# Minnesota Department of Public Safety *State agency of Minnesota responsible for law enforcement, licensing, traffic safety, emergency management and related public-safety functions.* The Minnesota Department of Public Safety (DPS) is a department of the State of [[Minnesota]]. Its programs cover law enforcement, traffic safety, alcohol and gambling enforcement, fire safety, driver licensing, vehicle registration, emergency management and public-safety information.[^1] It was created in 1969 under Minnesota Statute 299a. In 1970 the State Highway Patrol and the Drivers License Bureau were moved into it from the Minnesota Highway Department.[^2] A Commissioner of Public Safety heads the department; the [[Governor of Minnesota]] appoints the commissioner, who reports directly to the Governor. Fifteen commissioners are listed from January 1970 onward, the latest being Bob Jacobson, in office since January 2023.[^3][^2] On 14 January 2026 the United States, through the [[United States Department of Justice]], filed *United States v. State of Minnesota*, Civil No. 0:26-cv-00273, in the United States District Court for the District of Minnesota. The complaint alleges that the State, as an employer, engages in a pattern or practice of discrimination in violation of [[Title VII]] of the [[Civil Rights Act of 1964]].[^4] It alleges that all Minnesota executive agencies are "statutorily required to classify employees and applicants" by protected group, and that each agency must prepare an agency affirmative action plan.[^5] DPS is not named in the complaint or its exhibits. The record does not show the department's own affirmative action plan, goals or hiring justifications. The sections below set out what the complaint alleges about requirements it says bind state agencies, and the federal statutes it rests on.[^5] ## Who The Commissioner of Public Safety leads the department. The Governor appoints the commissioner, who answers directly to the Governor.[^2] The department's agency-history page carries a list of past commissioners.[^3] The commissioners and their terms are recorded as follows:[^2] - Wallace Hoaglund, January 1970 – December 1973 - Edward Novak, June 1974 – May 1979 - John Sopsic, May 1979 – September 1982 - Kenneth Dirkzwager, September 1982 – December 1982 - Paul Tschida, January 1983 – January 1991 - Ralph Church, January 1991 – October 1991 - Thomas Frost, October 1991 – December 1992 - Michael Jordan, December 1992 – April 1996 - Don Davis, April 1996 – December 1998 - Charlie Weaver, January 1999 – November 2002 - Rich Stanek, January 2003 – April 2004 - Michael Campion, April 2004 – February 2011 - Mona Dohman, March 2011 – January 2019 - John Harrington, January 2019 – January 2023 - Bob Jacobson, January 2023 – present The record does not name the governor who appointed each commissioner or that governor's party. This article therefore attributes no appointment by party.[^2] As of the revision retrieved on 27 October 2026, the department's leadership was listed as follows. Bob Jacobson was commissioner and Cassandra O'Hern deputy commissioner. T. John Cunningham was assistant commissioner of emergency services, Tim Lynaugh assistant commissioner of programs, and Jordan Haltaufderheid chief of staff.[^6] ## What The department is organized into fourteen units:[^7] - Alcohol and Gambling Enforcement - the [[Bureau of Criminal Apprehension]] - the Commissioner's Office - Driver and Vehicle Services - Emergency Communication Networks - Fiscal and Administrative Services - Homeland Security and Emergency Management - Human Resources - the Office of Communications - the Office of Justice Programs - the Office of Pipeline Safety - the Office of Traffic Safety - the State Fire Marshal - the [[Minnesota State Patrol]] The program areas these units serve include:[^2] - fire code development, fire investigation and safety inspection - forensic science - crime and fraud prevention - services to crime victims - homeland security and emergency management - emergency communications network management - traffic and motorcycle safety - pipeline safety and rule enforcement - public safety education ## When - **2 July 1964**: The Civil Rights Act of 1964 (Public Law 88-352, H.R. 7152, 78 Stat. 241) is enacted.[^8] - **1969**: DPS is established under Minnesota Statute 299a.[^2] - **1970**: The State Highway Patrol and Drivers License Bureau are transferred to DPS. Wallace Hoaglund becomes the first commissioner in January 1970.[^2] - **December 1973 – June 1974**: The commissioner list shows no commissioner between Hoaglund's departure and Edward Novak's arrival.[^2] - **24 March 1972**: The [[Equal Employment Opportunity Act of 1972]] (Public Law 92-261, 86 Stat. 103) amends Title VII.[^9] - **30 June 1978**: Executive Order 12068 (43 Fed. Reg. 28971) is issued. The 2026 complaint cites it.[^10] - **14 January 2026**: The United States files Civil No. 0:26-cv-00273 against the State of Minnesota.[^4] ## Why The department is described as coordinating the State's functions and services that bear on the safety and convenience of its citizens.[^1] The record contains no legislative history or statement of purpose for the 1969 enactment or the 1970 transfers. It does not establish why the department was created in that form.[^2] ## How ### Federal employment law applied to state agencies The Equal Employment Opportunity Act of 1972, approved 24 March 1972, amended section 701 of the Civil Rights Act of 1964 in two ways. First, it inserted "governments, governmental agencies, political subdivisions," into the definition of person. Second, it provided that the exemption for elected officials and their personal staff does not reach employees subject to a state's civil service laws.[^9] The Act also set a procedure for government respondents. Where the Equal Employment Opportunity Commission cannot secure a conciliation agreement with such a respondent, it is to "refer the case to the Attorney General", who may sue in federal district court.[^11] The same section allows a court that finds intentional discrimination to "order such affirmative action as may be appropriate". That relief can include reinstatement or hiring, with or without back pay.[^11] Section 5 of the 1972 Act provided for the Attorney General's functions under section 707 to pass to the Commission two years after enactment.[^12] The 2026 complaint grounds its jurisdiction in part on Executive Order 12068. That order is titled *Providing for Transfer to the Attorney General of Certain Functions Under Section 707 of Title VII of the Civil Rights Act of 1964, as Amended*.[^10] ### The complaint against the State of Minnesota The complaint was signed for the United States by, among others, Daniel N. Rosen, United States Attorney for the District of Minnesota, and Harmeet K. Dhillon, Assistant Attorney General. It is brought under section 707 of Title VII, 42 U.S.C. § 2000e-6. It requests a three-judge court on the Attorney General's certification that the case is of general public importance.[^4] Its facts section is headed *Minnesota's Statutory and Regulatory Affirmative Action Regime*.[^13] The complaint sets the State's stated purposes beside the mechanisms it describes. It quotes [[Minn. Stat. § 43A.19]], subd. 1(a), as aimed at "assur[ing] that positions in the executive branch of the civil service are equally accessible to all qualified persons" and at eliminating the effects of past and present discrimination. It quotes Minn. R. 3905.0100 as requiring "consideration of affirmative action goals on all staffing and personnel decisions".[^13] The complaint makes three further allegations about the statewide program:[^14] - [[Minnesota Management and Budget]] oversees it. - Goals are set by comparing an agency unit's protected-group composition with the relevant civilian labor market. - Where a unit underutilizes a protected group, the agency head sets a goal and a timetable. It states that Minn. Stat. § 43A.02, subd. 33, defines the protected groups as "females, persons with disabilities, and members of the following minorities: Black, Hispanic, Asian or Pacific Islander, and American Indian or Alaskan native".[^14] Under [[Minn. Stat. § 43A.191]], the complaint alleges, three requirements apply:[^15] - Each agency must "prepare and implement an agency affirmative action plan". - In a job category with underutilization, the hiring manager must "justify its nonaffirmative action hires" on a Pre-Hire Justification Form. - The commissioner must audit each agency annually "to determine the rate of compliance with affirmative action requirements". Any agency that fails its requirements for two consecutive years must be reported to the governor. As an illustration, the complaint attaches the [[Minnesota Department of Human Services]] *Hiring Justification* policy, No. 4100.250, effective 12 August 2025. The policy's stated purpose is to ensure the department "meets affirmative action responsibilities to comply with state statutes". It bars an offer to a "non-underrepresented candidate" in a job category with underrepresentation until a justification is approved.[^16] The complaint records the State's position that its plans are required by §§ 43A.19 and 43A.191 and that "these plans are prospective and analysis-driven". In response, it alleges that Minnesota "identifies no prior or present discrimination" to justify them.[^17] The complaint has two counts:[^17] - Count 1 alleges a pattern or practice of discrimination under section 703(a)(1) of Title VII. - Count 2 alleges limiting, segregating and classifying employees and applicants under section 703(a)(2). The United States asks for a declaratory judgment and a permanent injunction against the race- and sex-conscious staffing and personnel practices. It also seeks equitable relief for affected employees and prospective employees, and costs.[^18] The civil cover sheet lists [[Keith Ellison]], Attorney General, and Nick Pladson, Assistant Attorney General, as attorneys for the State.[^19] The record contains the complaint and its exhibits only. It shows no answer, ruling or later docket entry, so the allegations stand unadjudicated in this record.[^4] The complaint does not mention DPS. The record does not establish whether DPS has an agency affirmative action plan, what goals it carries, or how many hiring justifications it has filed.[^5] ## How many - **15**: commissioners listed from January 1970 to the present, as of the revision retrieved 27 October 2026.[^2] - **14**: divisions and offices listed for the department.[^7] - **17 pages, 72 numbered paragraphs, 2 counts**: the complaint in Civil No. 0:26-cv-00273. Its Exhibit B, the Department of Human Services policy, runs five pages.[^4] - **6**: categories named in the statutory definition of protected groups as quoted in the complaint (females, persons with disabilities, and four minority categories).[^14] ## Notes [^1]: Wikipedia, *Minnesota Department of Public Safety* (revision 1368463967, retrieved 27 October 2026), lead section — the department's status and program areas. https://en.wikipedia.org/wiki/Minnesota_Department_of_Public_Safety [^2]: Wikipedia, *Minnesota Department of Public Safety* (revision 1368463967, retrieved 27 October 2026), "History" and "Commissioner of Public Safety" — 1969 establishment under Minnesota Statute 299a, 1970 transfers, program areas, appointment by the Governor, and the list of commissioners with dates. https://en.wikipedia.org/wiki/Minnesota_Department_of_Public_Safety [^3]: Minnesota Department of Public Safety, *Agency History* (undated web page) — the department's historical list of commissioners. https://dps.mn.gov/about-dps/Pages/agency-history.aspx [^4]: U.S. Department of Justice, Civil Rights Division, *Complaint, United States v. State of Minnesota*, Civil No. 0:26-cv-00273, Doc. 1 (D. Minn., filed 14 January 2026), caption, ¶¶ 14–19, Counts 1–2 and signature page — filing date, court, Title VII basis, section 707, three-judge court request, signatories and length. https://www.justice.gov/crt/media/1423361/dl [^5]: U.S. Department of Justice, *Complaint, United States v. State of Minnesota*, No. 0:26-cv-00273, Doc. 1 (14 January 2026), ¶¶ 28, 37, and Exs. A–B — allegations that all executive agencies must classify employees and applicants and that each agency must prepare a plan; DPS is not named. https://www.justice.gov/crt/media/1423361/dl [^6]: Wikipedia, *Minnesota Department of Public Safety* (revision 1368463967, retrieved 27 October 2026), "Agency leadership" — current leadership as listed. https://en.wikipedia.org/wiki/Minnesota_Department_of_Public_Safety [^7]: Wikipedia, *Minnesota Department of Public Safety* (revision 1368463967, retrieved 27 October 2026), "Divisions" — the fourteen divisions and offices. https://en.wikipedia.org/wiki/Minnesota_Department_of_Public_Safety [^8]: United States Congress, *Public Law 88-352, Civil Rights Act of 1964*, 78 Stat. 241 (2 July 1964) — enactment, bill number and short title. https://www.govinfo.gov/content/pkg/STATUTE-78/pdf/STATUTE-78-Pg241.pdf [^9]: United States Congress, *Public Law 92-261, Equal Employment Opportunity Act of 1972*, 86 Stat. 103 (24 March 1972), § 2 — amendment of section 701 adding governments and governmental agencies to the definition of person, and coverage of state civil service employees. https://www.govinfo.gov/content/pkg/STATUTE-86/pdf/STATUTE-86-Pg103.pdf [^10]: U.S. Department of Justice, *Complaint, United States v. State of Minnesota*, No. 0:26-cv-00273, Doc. 1 (14 January 2026), ¶ 14 — citation of Executive Order 12068, 43 Fed. Reg. 28971 (30 June 1978), and its title. https://www.justice.gov/crt/media/1423361/dl [^11]: United States Congress, *Public Law 92-261, Equal Employment Opportunity Act of 1972*, 86 Stat. 105–107 (24 March 1972), § 4 (amended section 706(f)–(g)) — referral of government respondents to the Attorney General; court-ordered affirmative action remedy. https://www.govinfo.gov/content/pkg/STATUTE-86/pdf/STATUTE-86-Pg103.pdf [^12]: United States Congress, *Public Law 92-261, Equal Employment Opportunity Act of 1972*, 86 Stat. 107 (24 March 1972), § 5 — transfer of section 707 functions to the Commission two years after enactment. https://www.govinfo.gov/content/pkg/STATUTE-86/pdf/STATUTE-86-Pg103.pdf [^13]: U.S. Department of Justice, *Complaint, United States v. State of Minnesota*, No. 0:26-cv-00273, Doc. 1 (14 January 2026), facts heading and ¶ 20 — the stated purposes quoted from Minn. Stat. § 43A.19 and Minn. R. 3905.0100. https://www.justice.gov/crt/media/1423361/dl [^14]: U.S. Department of Justice, *Complaint, United States v. State of Minnesota*, No. 0:26-cv-00273, Doc. 1 (14 January 2026), ¶¶ 21–29 — MMB oversight, goal-setting by labor-market comparison, and the statutory definition of protected groups. https://www.justice.gov/crt/media/1423361/dl [^15]: U.S. Department of Justice, *Complaint, United States v. State of Minnesota*, No. 0:26-cv-00273, Doc. 1 (14 January 2026), ¶¶ 33, 37, 41 — agency plans, pre-hire justification, and the annual compliance audit under Minn. Stat. § 43A.191. https://www.justice.gov/crt/media/1423361/dl [^16]: Minnesota Department of Human Services, Equal Opportunity and Access Division, *Hiring Justification*, Policy No. 4100.250 (effective 12 August 2025), filed as Doc. 1-2 in No. 0:26-cv-00273 (14 January 2026) — stated purpose and the pre-offer justification requirement. https://www.justice.gov/crt/media/1423361/dl [^17]: U.S. Department of Justice, *Complaint, United States v. State of Minnesota*, No. 0:26-cv-00273, Doc. 1 (14 January 2026), ¶¶ 53–72 — the State's expressed position, the complaint's response, and Counts 1 and 2. https://www.justice.gov/crt/media/1423361/dl [^18]: U.S. Department of Justice, *Complaint, United States v. State of Minnesota*, No. 0:26-cv-00273, Doc. 1 (14 January 2026), Prayer for Relief — the relief sought. https://www.justice.gov/crt/media/1423361/dl [^19]: U.S. Department of Justice, *Civil Cover Sheet, United States v. State of Minnesota*, No. 0:26-cv-00273, Doc. 1-3 (14 January 2026) — attorneys listed for the State. https://www.justice.gov/crt/media/1423361/dl