by Rod Williams, April 24, 2023- On Friday the State legislature passed bill HB0764 which abolishes community oversight boards in Tennessee and authorizes municipalities to create "police advisory and review committees to ensure the timely, fair, and objective review of citizen complaints and to make recommendations concerning such complaints."
The board authorized under this legislation would have substantially less power than Nashville's current Community Oversite Board. Metro Government describes the current Community Oversite Board's function this way:
The Board shall have the power to investigate allegations that Metro Nashville Police Department officers have committed misconduct against members of the public, as well as issue policy advisory and resolution reports assessing allegations of misconduct by the Metro Nashville Police Department, recommendations to agencies involved in public safety and the administration of justice, and have the option of establishing a monitoring program that provides an ongoing review or audit of the complaint process administered by the Police Department Office of Professional Accountability or equivalent internal affairs program in the Police Department. The Board may refer a matter to the Police Department Office of Professional Accountability and recommend that discipline be given within the parameters of civil service rules and regulations, and Police Department shall respond to disciplinary recommendations in writing. The Board has the option to forward resolution reports that produce factual findings of criminal misconduct and civil rights violations to the District Attorney, Grand Jury, or U.S. Attorney. The Board shall have all powers, including the power to compel, identified in Section 18.10 of the Metropolitan Charter. (link)
The newly authorized police advisory and review committees would have this function:
The purpose of the committee is to strengthen the relationship between the citizens of the municipality and the municipal police department, to ensure the timely, fair, and objective review of citizen complaints while protecting the individual rights of police officers, and to make recommendations concerning citizen complaints to the chief of police of the municipality, the mayor, and the municipal governing body.
The Metro Community Oversight Board stacks the deck of the board with community activist. This must be the make-up of the current COB:
The make-up of the Board as set forth by Charter is as follows:
• Seven (7) of the Board members shall be persons who are nominated by:
- community organizations; or
- private petition signed by fifty (50) Davidson County residents.
• Two (2) of the members shall be persons nominated by Council Representatives, and
• Two (2) of the members shall be persons nominated by the Mayor.
The newly authorized police advisory and review committees would not have such requirements. This is what the new law says:
Committee members are appointed by the mayor and confirmed by a majority vote of the municipal governing body, ...
A committee shall not restrict or otherwise limit membership based upon demographics, economic status, or employment history.
To read the bill follow this link.
The Governor is expected to sign the bill.
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