Public Safety Committee

601 W. Jefferson Street Louisville Metro Government Louisville, KY 40202 Action Summary - Final Public Safety Committee Chair Jessica Green (D-1) Vice Chair James Peden (R-23) Committee Member Barbara Shanklin (D-2) Committee Member Barbara Sexton Smith (D-4) Committee Member Mark H. Fox (D-13) Committee Member Marilyn Parker (R-18) Committee Member Madonna Flood (D-24) Monday, November 16, 2020 3:00 PM Council Chambers THIS IS CONSIDERED A SPECIAL MEETING Call to Order Chair Green called the meeting to order at 3:02 p.m. Roll Call Chair Green introduced the committee members and non-committee members present. A quorum was established. *NOTE: All committee members and non-committee members present attended virtually. Present: 6- Chair Jessica Green (D-1), Vice Chair James Peden (R-23), Committee Member Barbara Shanklin (D-2), Committee Member Barbara Sexton Smith (D-4), Committee Member Mark H. Fox (D-13), and Committee Member Marilyn Parker (R-18) Excused: 1- Committee Member Madonna Flood (D-24) Non-Committee Member(s) Council Member Keisha Dorsey (D-3); Council Member Donna Purvis (D-5); Council President David James (D-6); Council Member Paula McCraney (D-7); Council Member Bill Hollander (D-9); Council Member Kevin Kramer (R-11); Council Member Cindi Fowler (D-14); Council Member Kevin Triplett (D-15); and Council Member Nicole George (D-21) Support Staff Hollie Hopkins, Jefferson County Attorney's Office Alice Lyon, Jefferson County Attorney's Office Clerk(s) Sonya Harward, Clerk Louisville Metro Government Page 1 Public Safety Committee Action Summary - Final November 16, 2020 Pending Legislation 1. O-481-20 AN ORDINANCE CREATING THE CIVILIAN REVIEW & ACCOUNTABILITY BOARD AND THE OFFICE OF INSPECTOR GENERAL, AND ABOLISHING THE CITIZEN COMMISSION ON POLICE ACCOUNTABILITY. (AMENDMENT BY SUBSTITUTION) Sponsors:Primary Paula McCraney (D-7), Primary Bill Hollander (D-9) and Primary David James (D-6) Attachments: O-481-20 V.4 FABS 111920 Civilian Rev. and Acct. Board and OIG.pdf O-481-20 V.3 CABS-CAM 111120 Civilian Rev. and Acct. Board and OIG.pdf O-481-20 V.2 CAM 102820 Civilian Rev. and Acct. Board and OIG.pdf O-481-20 V.1 102220 Civilian Rev. and Acct. Board and OIG.pdf O-481-20 PROPOSED FABS 111920 Civilian Rev. and Acct. Board and OIG.pdf O-481-20 PROPOSED CABS 111120 Civilian Rev. and Acct. Board and OIG.pdf Impetus Statement on Civilian Review Final 11-16-20.pdf A motion was made by Vice Chair Peden, seconded by Committee Member Sexton Smith, that this Ordinance be untabled. Council Member McCraney spoke about this item and stated that it was good legislation for the citizens of the community who want to be assured that police are being held accountable for any misconduct, and good for the police officers who can be assured that if they are accused wrongly it will be investigated as well. She also spoke in opposition of the amendments that were made to the Ordinance at the previous Committee meeting. Guests invited by Council Member McCraney also spoke to this item: - Joe Reagan, Impetus Group (statement attached hereto) - Scott Dickens - Judy Schroeder, Member of Civilian Review Board Work Group - Rev. Eric French, Member of Civilian Review Board Work Group A motion was made by Vice Chair Peden, seconded by Committee Member Parker, that this Ordinance be amended to allow the Civilian Review Board to have independent legal counsel aside from the Jefferson County Attorney's Office. Vice Chair Peden stated that he was proposing the amendment because with every significant case regarding a complaint/allegation brought against Metro Government appears to involve a cover up by various parties. Committee Member Sexton Smith asked if it was legal for the Council to allow the Board to have independent legal counsel by stating such in an Ordinance. Hollie Hopkins, Jefferson County Attorney's Office, responded by stating the provisions allowed by KRS 67C regarding who is authorized to represent the Council and Metro Government. Louisville Metro Government Page 2 Public Safety Committee Action Summary - Final November 16, 2020 Chair Green asked if she understood it correctly that the Council has the ability to hire legal counsel but cannot give that power to another entity. Hollie Hopkins responded by referencing KRS 67C.115(5), which states that the Council could retain legal counsel for itself solely for advice and consultation. Council Member McCraney referenced Section 36.82(b) of the Ordinance regarding the Inspector General having the power to employ necessary personnel and contract with outside experts and consultants as needed. The motion to amend failed by the following vote: Yes: 3- Peden, Fox, and Parker No: 3- Green, Shanklin, and Sexton Smith Excused: 1- Flood Enactment No: Ordinance 147-2020 The motion to recommend for approval carried by the following vote and the Ordinance was sent to Old Business. Yes: 6- Green, Peden, Shanklin, Sexton Smith, Fox, and Parker Excused: 1- Flood Enactment No: Ordinance 147-2020 Adjournment Without objection, Chair Green adjourned the meeting at 3:42 p.m. NOTE: Items sent to the Consent Calendar or Old Business will be heard before the full Council at the Metro Council Meeting on November 19, 2020. Louisville Metro Government Page 3