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City Council rejects $145K PTSD claim by former MPD sergeant involved in Jaleel Stallings beating




When a Minneapolis police officer claims post-traumatic stress disorder, they are likely to be met with a sizeable check from the city.

Elected officials have approved hundreds of such disability claims — even for cops with pending discipline related to serious misconduct on the force — at the urging of their attorneys.

But in a 4-1 vote without discussion on Monday, council members struck down the first proposed PTSD settlement by a police officer to come before the body in recent years.

Members of the Policy and Government Oversight Committee (POGO) rejected a $145,000 worker’s compensation payment to former Minneapolis police Sgt. Andrew Bittell, whose role in beating a Black man amid civil unrest days after George Floyd’s murder resulted in a costly payout by the city.

In an interview, Council Member Robin Wonsley accused some MPD officers of filing disability claims as a means to flee the embattled department amid efforts to transform policing in the aftermath of Floyd’s killing — and questioned why the city hasn’t fought harder to challenge some of the most egregious cases.

Since June 1, 2020, the city has shelled out more than $24 million in worker’s compensation settlements to roughly 150 Minneapolis police officers, according to a Star Tribune review of City Council minutes.

“There has been continuous concerns from the public around, ‘Why aren’t we challenging these claims?'” said Wonsley, who has consistently opposed the settlements. “I’m really hoping that our city attorneys use this as an opportunity to rethink their litigation approach.”

Bittell, a former SWAT leader whose unit targeted civilians out past curfew on May 30, 2020, was caught on body camera footage instructing officers to fire rubber bullets at protesters without warning.

“Alright, we’re rolling down Lake Street. The first [expletives] we see, we’re just hammering ’em with 40s,” Bittell said, referring to the non-lethal rounds.

That night, they shot at Jaleel Stallings, a 29-year-old Army veteran and legal gun owner, who returned fire at the SWAT team’s unmarked van in self-defense, not realizing they were police. A swarm of officers descended on Stallings, who surrendered once police identified themselves. But Bittell and officer Justin Stetson continued punching and kicking him as he lay prone on the ground with a fractured eye socket.

The officers testified in court that the force was justified because Stallings was actively resisting arrest. That account later proved false with the release of video evidence.

Stetson eventually pled guilty to assault and misconduct charges — but only after a Hennepin County jury acquitted Stallings of attempted murder in the case and he won a $1.5 million settlement from the city.

Following Stallings’ acquittal, the administration placed Bittell on non-enforcement duties as his own disciplinary case wound through the Office of Police Conduct Review, according to a source with knowledge of the investigation. He separated from the city a few months later, on Jan. 13, 2022, when he had three open complaints against him.

Bittell was just one of dozens of MPD officers who severed ties with the department while disciplinary cases for misconduct were still pending.

City Council members have publicly and repeatedly expressed concern over the escalating settlements for officers, even as most of them have voted to approve the payouts — often with price tags ranging from $100,000 to $200,000 each. City attorneys have long advised that rejecting such claims could lead to even more costly litigation.

“These payouts are turning out to be pretty untenable,” Council Member Jeremiah Ellison told colleagues during a council meeting in April 2022. Even so, Ellison has continued to urge colleagues to approve them because he understands that “we either pay the entire claim or we pay these settlements.”

“In the spirit of saving money, that is why I vote for them,” Ellison, who chairs of the POGO committee, said last month as they weighed whether to approve another round of $1.4 million in worker’s compensation claims.

He noted that a recent state law change requiring public safety workers suffering from PTSD to undergo 24 to 32 weeks of treatment before they can be eligible for state disability pension benefits might help rein in those costs.

Minneapolis has spent nearly $34 million since June 1, 2020, to cover wage replacement, medical payments, settlements, and other claim-associated expenses for MPD employees, according to city data.

On Monday, Council members Wonsley, Jason Chavez, Emily Koski and Andrew Johnson all rejected Bittell’s claim and moved to return the matter to city staff. (Ellison was absent while attending an out-of-state conference).

Council Member LaTrisha Vetaw cast the lone vote to approve, later telling the Star Tribune that she was continuing to follow legal guidance.

“We’ve been instructed by our lawyers that this is different than a lawsuit against someone who violated Jaleel Stallings’ rights,” Vetaw said. “We’ve seen the video, we know there was a lie in this case. This officer is no longer here, but legally the council is bound to [workers’] comp settlements.”

Immediately following the roll call, deputy city attorney Erik Nilsson reminded elected officials that “prior misconduct is largely not relevant to whether an employer is obligated to pay benefits.”

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Star Tribune

Striking workers shut down Minneapolis Park Board meeting with three-hour protest




Workers who are striking the Minneapolis Park Board for the first time in the agency’s 141-year history took the fight over their stalled contract negotiations to commissioners Wednesday night, demonstrating at their meeting for three hours straight until the board was forced to adjourn without getting anything done.

Commissioners Becky Alper and Tom Olsen started the meeting by attempting to amend the agenda with a resolution directing park managers to promptly settle with union workers. They asked the Park Board’s negotiating team to offer Local 363 a proposal with market adjustments that union leaders have committed to accepting verbally and in writing, but without the contract takeaways the union calls “poison pills” — such as provisions to reduce the number of stewards, double probation time for new hires and make automatic seniority raises discretionary.

“This unprecedented situation diverts our attention from our primary mission: preserving, protecting‚ maintaining, improving and enhancing parks,” said Alper. “Without this resolution we face as the Park Board a perilous path forward. It’s one with no end in sight. It’s one where we gradually crawl out of this hole while parks deteriorate, where workers’ families are impacted without paychecks and dissatisfaction grows among the public.”

Commissioners Alper, Olsen and Billy Menz supported amending the agenda to allow discussion of the resolution. However, Park Board President Meg Forney, Vice President Cathy Abene and Commissioners Steffanie Musich, Elizabeth Shaffer and Becka Thompson rejected the amendment (Commissioner Charles Rucker was absent).

Workers in the gallery shouted their dissatisfaction, asking why the commissioners refused to end the strike, now in its third week. The work stoppage has disrupted storm cleanup of the parks, canceled concerts at the Lake Harriet bandshell and caused maintenance jams across the system.

The only dissenter to respond was Thompson, who said she did not understand how the contract offer described in the Alper-Olsen resolution would affect the whole system. Menz, who voted to amend the agenda, added that his colleagues did not want to appear unsupportive of their negotiating team, which includes Superintendent Al Bangoura.

Kevin Pranis, Local 363′s marketing manager, said park officials were negotiating like they wanted to break the strike rather than settle it. He said it was only after seven months of stalled negotiations, and a 94% vote by Local 363 membership to authorize a strike, that the park negotiating team locked onto the “poison pill” takeaways.

“What’s happened now is that management has decided, after 140 years of Park Board history there’s never been a strike, that the goal … is now to make sure that for another 140 years no one will consider striking because they got hurt so badly in this strike,” Pranis told commissioners. “That no other union will ever consider going on strike.”

Every time commissioners attempted to move onto other business, park workers and allies from other unions formed a picket line around the board room, chanting “No contract, no peace!” and “What’s disgusting? Union busting!”

Individual workers spoke directly to commissioners, saying they had received discipline without due process and describing grievances they have pending with managers that likely have not risen to commissioners’ attention.

As the demonstration dragged on without comments from the dais, commissioners ate their dinners and had whispered conversations with each other and park lawyer Brian Rice, while the union ordered dinner from Portillo’s.

Commissioners finally walked out of the room around 8 p.m., three hours after the meeting began, without working through the agenda. Items not acted on included a resolution to transfer $10 million from neighborhood parks across the city to the redesign of North Commons Park, and extension of the lease for the Boys and Girls Club at Phelps Park.

Terryl Brumm, CEO of the Boys and Girls Club of the Twin Cities, left the meeting early, saying that while the Club’s lease of the Phelps Recreation Center now technically expires, she was confident the Park Board won’t evict them.

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Rochester blocks comments on city social media pages




ROCHESTER – Residents here with questions or concerns about city government will no longer be able to use official city social media pages to air their grievances.

On Wednesday, the city of Rochester began restricting social media users from leaving comments on posts from its official Facebook and Instagram pages, as well as pages for parks, police and other departments.

City Administrator Alison Zelms said the policy is in response to what she described as “counterproductive” activity on the city’s social media pages.

“Discontinuing the use of comments effectively reduces the potential for harmful content and negative interactions because it removes an unmoderated and monitored forum for those activities,” Zelms wrote in the announcement.

Comment sections on city posts were typically not monitored by departments, city officials said, due to “staffing challenges” and a prioritization of resources to other city needs. Rochester Public Schools also no longer allows public comments on its posts.

Mayor Kim Norton, who has spoken previously about the negative interactions she has had online, also disabled comments on her pages on Wednesday. Users will now only be able to react (by emoji) to posts or reshare a post with comments to their own personal pages. Norton said she remains available by phone or email.

“I believe this change will support our efforts to provide information, and also to create a better, safer digital environment for all,” Norton said in a statement.

Within hours of the announcement, threads on other sites began filling up with questions about the legality of the new city policy, with some users suggesting it amounted to censorship.

But Dr. Jane Kirtley, a professor of media ethics and law at the University of Minnesota, said the city is within its rights to discontinue public comments on its social media channels. Kirtley noted that while local governments cannot block comments based on one viewpoint or another, they are under no obligation to manage a public forum on social media.

“They can decide to discontinue the public forum if they choose,” Kirtley said. “If they do allow public comments, they can only impose reasonable restrictions on time, place, and manner. These restrictions must be viewpoint neutral.”

On social media threads — ones not managed by the city — there were a few users who defended the government’s decision to restrict comments, noting that city threads are often cesspools of comments from people trolling and harassing public officials.

But overwhelmingly, users were critical of the move. One commenter wrote that while “the change may simplify some aspects of the city’s social media management … eliminating open dialogue among constituents on the platforms most people use to connect is certainly not going to improve community engagement or help build trust in local government.”

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Judge blocks MPCA from restricting hours at St. Paul iron foundry accused of pollution




A judge has blocked the state from limiting operating hours and imposing other restrictions intended to reduce air pollution from a St. Paul iron foundry.

Earlier this year, the Minnesota Pollution Control Agency ordered Northern Iron, LLC, to limit its daily operations to control airborne lead and particulate matter, which can damage the lungs and circulatory system when inhaled.

But in a ruling issued July 11, Ramsey County District Judge Leonardo Castro partially granted Northern Iron’s request for an injunction, preventing the state from enforcing limits on how much metal the company could melt in a day and what hours it could operate. Northern Iron says the agency’s demands would make the foundry go out of business.

The judge left intact other provisions of MPCA’s order, and ordered the business and the agency to work together on a new air permit and installing new pollution control equipment. MPCA has said the business’ own modeling shows it is releasing pollutants at thousands of times the level allowed by law.

Alex Lawton, CEO of foundry owner Lawton Standard, told the Star Tribune that after the ruling, he “felt relief for the folks who were laid off that who wanted to come back to work.” The company announced shortly after MPCA’s order that it would have to cut 15% of its workforce, but is now operating with its full staffing of about 80 employees.

MPCA said in an email sent out shortly after the ruling that it “respectfully disagrees” with the decision.

“We stand ready to hold the company accountable should pollution emissions exceed [air quality] standards, to protect the health company employees and nearby residents,” agency spokesperson Andrea Cournoyer wrote in a statement.

Northern Iron opened at 867 N. Forest St. in St. Paul’s Payne-Phalen neighborhood in 1906. It molds made-to-order components that other companies use in finished products. Lawton Standard bought the business in 2022.

Sidney Pisano, vice chair of the Payne-Phalen Community Council, said the court decision has left the neighborhood feeling “disregarded.”

“It feels like we don’t matter, and I think that’s a sentiment a lot of East Siders have felt for a long time,” she said.

The situation has played out differently than the regulation of another urban iron casting company. Smith Foundry spurred complaints of bad smells and air pollution for years from neighbors in Minneapolis’ East Phillips neighborhood. The EPA took the lead on an investigation there, after a surprise inspection last year, and got the foundry to agree to shut down its furnace and casting operations in a settlement. Some in the area were frustrated it took action by EPA, not MPCA, to address the issues.

In the Northern Iron case, MPCA has led the enforcement, including a $41,500 fine imposed on the foundry last year for changing its pollution controls without reporting it to the state. Lawton said the Smith Foundry case was hanging over the regulation of his own business, and suggested it had encouraged regulators to take a stronger hand.

“I think Smith and certain other factors like that seemed to be omnipresent,” he said.

Since the fine last year, MPCA and the foundry have been discussing how to reduce its emissions. After one round of modelling showed that the particulate matter and lead released were thousands of times higher than federal rules allow, Northern Iron then came up with new calculations to show how the emissions would change if they altered their hours or installed new equipment.

The particulate pollution would still be higher than allowed, and the calculations for lead “seemingly defy the conservation of mass and likely cause an underestimate of lead emissions at some sources,” according to MPCA’s administrative order.

The company contends that it’s not polluting, because monitors stationed around the foundry show the air doesn’t exceed state limits on contaminants. It is still planning to install two air filters and make other improvements at the building, a project that will cost around $2 million, Lawton said.

But Cournoyer said that the foundry’s current permit requires it to use modeling to show it is meeting air quality standards.

The foundry and the state agency will next be in court on Aug. 22, when MPCA will argue to dismiss the case. Northern Iron said it plans to submit a new air permit application by August.

“I feel glad the MPCA is keeping the pressure on,” Pisano said.

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