The city of Minneapolis can't move to fire police officer Jason Andersen, despite his involvement in a series of controversial incidents, until a grievance over a drug test is resolved, a Hennepin County District judge ruled Monday.
Judge Marilyn Kaman said Andersen is likely to win his grievance because the city lacked "reasonable suspicion" to believe the officer was under the influence of drugs or alcohol when it ordered a test before reinstating him to the force last month.
Kaman heard more than an hour of arguments on the matter Friday. The Minneapolis Police Federation has filed a grievance on Andersen's behalf under the union contract. Federation lawyer Jim Michels said Friday the move to fire Andersen is "just another run at trying to get rid of this guy."
Andersen was fired in September because of a misdemeanor domestic assault charge, which was later dismissed. An arbitrator reinstated him last month, but the city insisted he first undergo a "fitness for duty" exam by a doctor.
After one test came back "abnormal,'' the doctor told the city Andersen should have to take another test. When Andersen, at his union's direction, refused to take the second test, the city moved to fire him. That process is on hold pending resolution of Andersen's drug-test grievance. Kaman found the first test results to be vague, based on a faulty non-fasting test, and not supported by a second agent of the employer, as required under the contract.
Andersen, 33, has been involved in three allegedly violent incidents. Last year he was at the center of a federal civil lawsuit over his fatal shooting of 19-year-old Fong Lee in 2006. A federal jury determined he used reasonable force under the circumstances. A federal grand jury is also investigating allegations that Andersen kicked a black juvenile twice in the head during an arrest in Crystal.
Rochelle Olson • 612-673-1747
Topic: Fong Lee's killer just can't get fired. (Read 690 times)