City fights decision to reinstate officer after skywalk incident Olsen, Tom . TCA Regional News ; Chicago [Chicago]02 Oct 2018. ProQuest document link FULL TEXT Oct. 02--The city of Duluth is asking a judge to vacate an arbitrator's decision to reinstate a police officer to his position after he was fired for dragging a handcuffed man through a hallway and ramming his head into a steel door. Officer Adam Huot, a nine-year veteran with a history of excessive-force complaints, was terminated by the Duluth Police Department in wake of the May 2017 incident in which he was captured on video pulling an intoxicated man approximately 100 feet through the downtown skywalk system. The Duluth Police Union later filed a grievance, acknowledging that Huot's actions "were inappropriate and reflected poorly on all police officers," but contending that the incident did not warrant termination. Arbitrator Mario Bognanno agreed in June, giving Huot his job back, without the benefit of back pay for the year he was on unpaid leave. While calling the officer's actions "unreasonable" and noting his history of disciplinary action, the arbitrator said the department failed to show "just cause" for termination. The issue came before Judge Eric Hylden on Monday, with Police Chief Mike Tusken and several union officials in attendance at the St. Louis County Courthouse. Susan Hansen, a Twin Cities attorney retained by the city, told the judge that Huot has "demonstrated a proclivity" to violate the social contract between police and the community and "undermined the mission of the DPD and his performance as a police officer for the DPD." "Returning Adam Huot to his position violates the public's trust and subjects them to unreasonable use of force, unreported police misconduct and abuse of authority by those sworn to protect and serve them," Hansen argued. The city is asking the court to take the rare step of overturning a binding arbitration decision. State law requires collective bargaining agreements between public employers and unions to contain a provision for disciplinary disputes to be resolved through binding arbitration -- as was the case in Huot's grievance. James Michels, a Minneapolis attorney representing the union, told Hylden that should have settled the case once and for all. He called his opposing counsel's argument "impassioned but totally wrong." "This matter is now before the court simply because the city seeks to repudiate an arbitration decision it does not like," Michels wrote in a memorandum ahead of Monday's hearing. According to arbitration and court documents, Huot was the subject of 12 complaints during his tenure, six of which were substantiated. Tusken testified that no other officer in his 155-member department necessitated as much oversight, coaching, training and discipline as Huot. Huot in 2014 received a one-day suspension after repeatedly punching a man who had escaped from a ment.

1. City fights decision to reinstate officer after
skywalk incident
Olsen, Tom . TCA Regional News ; Chicago [Chicago]02 Oct
2018.
ProQuest document link
FULL TEXT
Oct. 02--The city of Duluth is asking a judge to vacate an
arbitrator's decision to reinstate a police officer to his
position after he was fired for dragging a handcuffed man
through a hallway and ramming his head into a steel
door.
Officer Adam Huot, a nine-year veteran with a history of
excessive-force complaints, was terminated by the Duluth
Police Department in wake of the May 2017 incident in which
he was captured on video pulling an intoxicated man
approximately 100 feet through the downtown skywalk system.
The Duluth Police Union later filed a grievance, acknowledging
that Huot's actions "were inappropriate and

2. reflected poorly on all police officers," but contending that the
incident did not warrant termination.
Arbitrator Mario Bognanno agreed in June, giving Huot his job
back, without the benefit of back pay for the year he
was on unpaid leave. While calling the officer's actions
"unreasonable" and noting his history of disciplinary action,
the arbitrator said the department failed to show "just cause" for
termination.
The issue came before Judge Eric Hylden on Monday, with
Police Chief Mike Tusken and several union officials in
attendance at the St. Louis County Courthouse.
Susan Hansen, a Twin Cities attorney retained by the city, told
the judge that Huot has "demonstrated a proclivity"
to violate the social contract between police and the community
and "undermined the mission of the DPD and his
performance as a police officer for the DPD."
"Returning Adam Huot to his position violates the public's trust
and subjects them to unreasonable use of force,
unreported police misconduct and abuse of authority by those
sworn to protect and serve them," Hansen argued.
The city is asking the court to take the rare step of overturning
a binding arbitration decision. State law requires
collective bargaining agreements between public employers and
unions to contain a provision for disciplinary

3. disputes to be resolved through binding arbitration -- as was the
case in Huot's grievance.
James Michels, a Minneapolis attorney representing the union,
told Hylden that should have settled the case once
and for all. He called his opposing counsel's argument
"impassioned but totally wrong."
"This matter is now before the court simply because the city
seeks to repudiate an arbitration decision it does not
like," Michels wrote in a memorandum ahead of Monday's
hearing.
According to arbitration and court documents, Huot was the
subject of 12 complaints during his tenure, six of
which were substantiated. Tusken testified that no other officer
in his 155-member department necessitated as
much oversight, coaching, training and discipline as Huot.
Huot in 2014 received a one-day suspension after repeatedly
punching a man who had escaped from a mental
health unit. Among other incidents, he was also disciplined for
a "confrontational" response to a call involving four
of five youths, in which he ended up wrestling one boy to the
ground.
In the May 2017 skywalk incident, Huot was one of three
officers called to remove two men from the building. Body

4. camera footage shows one man, 30-year-old Brandon Houle,
dropping to the ground and telling officers, "I ain't
gonna make it easy for you guys."
Within seconds, without consulting his fellow officers, Huot is
seen grabbing Houle by the chain on his handcuffs
and forcibly dragging him down the hallway. Houle's head
narrowly misses one post before striking the door with a
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337
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loud thud. Houle, who is Native American and was homeless at
the time, suffered a bump on the head but was not
otherwise injured.
The video does not show Huot checking on Houle or inquiring
about his condition. He also did not report the use-
of-force incident to his supervisors. His fellow officers, who
said they were left "shocked" by Huot's actions, did so
later in the same shift.
In appealing Bognanno's decision, the city is relying on a
"public policy exception" established by Minnesota
courts. A court may set aside an award "only if the labor
agreement contains terms which violate public policy, or

5. the arbitration award creates an explicit conflict with other laws
and legal precedents."
Hansen contended the city has met that burden. Noting that
Bognanno even expressed concern in his decision
about Huot's inability to control his "penchant for misusing
vocal and physical force," she said the officer would
pose a risk to the public if placed back on the streets.
"Here, there is an indisputable public policy against police
officers using excessive force and in favor of
transparency and property reporting by police officers," Hansen
wrote. "The city of Duluth has an affirmative duty
to implement and enforce these public policies."
But Michels said concerns about Huot's future actions as an
officer are purely speculative and noted that the
arbitrator felt that he was entitled to another opportunity.
Further, Michels said a ruling vacating the decision
would have a "chilling effect" on public sector laws by
circumventing the established collective bargaining process.
"It would create carte blanche for employers to impose
discipline against police officers without concern as to an
arbitrator's interpretation of 'just cause' since it is difficult to
conceive of a situation in which an employer could
not subsequently claim to a reviewing court that the employee's
conduct calls into question his or her ability to

6. 'self-regulate,' " Michels wrote.
A case with similar legal questions is set to go before the
Minnesota Supreme Court next week. The Minnesota
Court of Appeals in April sided with the city of Richfield in its
decision to fire an officer who was caught on video
striking a Somali teenager over the head. The appeals court said
a district judge erred in failing to vacate an
arbitrator's decision ordering the city to rehire the officer.
Hylden took Huot's case under advisement on Monday, saying
he did not plan to wait for the Supreme Court's
decision in the Richfield case. The judge, however,
acknowledged that any new precedent established by the high
court in the coming months could create renewed issues in
Huot's case.
CREDIT: By Tom Olsen
DETAILS
Subject: Arbitration; Court hearings &proceedings; Police;
Labor contracts; State court
decisions; Public policy; Collective bargaining
Location: Minnesota

7. Company / organization: Name: Supreme Court-Minnesota;
NAICS: 922110
Publication title: TCA Regional News; Chicago
Publication year: 2018
Publication date: Oct 2, 2018
Publisher: Tribune Content Agency LLC
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Place of publication: Chicago
Country of publication: United States, Chicago
Publication subject: Business And Economics
Source type: Wire Feeds
Language of publication: English
Document type: News
ProQuest document ID: 2115254816
Document URL:
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337

8. Copyright: (c)2018 the Duluth News Tribune (Duluth, Minn.)
Visit the Duluth News Tribune
(Duluth, Minn.) at www.duluthnewstribune.com Distributed by
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Agency, LLC.
Last updated: 2018-10-02
Database: ABI/INFORM Collection
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http://www.proquest.com/go/pqissupportcontactCity fights
decision to reinstate officer after skywalk incident
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Type of document: Essay Academic
Level:Undergraduate
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Textbook: Textbook: Criminalistics: An Introduction to
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