A call to resign
Minnesota’s 87 elected sheriffs met on December 8th for their annual Minnesota Sheriff’s Association (MSA) business meeting. In dramatic fashion these law enforcement leaders issued a vote of no confidence regarding the leadership of Minnesota’s Department of Corrections Commissioner, Paul Schnell. The vote was made public in a release yesterday.
As a result of the vote the MSA declared:
1. The MSA no longer believes that Commissioner Schnell can fairly, effectively and competently provide for and manage the licensing and regulation of local correctional facilities, including county jails, of the State of Minnesota, and
2. The continued service of Commissioner Schnell as DOC Commissioner is detrimental to public safety in Minnesota, to effective county jail operations and fiscally prudent jail managements, to the effective coordination of correctional efforts with county government and to an effective partnership between the State of Minnesota and the 87 counties and County Sheriffs of the State of Minnesota in protecting the rights of those incarcerated within county jails while simultaneously protecting public safety in an effective and cost-efficient manner, and
3. The MSA, acting through its members, call upon Commissioner Schnell to either resign from office or upon his refusal to do, for his removal by the Office of the Minnesota Governor.
The key issue
At issue seems to be the manner in which the DOC has gone about its inspections of local jails and how the DOC has begun taking enforcement action against sheriffs and their jails “on whim” based upon ever changing interpretations of the law. Normally, such concerns could be worked out through discussions with DOC leadership. But the MSA reports that under Schnell’s leadership there has been “a lack of follow-through, empty promises and misinformation.”
In perhaps the most significant example, last year the DOC ordered the Hennepin County Sheriff to reduce the number of inmates in the Hennepin County Jail by over 100, giving the department one week to work out agreements with other correctional facilities. The action cost Hennepin County taxpayers $5.4 million.
“We were surprised and disappointed to receive this order. Some aspects of this order contradict both Minnesota law and the DOC’s own standards and training materials. We have raised these concerns repeatedly with the DOC and have offered to meet, but they have not responded to these offers.”
Hennepin County Sheriff Dawanna Witt
MSA Executive Director James Stuart issued the following statement regarding the vote of no confidence:
“It is alarming that the DOC doesn’t hold the jails to a consistent, legal, and fair standard across the state. They choose to impose arbitrary demands that negatively impact taxpayers without any positive operational impact, or any legal right to due process or appeal. What is really shocking is that they fail to hold themselves to the same high, and unwritten, standards that they impose on the jails.”
(Note: Stuart has been nominated by President Trump to serve as the US Marshal for Minnesota but awaits Senate confirmation).
Commissioner Schnell’s tenure
Commissioner Schnell was appointed by Governor Walz in January 2019. During his tenure with the DOC, several controversial issues have arisen.
First, despite a significant surge in violent crime in Minnesota following his appointment Minnesota’s correctional policy has led to a consistent drop in the number of offenders imprisoned. Minnesota remains among the states with the lowest imprisonment rate, and the current prison inmate count is 12.5% lower than when Schnell was appointed.
Second, Schnell drove the effort to carry out the phased closure of Stillwater Prison by 2029.
Third, Schnell championed the Minnesota Rehabilitation and Reinvestment Act of 2023 which has at its core, an early release incentive program effectively reducing the time served for prison sentences to 50%.
Fourth, Schnell has supported the policy of transferring biological male inmates claiming transgender status, to the female prison in Shakopee.
While none of these issues were noted by the MSA, they are all part of the tapestry that depicts much of the dysfunction under Schnell’s leadership – a tenure that has also included accusations from DOC employees of a “toxic relationship” at the DOC.
Following the announcement by the MSA, the DOC issued a statement stating the agency,
“…categorically rejects the claim that its actions are arbitrary or unsupported by law. Licensing and enforcement decisions are issued pursuant to statutory authority, established rules, and long-standing administrative practice.”