Judge weighs arguments on whether Minneapolis broke law in secretive police 'coaching'

In court Wednesday, Janisch didn't give a clear signal as to which way she planned to rule, but she asked several times why the fact that police chiefs referring to coaching as "discipline" in formal letters shouldn't carry weight.

Riskin said the chiefs did not actually write those letters, noting that all three have since signed affidavits saying they did not view the coaching as discipline. "It wasn't the chief sitting down and writing out the letter from scratch saying, 'Okay, I'm thinking about every word that I put on here.'"

"Aren't they tied to it if they sign it?" the judge interjected.

"Well, I don't think so, because the unrebutted facts are that they didn't prepare it," replied Riskin. "They admit they were focused on the outcome. They admit they weren't looking at the specific words. These were template letters prepared by administrative staff. They say they were administrative errors."

"(Why not) correct how you do the letter?" Janisch later asked.

"Look, it would've been ideal to correct how the letter is done," Riskin acknowledged, noting that at one point those records were updated with new language. But, between changing police administrations, the "disciplinary" verbiage slipped back in.

"These are prepared by administrative folks who come and go," Riskin continued. "You have other people, they're working from some template documents, boilerplate documents. Humans are humans, and that's where human error comes in."

Riskin repeatedly argued that the plain language of coaching letters was not important. Intent was what mattered, she said – and top brass have always maintained that coaching was not discipline.

A newly proposed Minneapolis police labor contract, ratified by the union last month, attempts to codify the city's longstanding position on coaching. Without using the word 'coaching,' the tentative agreement specifies that discipline refers exclusively to written reprimands, suspensions, demotions and discharges.

That accord still requires approval by the full City Council.

Janisch expects to issue a ruling in the next 60 to 90 days.

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