Police discipline grievance arbitrations are not going away because they are statutorily required. A key issue with the police discipline grievance arbitration is the number of police officers reinstated after termination. The reinstatement of a police officer after termination makes a chief of police’s job more difficult because they cannot manage the culture of their department. However, because of the statutory nature of these grievance procedures, the changes need to come from the legislature or adjusting the language in the governing collective bargaining agreements. Minnesota’s PAA’s reform of police discipline grievance arbitrations was an attempt address this issue.
Continue reading “Should the Call for Systemic Change Start with Police Grievance Arbitration?”Tag: Arbitration
The Illusion of the Public Policy Exception: Arbitration, Law Enforcement Discipline, and the Need to Reform Minnesota’s Approach to the Public Policy Exception
In November of 2012, after a car chase, Cleveland police officers fired 137 shots at the suspects’ vehicle. An investigation revealed that thirteen officers fired more than 100 shots in the span of eight seconds. One officer, Michael Brelo, stood on the hood of the suspects’ vehicle and fired at least fifteen shots through the windshield at close range. Both individuals in the vehicle, Timothy Russell and Malissa Williams, were killed. Russell and Williams “were both homeless with a history of mental illness and drug use,” and fled after an officer attempted to pull them over for a turn signal violation. Brelo, who allegedly fired a total of forty-nine of the shots in the incident, said that he thought he and his partner were in danger. The source of this belief, according to prosecutors, was a backfiring engine that officers mistook for gunshots. Russell and Williams were both unarmed.
Continue reading “The Illusion of the Public Policy Exception: Arbitration, Law Enforcement Discipline, and the Need to Reform Minnesota’s Approach to the Public Policy Exception”Minnesota Supreme Court Holds Appraisal Process Under Insurance Policy is not an “Agreement to Arbitrate” Under Uniform Arbitration Act
Kurt Mattson, William Mitchell Class of 1988, is president of Union Legal Research. His company provides quick, thorough legal research and writing services for attorneys.
Background
The Minnesota Supreme Court recently held the Minnesota Uniform Arbitration Act (“the Act”)1 does not apply to fire insurance appraisal awards under the Minnesota standard fire insurance policy. In Oliver v. State Farm Fire & Casualty Insurance Co.2, the Court said that the district court erred by holding that a motion for pre-award interest on a fire insurance appraisal award was time-barred by the Act.
A fire occurred at the home of Sheila and William Oliver in Edina. The home was insured against fire loss by State Farm. Oliver and State Farm were unable to agree on the amount of the loss, so Oliver requested an appraisal. An appraisal panel issued an award, and State Farm paid. Oliver then sought confirmation of the appraisal award under the Act from the district court. Oliver also moved the court to grant pre-award interest on the appraisal award.
Continue reading “Minnesota Supreme Court Holds Appraisal Process Under Insurance Policy is not an “Agreement to Arbitrate” Under Uniform Arbitration Act”