The elected sheriffs of Minnesota gave a “vote of no confidence” on state Corrections Commissioner Paul Schnell during their winter conference, the officials’ professional organization announced Monday in criticizing how the agency inspects and licenses county jails.
The Minnesota Sheriffs’ Association based the decision on ongoing issues and operational challenges the sheriffs had in working with the Department of Corrections, the agency’s Jail Inspection and Enforcement Unit and “specifically with the DOC’s leadership,” according to a news release.
“In recent years, the DOC has begun a pattern of interpreting the law and taking enforcement actions based on whim rather than rule,” the sheriffs wrote.
The release said the DOC’s “arbitrary and capricious decisions are consistently creating hardships for those community members who are incarcerated, the legal community, law enforcement and especially the sheriff’s offices who must anticipate which erratic action the DOC will take against their county.”
In response later Monday, the DOC said that the department “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.”
The agency said its actions are “rooted in law, supported by documentation, and driven by the obligation to prevent harm, protect life, and reduce legal and financial risk to counties and the state. When deficiencies rise to the level of serious risk, DOC has a duty to act.”
Richard Hodsdon, the sheriffs’ association’s legal counsel, also singled out the agency’s oversight of county jails.
“The DOC has issued arbitrary orders against several Minnesota county jails that have cost property taxpayers millions of dollars without any evidence that its commands have done anything to make jails safer or better for those incarcerated or to better promote public safety,” he said in the statement. “Under the Commissioner and Jail Enforcement managers, the DOC has clearly changed from a supportive and assisting partner that helps counties run well-managed jails to the use of heavy-handed and draconian sanctions to impose the personal whims and preferences of some DOC staff on how they think jails should be run.”
The release said the sheriffs of Minnesota’s 87 counties were “overwhelming” in support of the vote of no confidence.
“What is really shocking is that they fail to hold themselves to the same high, and unwritten, standards that they impose on the jails,” the statement said.
The DOC said the sheriffs organization’s announcement “should not distract from the real issue at hand: ensuring that people held in Minnesota jails do not suffer preventable harm and that counties are not exposed to unnecessary legal and financial risk. DOC will not retreat from its responsibility to enforce minimum standards simply because doing so is unpopular or inconvenient.”
Under Schnell’s leadership, the department remains committed to transparency, collaboration and lawful oversight, the DOC said.
“We stand ready to work with sheriffs, counties, advocates, and policymakers in good faith to improve jail safety and operations across Minnesota — because lives depend on it.”
The Pioneer Press attempted to reach east metro sheriffs for comment on their professional organization’s action.
When the Washington County Sheriff Dan Starry was asked which way he voted and if he had any specific criticisms or comments about county jail inspections, a spokesperson referred to the MSA press release. Agencies in Dakota and Ramsey counties had not responded as of Monday night.
Democratic Gov. Tim Walz appointed Schnell commissioner of the DOC in January 2019. In 1993, Schnell became a deputy sheriff with the Carver County Sheriff’s Office and six years later joined the St. Paul Police Department. He was also the chief of police in Hastings, Maplewood and Inver Grove Heights.
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