Louisville Metro Council Committee of the Whole Meeting - March 16, 2023: DOJ Report on LMPD
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Louisville Metro Council Committee of the Whole Meeting - March 16, 2023
The Louisville Metro Council Committee of the Whole met on March 16, 2023, at 5:28 PM to 6:34 PM in a hybrid format. The primary focus was a special discussion on the Department of Justice's (DOJ) report on the Louisville Metro Police Department (LMPD), covering the timeline, process, and next steps. Mayor's Office Chief of Staff David Kaplan and Assistant County Attorney Eric Graninger presented an overview and answered council questions.
Consent Calendar & Old Business
- The consent calendar comprised items 18-29; no items were added or removed initially, though item 29 was later pulled to old business upon request.
- Old business items 30-34 included four items from Planning and Zoning and one from Budget. Councilmember Flood noted a binding element amendment for one zoning item. Councilmember Blackwell briefly described the budget item (CIF030923LMPDmB) as forwarded for possible additional support.
Presidential Updates
- Council President Winkler reminded all staff to complete sexual harassment prevention training by March 20, and council members to complete supervisor training.
- A photographer will be available on April 13 for individual and group photos.
- Thanks were given for the Art in City Hall reception; artwork will remain on display for the year.
- Birthdays were announced for several council staff and members.
Special Discussion: DOJ Report on LMPD – Timeline and Process
- David Kaplan and Eric Graninger provided an overview of the DOJ's 23-month civil investigation, which found probable cause of a pattern or practice of unconstitutional policing. The investigation covered use of force, stops/searches/seizures, discriminatory policing, and disability discrimination.
- The administration immediately decided to negotiate a consent decree rather than litigate. Negotiations are expected to take months; Baltimore's took 5 months, but some have taken over a year. The consent decree will include a third-party monitor, cost estimates of $1.4–$2.25 million annually for the monitor alone, with total compliance costs potentially $5–$11 million per year based on other cities' experiences.
- Kaplan stated the goal is to create measurable tasks and avoid prolonged oversight, learning from cities like Seattle (11 years and over $100 million).
Councilmember Questions and Positions
- Councilmember Piagentini expressed concern about long timelines and costs, citing Seattle's record crime levels. He asked about quantifiable goals to ensure an exit path. Kaplan acknowledged the challenge and said they are seeking advice from experienced negotiators.
- Councilmember Reed noted the report used vague language (e.g., "many" 42 times) and asked if the city can push back for more specificity. Kaplan responded that they have a good working relationship and hope to achieve consensus on measurable reforms.
- Councilmember Arthur asked about duplicate DOJ recommendations (#4 and #7) and whether community input could change recommendations. Kaplan agreed to check on the duplicate and confirmed community input sessions (town halls) are planned for April 10 week, which may affect recommendations. Arthur also questioned the mayor's plan to spend ARP funds on a new LMPD headquarters and wellness center, arguing the ordinance specified funds for Hilliard Heintze/DOJ recommendations. Kaplan argued the facilities fall under public safety and DOJ support. Arthur stated the ordinance is clear and urged the mayor not to violate the law.
- Councilmember Hawkins emphasized the need to address constituents whose homes were violated and who were called racial slurs, arguing policy failures do not excuse targeting. She asked about a package for affected constituents. Kaplan said they are moving forward with a consent decree.
- Councilmember Purvis asked what happens to individuals wrongfully prosecuted; she requested a follow-up report on how those convictions will be rectified. Kaplan said over 60 specific incidents are under review by the chief, but names/dates were not provided by DOJ.
- Councilmember Rashad asked about order of importance among the recommendations and stressed immediate need for civilian complaint improvements and restitution for harmed communities. Kaplan highlighted the recent agreement between LMPD and the Inspector General to share body camera footage and officer testimony. On restitution, Kaplan said the administration's focus is on negotiating a consent decree.
- Councilmember Baker asked how many current officers have violated constitutional rights; Kaplan could not answer but said the 60+ incidents are under review. Baker also urged investment in marginalized communities as the root problem.
- Councilmember Shanklin called for investigations into judges, majors, and sergeants who knew about violations. Kaplan said the administration's focus is on implementing DOJ recommendations.
- Councilmember Parker stressed officer mental health and wellness, including periodic psychological evaluations and counseling, to address root causes. Kaplan noted the mayor's support for a wellness center and that DOJ agrees officer wellness is part of reform.
- Councilmember Seum asked whether the previous administration's office is under investigation; Kaplan had no information.
- Councilmember McCraney stated the DOJ report should have been tougher but pledged to work diligently. She urged the administration to be "transparent to a fault" and not take undue credit.
- Councilmember Ackerson defended the administration (in office only 2.5 months) and asked for patience, but noted that in six months they will demand answers.
Key Outcomes
- The administration committed to continue collaboration with the DOJ and community to negotiate a consent decree. They will return to the Public Safety Committee on Tuesday, March 21 at 5:00 PM for further discussion.
- Item 29 was pulled from the consent calendar to old business.
- No votes were taken on the DOJ report or related items.
Meeting Transcript
Thirty seconds Metro TV, thirty seconds. The Louisville Metro Council's regular committee of the whole of March sixteenth, twenty twenty-three will please come to order. The time is currently five twenty-eight PM. This meeting is being held pursuant to KRS sixty one dot eight two six and council rule five A. Madam Clerk, a roll call, please. Okay. All right. Madam Clerk will just take roll. Uh, since we're starting late, we will just begin. Uh please let the record reflect that uh Councilman Mulvahill uh has an excused absence, as does anybody else who is not here currently. Okay. First, I'd like to uh go over tonight's agenda. Councilman Kramer, you have a page, correct? I do, yes, sir. His name is Nathan. He's here in the audience right now, stand up and wave to us, and then uh when it comes time, we'll introduce him and put the whole thing on the record. Thank you. Thank you. Um Council members, as I'm sure you all know, uh, the next item of business tonight will be appointing the district eight council members. Uh we, as everybody knows, we interviewed eighteen over almost five hours on Monday, March thirty thirteenth. When we begin the process, uh, we will open the floor to nominations. You may only nominate uh from the eighteen who we interviewed. Uh, once all nomination and there's no second needed, so uh you'll simply nominate. Umce nominations have been made, we'll proceed with a roll call vote uh to determine the council member. The first candidate who wins a simple majority of thirteen votes will be appointed. Uh if a candidate is not received votes on the first ballot, I will again open the floor for nominations and will continue to take a ro vote, a vocal roll call vote until one candidate has the necessary thirteen. Uh the new member, as per our rules, will be allowed to vote on all legislation this evening. However, they may also uh and you know, probably encourage to vote present if they so choose, uh, since they likely will not have reviewed the agenda prior. Are there any questions about the process this evening? Seeing none. Uh Madam Clerk, do we have any addresses to council? Yes, sir. We have ten. Uh the consent calendar comprises eighteen to twenty-nine. Would anybody like to add or remove any items from the consent calendar? Old business comprises items thirty through thirty-four. We have four items from planning and zoning, and one item from budget. Uh Councilman Flood, do you want to discuss any of these four now? No, there's just other than the last one that will last thing that we'll consider it with the zoning change. We will have a um finding element addition to that. Okay. Thank you. And then uh well, Councilman Blackwell. Uh Councilman Kramer, anything you want to touch on from the one item from budget? Sorry to put you on this book. Oh, Councilman Blackwell. I'm sorry, I didn't look up. I can if you'd like. Thank you. Sorry.
openpublica.com