7 September 2023
BRAINERD Brainerd Public Schools and the city of Brainerd will end their school resource officer agreement at the high school, but officials hope a special legislative session might give them other options in the near future.
The decision comes after a change in state law that has caused uncertainty over officers’ abilities to use force in a school setting.
The law previously stated school resource officers could use a level of reasonable force to “restrain a student or to prevent bodily harm or death.” The newly adopted language as of Aug. 1 removed the word “or.”
The law is unclear in terms of minimal force used to de-escalate situations that might not rise to the level of bodily harm or death, leading Brainerd to join several other cities and school districts around the state, including Pequot Lakes, in severing school resource officer agreements amid concerns over liability issues with the new law.
Brainerd City Council members agreed to end the agreement during their meeting Tuesday, Sept. 5, after hearing from Police Chief John Davis.
“The inability to prevent or de-escalate a situation with minimal force could lead to the incident escalating to the point of crimes being committed, injuries occurring and now the need to use a higher level of force for defense,” Davis said during the council’s Personnel and Finance Committee meeting Tuesday.
Davis’s concerns lie with a school resource officer’s ability to intervene in instances of verbal altercations, property damage or other crimes that might not necessarily threaten bodily harm.
“Officers for the first time now would be accountable for two differing use of force standards without the needed clarity of the law to make a split second decision in circumstances that may be tense, uncertain and rapidly evolving,” Davis said.
According to City Attorney Joe Langel and officials at the League of Minnesota Cities, that lack of clarity opens up liability issues and the potential for legal action against the city.
The law only refers to officers working as agents of the school district, meaning the school resource officer agreement between the city and school district is where the potential liability lies. Because officers still expect a significant number of calls from Brainerd High School, Davis said the department will designate an officer to be a school response officer, meaning that person would address calls for service at the high school and attempt to remain near the school to enable rapid response.
Under the contract, the district was to pay the city $91,788 for the 2023-24 school year and $96,644 for the 2024-25 school year for resource officer services, which included assigning the officer to school-sponsored activities, like sporting events. Committee Chair Gabe Johnson asked if that’s something that would continue without the former agreement.
Davis said on-duty officers would work those events only when their time allows instead of having someone assigned there.
“So you’re proposing we offer up $91,000 of services for free and just make the Brainerd taxpayers subsidize it?” Johnson asked.
The services would be similar, Davis clarified, but not the same.
A high school football game, for example, would be treated much the same as any other large public event in the city.
“We make every effort to have our on-duty officers be present for obvious reasons, so I would treat that the same as other instances,” Davis said, likening a game to an event like Arts in the Park.
Johnson said he was on the fence about which way to go, but committee member Kevin Stunek again noted the piece about liability.
Brainerd Public Schools Superintendent Heidi Hahn, who sat in on the committee meeting Tuesday, said she agrees with the concerns mentioned and wants to continue the district’s positive relationship with local law enforcement.
“The power of an SRO is not about force. It’s about relationships, knowing the students, knowing the rhythm of the students, the pattern of the students in the building,” Hahn said, noting she sympathizes with the liability issue and would support the council’s decision to sever the contract at the request of the police department.
When asked if she was worried about enforcing school policies without the SRO, Hahn said it would just mean having to make a phone call now instead of having an officer on site.
“That presence is still going to be there,” she said. “It’s just going to have to look different.”
Another potential issue with not knowing what kind of force or student contact is allowed, Davis said, is the students’ awareness that an officer wouldn’t be able to intervene in a certain situation, driving them to act out, knowing there might not be the same consequences there once were.
“Some of this is speculation,” Davis said. “But time will tell.”
Johnson ultimately agreed to support the request to sever the contract, saying he trusts Davis to understand officers’ needs.
The rest of the council agreed as well. The School Board will take up the issue at their next meeting Sept. 11.
A special session?
Local officials are hopeful for a special legislative session to clarify the new language. Gov. Tim Walz said he is open to the idea of a special session.
Council members agreed Tuesday night to director Mayor Dave Badeaux to send a letter to Walz on behalf of the city, formally requesting the special session.
THERESA BOURKE may be reached at [email protected] or 218-855-5860. Follow her on Twitter at www.twitter.com/DispatchTheresa.
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