.
"The county attorney talks frequently with Hennepin County chiefs and has developed a trusting, open, and transparent relationship with them," a representative from Moriarty's office said in a statement. "They know they can ask her questions directly and seek her guidance, and that the county attorney will be direct and honest in response, even as they recognize we cannot provide their departments with legal advice."
Ellison assuaged many concerns on Sep. 20 when he wrote that the new law "does not limit the types of reasonable force that officers can use to carry out their lawful duties."
Prior to Ellison's clarification, Brooklyn Park Police Inspector Elliot Faust said their officers feared prosecution by Moriarty's office because they were aware she disagreed with the attorney general at some level.
While the attorney general's opinion is legally binding, Moriarty pointed out in the letter that a judge could decide otherwise if a school resource officer is charged with a crime.
"Even the Attorney General’s opinions are binding only until reviewed by a court, which could occur in the context of a criminal prosecution," Moriarty wrote.
Late Thursday afternoon, a spokesperson for the Attorney General's Office released this statement:
"As the County Attorney concedes, only the Attorney General's opinion is binding under state law. Her interpretation is not."
Brian Peters, the executive director for the Minnesota Police and Peace Officers Association (MPPOA), sent a letter Friday to members calling for an "urgent legislative fix" in response to Moriarty's interpretation.
"The new guidance from Hennepin County Attorney Moriarty makes it crystal clear the only was to adequately address this issue and return school officers to school is an urgent immediate fix," wrote Peters.
On Thursday, the Eagan and White Bear Lake police departments announced that they would be resuming their SRO programs. In his letter, Peters urged members to work with the city and county attorneys, as well as their union representatives.
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