The U.S. Department of Justice and the city of Minneapolis released the details of an agreement mandating reforms of the Minneapolis Police Department on Monday afternoon. 

The agreement — called a consent decree — is the culmination of the federal government’s investigation into the Minneapolis Police Department following the police killing of George Floyd that found a pattern of racial discrimination

The DOJ investigation found that the department violated residents’ Constitutional rights by discriminating against Black and Native American residents and routinely using “excessive force, including unjustified deadly force and unreasonable use of Tasers.”

The consent decree adds onto the reforms laid out in a similar agreement between the police department and the Minnesota Department of Human Rights. 

The federal consent decree prohibits, among other things; using handcuffs on children under the age of 14; the use of neck restraints and choke holds; the use of some tear gases, including Mace; and the initiation of foot chases just because a person runs away when they see an officer. 

Misconduct investigations must be completed within 180 days, with exceptions granted only in extenuating circumstances. And, investigations will continue even if an officer retires or resigns from the department. A 2020 Reformer investigation found that the average misconduct investigation that resulted in discipline took 539 days to resolve. 

Officers under investigation for misconduct, or who are suspended from the force, can’t work off-duty jobs.

The agreement requires the police department to rewrite its use-of-force policies; create a “force review board” and a force investigation team to evaluate and investigate whether a use of force was appropriate; and take certain steps to protect the rights of journalists to cover protests.

It also requires the police to stop discriminating against residents based on their race.

Both the state and federal agreements will use the same third-party evaluator, Effective Law Enforcement for All, to make sure the police department implements the agreed-upon policies. 

The Minneapolis City Council unanimously approved the consent decree Monday afternoon after an all-day meeting with the City Attorney Kristyn Anderson. One council member, Michael Rainville, inadvertently missed the vote.

U.S. Department of Justice attorneys filed the consent decree in the U.S. District Court for the District of Minnesota, asking U.S. District Court Judge Ann D. Montgomery to issue an order enacting the agreement. Once the judge signs off, the consent decree will take effect. 

Kristen Clarke, the assistant attorney general for civil rights at the DOJ, didn’t say whether the incoming administration of President-elect Donald Trump could cancel the agreement.

In Trump’s first term, then-Attorney General Jeff Session canceled negotiations over a proposed consent decree regarding policing in Chicago. (The state of Illinois took over the federal government’s role in negotiating and enforcing the reforms.)

“I can’t speak to the future, but the Justice Department has always been focused on ensuring compliance with the Constitution, ensuring compliance with federal law, and ensuring public safety,” Clarke said when asked for the third time whether the Trump administration could choose to negate the agreement.

In a statement released after the press conference, City of Minneapolis spokesperson Jess Olstad said once the judge approves the decree, it can only be terminated by the court.

Minneapolis leaders will meet Monday morning to review a tentative agreement on a federal consent decree.

The consent decree — a federal tool for oversight of police — will likely mandate extensive reforms to the Minneapolis Police Department. City officials have been working with the Department of Justice to reach an agreement since June 2023, when a federal investigation found patterns of racism and excessive force in MPD.

Minneapolis Mayor Jacob Frey last week scheduled Monday morning’s special city council meeting. The council, mayor and city attorney are expected to hold a closed-door briefing on the agreement, followed by a public vote. If approved, the agreement will be filed in federal court.

The Department of Justice opened its investigation in 2021 after the police murder of George Floyd the previous year. After extensive interviews with members of the community and department personnel, it concluded that MPD used dangerous techniques and weapons against people unnecessarily, and treated residents differently based on race. It also alleged the department mishandles complaints and accountability for officers.

The report recommended a revamp to use-of-force policies, training and reporting. Those are changes that could be mandated in a consent decree. 

Other consent decrees in cities including New Orleans, Seattle, Portland and Cleveland have mandated a variety of reforms, such as civilian oversight of police, altered use-of-force policies and new training on weapons use and engaging with people with mental illness.

Minneapolis Police Chief Brian O’Hara has experience administering a consent decree. He came to Minneapolis from Newark, which has been under a consent decree since 2016. 

Addressing Minneapolis officers last week, O’Hara said he’ll remain committed to improving staffing levels and supporting officers’ safety and mental health, as the department prepares to take on the change likely required by a consent decree. 

“When we focus on the right priorities, supporting one another, engaging with our community and remaining committed to our shared values, we can and we will navigate this process successfully and emerge stronger,” O’Hara said.

The decree would remain in place until an independent monitor determines the city has met all the requirements — likely several years later.

If enacted, Minneapolis would be the first city in the nation under both federal and state consent decrees. A state-level settlement agreement was reached in 2023, after an investigation by the Minnesota Department of Human Rights also found a pattern of racism in the department. 

The department is approaching March deadlines under the state agreement. It will need to have new policies governing use of force, body camera use and interactions with minors. It’s also required to make substantial progress on a backlog of complaints against officers.

Advocates for a consent decree are hoping to see it finalized before the inauguration of President-elect Donald Trump, who opposed federal oversight of police departments during his first term in office.