Memphis City Council Meeting - February 7, 2023
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Memphis City Council Meeting - February 7, 2023
The Memphis City Council convened on February 7, 2023, for a regular meeting that began with prayer, the Pledge of Allegiance, and approval of minutes from the January 24 meeting. Early items included honorary resolutions and a humanitarian award, but the bulk of the meeting was devoted to police reform following the death of Tyre Nichols. The council passed one resolution (item 25) and advanced seven ordinances (items 27–32) on first reading, all aimed at increasing accountability, transparency, and reducing pretextual policing. Extensive public comment was heard on these items.
Consent Calendar
- Approval of minutes from January 24, 2023 (unanimous).
- Item 2: Resolution honoring New Hope Christian Academy on its 25th anniversary (unanimous).
- Item 33 (added): Resolution honoring Universal Circus (unanimous).
- Item 1: Presentation of the 2022 Memphis City Council Humanitarian Award to the family of Bishop William M. Young (unanimous).
- Item 5: Resolution approving a plan development at 5505 Malone Road (unanimous).
- Fiscal consent agenda (items 11, 12, 21–23) – acceptance and allocation of grant funds (unanimous).
- MLGW fiscal consent agenda (items 13–16) – contract changes for tank painting, inspections, pollution control, and cashiering system (unanimous).
- Item 18: Resolution reallocating $2 million to Works Inc. for Peach Tree Senior Development (unanimous).
- Item 19: Resolution transferring $451,027.45 from affordable housing contribution to Memphis Housing Trust Fund (unanimous).
- Item 24: Resolution appropriating $300,000 in GL bonds for major maintenance at Overton Park Shell (unanimous).
- Item 20: Resolution to establish a parks restoration fund was held pending further negotiations.
- Consent agenda (items 6–10) – three ordinances (zoning, UDC amendments) and one resolution accepting public improvements (unanimous).
Public Comments & Testimony
Public comments were heard on multiple police reform items and during the general public comment period. Key themes:
- Support for ordinances limiting pretextual stops, unmarked cars, and requiring data transparency (speakers from Decarcerate Memphis, Vera Institute, and community members).
- Call for deeper systemic change: Many speakers criticized reform as insufficient, arguing that policing is inherently racist and cannot be fixed by training or minor policy changes. They called for defunding, dismantling specialized units, and removing police from traffic enforcement.
- Personal stories: Several Black residents described being stopped for minor infractions or no cause (e.g., “window down”), highlighting the differential treatment compared to white drivers.
- Criticism of Chief Davis and the administration: Speakers accused the chief of lacking transparency and noted that officers involved in Tyre Nichols’ death were simply moved to other units. A Palestinian American speaker compared police units to “occupation forces.”
- Support for stronger CLERB: Multiple commenters urged full funding and independence for the Civilian Law Enforcement Review Board.
- A sixth-grade student’s letter (from Collegiate School) was read by Vice Chairman Smiley, urging an end to pretextual stops.
Discussion Items
- Items 25–32 were taken up as a package in light of public urgency. Chairman Jones stressed these were just the beginning of the conversation.
- Item 25 (Resolution): Establish misuse of body-worn cameras and excessive force as disqualifying factors in MPD promotions for two years. Councilwoman Johnson proposed a friendly amendment to strike the “two-year” limit for excessive force and instead state such officers should be considered for termination. The amendment was accepted. Passed unanimously (12-0).
- Item 26 (Resolution): Support for the George Floyd Justice in Policing Act. Discussion centered on the implications of qualified immunity. Attorney Wade explained federal vs. local application. Passed unanimously (12-0).
- Item 27 (Ordinance, first reading): Annual independent audit of MPD training academy and techniques. Councilwoman Easter Thomas moved a friendly amendment requiring council approval of the auditor and budget; accepted. Defined “regular” as annual. Passed unanimously after public comment.
- Item 28 (Ordinance, first reading): “Driving Equality Act” – prohibits pretextual stops for six minor violations (e.g., late registration <60 days, missing single brake light, minor bumper issues). Councilman Morgan expressed concern about fair application and lack of vehicle inspections. Councilman Carlisle raised temporary tag issues. Passed 11-0-1 (Morgan abstained).
- Item 29 (Ordinance, first reading): Requires only marked police vehicles to conduct traffic stops; plainclothes officers not to be used for routine stops. Councilman Carlisle noted the need to define “routine.” Passed 11-0-1 (Morgan abstained).
- Item 30 (Ordinance, first reading): Establishes reporting protocol for MPD disposition of CLERB recommendations, giving CLERB investigative authority and ability to audit policies. Councilman Ford noted the council had already agreed to fund CLERB with $1.5 million. Passed unanimously.
- Item 31 (Ordinance, first reading): Creates independent review process for incidents involving excessive/deadly force or in-custody deaths, including access to video footage. Council Attorney authorized to hire independent consultants. Passed unanimously.
- Item 32 (Ordinance, first reading): Requires collection and regular public reporting of data on traffic stops, arrests, use of force, and complaints. Officer must provide badge number and signed report to citizen. All council members added as co-sponsors. Passed unanimously.
Key Outcomes
- Passed unanimously: Items 1, 2, 5, 6–10, 11–16, 18, 19, 24, 25, 26, 27, 30, 31, 32.
- Passed 11-0-1: Items 28 and 29 (Councilman Morgan abstained on both).
- Held: Item 20 (parks restoration fund) pending negotiations.
- Same-night minutes approved for items 10, 11, 12, 21, 22, 23, 24, 25, 26 (unanimous).
- Next steps: The ordinances (items 27–32) will return for second and third readings at subsequent meetings. The council committed to continued public engagement and possible town halls.
Meeting Transcript
Mr. Sergeant at Arms, will you please call our February 7th, 2023 meeting to order? Oh, yes, we have a couple of minutes. All right, I would like to recognize our chaplain of the day, Reverend Joshua Narcis, Spiritual Care Director of Church Health Center. He's invited by Councilman Morgan today. The prayer will be followed immediately by the Pledge of Allegiance. Reverend Narcisse, will you please lead us in prayer? Good afternoon. Good afternoon. Let us join our hearts in prayer. God, we give you thanks that when our eyes fluttered open this morning, you greeted us with the gift of new mercies. We give you thanks that you granted us grace enough to make it to this moment. And God, we do give you thanks that you are continuing to call women and men to govern with wisdom and understanding. God grant that this body, as they continue to discern and deliberate, grant them the wisdom that only you can give, and deepen the level of understanding of every comment that is shared, presentation that is made, every resolution that is offered, and ordinance that is read. God, we know that you alone are God of the conscience. And so we pray that you would grant this council and indeed all those who call Memphis home the wisdom and the courage we need to face this present hour. Save us, God, from the allure of weak resignation to the evils that so easily beset us. And God give us endurance, the endurance and the will to care for one another. Help us to make justice our common aim. God, bind us to the way of mercy, and remind us in each moment that love is our only hope for all of these things. And indeed, those concerns that reside in the quietness of our hearts where no human hand can touch. We ask that you would tend to them with the tenderness with which you tend to our very lives. It's in the name of the one who is closest to us that we do pray. Amen. Amen. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Thank you, Mr. Chair, and thank you, Reverend Joshua Narcis. Many of y'all, not unlike myself, may not know Reverend Joshua. He comes to us, a young man from Queens, New York, through Yale to Memphis, and he's been in our community now, coming up on his fourth year, and he serves as the spiritual guide director at the Church Health Center. If you're not familiar with the Church Health Center, they serve about 60,000 Memphians and patients on a yearly basis. We have the largest uh I believe primary caregiver in the Mid-South area and the largest nonprofit faith-based caregiver in the country. Uh they do incredible work in caring for the sick and the needy and where they are on a daily basis. And Reverend, I just want to say thank you on behalf of the Memphis City Council for the work you do there. Welcome to Memphis, if it hadn't been said enough already. And we look forward to the work that you're going to set to here, both with your hands and in the hearts and souls of our community. Thank you so much for opening us in prayer today. Uh acknowledged your Yale affiliation, but he didn't mention that you are bison. As am I. Well, welcome to Memphis, my friend. Madam Comptroller, will you please call the roll? Councilmember Canale. Carlisle. Call that Easter Thomas Ford. Johnson Logan. Morgan. Here. Rodinson. Vice Chairman Smiley.
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