ST PAUL, Minn. — The chief counsel for the Minnesota Police and Peace Officers Association (MPPOA) sent a letter to members on Friday praising the attorney general's most recent opinion about physical restraints in schools, paving the way for the potential return of some school resource officers (SROs).
Imran S. Ali, MPPOA's general counsel, wrote a letter breaking down Attorney General Keith Ellison's revised opinion, calling it "decisive until the question involved shall be decided otherwise by court." In the letter, Ali also told agencies that Ellison's opinion is "binding," should they decide to return SROs to campus.
A spokesperson with the MPPOA said law enforcement representatives will now meet with legal counsel, but said they anticipate some departments will send their SROs back.
"Based on this AGO, now all peace officers, including those SROs or others contracted with a school district, may use reasonable force to effectuate their lawful duties," Ali wrote. "The new AGO extends 'reasonable force' beyond threats of bodily harm or death and is now consistent with Minnesota Statutes 609.06, subdivision 1(1)."
Representatives with the MPPOA, as well as the Minnesota Sheriff’s Association and the League of Minnesota Cities, met with Ellison, Gov. Tim Walz and legislative leaders Wednesday night to discuss the issue. Ali said while they appear to have reached a temporary fix, the MPPOA expects a permanent resolution to occur during the next legislative session.
"The MPPOA thanks Governor Walz, the Attorney General, and legislative leaders for their work towards finding a temporary solution to return SROs back to Minnesota schools," Ali wrote. "A legislative solution is the only way to permanently fix this issue. Although commitments for hearings are helpful, they are not commitments to correcting the law. We will work with Governor Walz and legislative supporters to bring about a permanent resolution to this issue. The sooner that is accomplished, the better for all those involved. However, if this law is unable to be fixed statutorily next session, law enforcement agencies will need to re-evaluate their relationships with school districts and their SRO programs in the long-term."
House Minority Leader Lisa Demuth, R-Cold Spring, released a statement Friday reiterating Ali's belief about finding a permanent resolution, however, she continued to push for it to occur in a special session rather than next year's session.
"This issue will not be fully resolved until every district has been able to restore school resource officer coverage," Rep. Demuth said in a statement. "The updated guidance from MPPOA made clear that the only way to permanently address this issue is a legislative fix, which will require bipartisan support whether in a special session or in 2024.
"We don't need to wait until next year; Democrats should be working with us now to hold hearings and develop a legislative fix that can pass right away instead of continuing to delay while many schools remain without SRO coverage. The continued resistance by Gov. Walz and Democrat leaders to holding a special session has been incredibly disappointing, and has made our schools less safe."
At least 40 law enforcement agencies pulled their SROs after some said the new law would curb their ability to do their job effectively. Ellison issued an opinion about the law, explaining that physical holds could be used if there was a threat of bodily harm or death. However, some agencies responded by saying the opinion was "ambiguous and unclear."
In Ellison's revised opinion, which was released Wednesday, he wrote that the new law does not limit the types of reasonable force that officers can use to carry out their lawful duties. In other words, school resource officers are still allowed to use restraints and reasonable force when making an arrest.
"There remains a chance that if a judge is presented with a civil or criminal action in any jurisdiction in Minnesota, a court may disagree with the AGO and issue their own opinion as it relates to Minnesota Statutes 121A.58," Ali wrote. "Again, this is hypothetical and as of the date of this letter, no such action has been taken against any peace officer regarding their actions as a school resource officer in the State of Minnesota under the guidance of the new law."
