Amendments	Fiscal Memos
SA0396	Amendment 1-0 to SB0591

	Amendments	Fiscal Memos
HA0418	Amendment 1-1 to HB0764
HA0490	Amendment 2- to HB0764

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

Other Fiscal Impact – There may be a mandatory decrease in local expenditures of an unknown amount in FY23-24 and subsequent years. To the extent that any municipal governing body elects to create a committee, the relevant municipality will realize a permissive increase in expenditures for which the amount and timing are unknown.

Bill Summary

This bill alters provisions of law regarding the investigation of police officers by generally replacing all variations of the terms "agency" or "the officer's agency" with "municipality" or "the municipality that employs the police officer"; replaces community oversight boards with authorization for municipalities to create police advisory and review committees, as described below.

COMMUNITY OVERSIGHT BOARDS

Present law defines "community oversight board" as a board established by a local government to investigate or oversee investigation into possible law enforcement officer misconduct or the operations of an agency employing a law enforcement officer.

Present law limits the authority of a community oversight board to the review and consideration of matters reported to the board and the issuance of advisory reports and recommendations to the duly elected or appointed officials of the agencies involved in public safety and the administration of justice within the jurisdiction for which the community oversight board is established.

Present law provides that a community oversight board does not have subpoena power but a local legislative body may issue a subpoena on behalf of a community oversight board.

Present law requires that any employee or member of a community oversight board be a registered voter of the jurisdiction for which the community oversight board is established.

Present law requires any document provided to a community oversight board that is confidential under provisions for public records or any other law to be treated as confidential and must not be released to the public.

Present law requires, a community oversight board to submit an annual report of the board's activities to the chairs of the civil justice and criminal justice committees of the house of representatives and the judiciary committee of the senate.

In any jurisdiction in which the local law enforcement agency conducts a citizen police academy or similar program, present law requires each member of the community oversight board to complete the academy or program.

POLICE ADVISORY AND REVIEW COMMITTEES

This bill replaces present law concerning community oversight boards, and instead provides provisions for police advisory and review committees.

This bill authorizes a municipal governing body upon the adoption of an ordinance by a 2/3 vote at two separate meetings to create a police advisory and review committee to strengthen the relationship between the citizens of the municipality and the 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.

Pursuant to this bill, a committee consists of seven members. As is the case with oversight board members under present law, a committee member must be a registered voter of the jurisdiction for which the committee is established. In addition, this bill requires that a committee member must:

(1) Possess a reputation for fairness, integrity, and responsibility, and have demonstrated an active interest in public affairs and public service; and

(2) Not be a current employee of a municipal governmental body in a field other than education.

The committee members are appointed by the mayor and confirmed by a majority vote of the municipal governing body. At its first regular meeting, this bill requires the committee to elect one of its members to serve as chair, who serves a term of one year or until a successor is elected, and who may appoint other officers as the chair deems appropriate. The full text of this bill provides information and procedures regarding the terms of committee members and initial appointments.

This bill authorizes, upon the recommendation of a majority of the committee members or by a finding of the mayor, the mayor, with approval of the governing body, to remove a member of the committee for official misconduct or neglect of duty including neglect of any duty specifically provided in this bill.

This bill provides that members who are absent from three consecutive regular committee meetings are considered to have vacated their positions on the committee and may be replaced; and members who cease to possess the qualifications for membership on the committee provided in this bill are deemed to have forfeited their position on the committee.

This bill prohibits a person from receiving compensation for services performed as an appointed member of the committee.

This bill requires each person appointed to the committee to complete the citizen's police academy course offered by the municipal police department and any other training deemed appropriate by the chief of police of the municipality to educate citizens on law enforcement operations, practice, and training. This bill requires each member of the committee to complete the course within six months of the date of a person's appointment to the committee.

This bill requires members of the committee to:

(1) Obey all laws regarding an individual's right to privacy and confidentiality of records;

(2) Maintain the integrity of internal affairs unit files; personnel files; and other files, records, or tapes received pertaining to their membership on the committee;

(3) Excuse themselves from participating in the review of a complaint in which they have a personal, professional, or financial conflict of interest; and

(4) Conduct themselves in a manner that ensures public confidence in the fairness, impartiality, and integrity of the committee, and refrain from making inappropriate or prejudicial comments regarding a matter being reviewed by the committee or which may be reasonably expected to be reviewed by the committee.

This bill requires the mayor to select an executive director of the committee whose appointment is subject to the approval of a majority of the members of the committee. The full text of this bill specifies the nature of an executive director's employment and duties.

This bill requires the executive director to accept written, sworn complaints from members of the public regarding misconduct of police officers and to forward the complaints to the head of the internal affairs unit of the municipal police department within three business days of their receipt. Upon receipt of a complaint, this bill requires the unit to immediately investigate the allegations pursuant to the standard operating procedures of the municipal police department. This bill also authorizes the executive director to accept unsworn or anonymous complaints and, if accepted, to either attempt to resolve the complaints or, if warranted, refer the complaints to the internal affairs unit for investigation.

Upon notification by the head of the internal affairs unit that an investigation of an allegation of police misconduct is closed, whether the investigation was prompted by a complaint received by the executive director or otherwise, this bill requires the executive director to review the unit file or the referral action form and determine if the investigation is complete. This bill further provides:

(1) If the executive director determines that the investigation is complete, then the executive director must file a report with the committee at its next regularly scheduled meeting that contains a copy of the internal affairs unit case, summary, or referral action form, and any documentation of disciplinary action pertaining to the case;

(2) If the executive director determines that the investigation is not complete, then the executive director must file a report with the committee at its next regularly scheduled meeting that contains an explanation of the specific information necessary, in the executive director's opinion, for the investigation to be complete; and

(3) At each of the regularly scheduled committee meetings, the executive director must file a report with the committee that details the resolution of unsworn or anonymous complaints the executive director has been able to resolve without an investigation by the internal affairs unit.

This bill requires the committee to review all reports submitted by the executive director regarding investigations of police misconduct. If the executive director finds that an investigation is not complete, then this bill authorizes the committee to, by a majority vote of its members:

(1) Request the chief of police of the municipality to conduct a further investigation of the incident, specifying that additional information is needed; or

(2) Direct the executive director to further investigate the incident.

This bill requires the executive director to report any additional investigative findings made to the committee, and upon completion of its inquiry, this bill requires the committee to report its written findings and conclusions to the chief of police of the municipality, the mayor, and the municipal governing body.

This bill requires that the committee have access to all public records of the municipality and municipal police department records as it deems necessary to conduct its affairs in furtherance of its duties under this bill.

This bill authorizes the committee to make recommendations to the chief of police of the municipality for the improvement of police policies and activities and to benefit the community. This bill requires the chief of police of the municipality or the chief of police's designee to attend all meetings of the committee to provide information and advice to the committee and to accept the recommendations of the committee, if any.

This bill requires the committee to compile a comprehensive report of its activities at least once a year, containing statistics and summaries of citizen complaints, including a comparison of the committee's findings and conclusions with those of the internal affairs unit, along with the actions taken by the chief of police of the municipality. This bill requires the compiled report to be submitted to the:

(1) Executive director for inclusion in the executive director's annual report to the chief of police of the municipality;

(2) Mayor;

(3) Municipal governing body;

(4) Chairs of the civil justice and criminal justice committees of the house of representatives; and

(5) Chair of the judiciary committee of the senate.

This bill authorizes both the committee and the executive director of the committee to request legal services and advice from the municipality's law department or outside counsel. Where, in the judgment of the law director or outside counsel, the provision of legal services and advice would constitute a conflict of interest with the department's or counsel's duties to the municipality or any municipal department, the law director or outside counsel must advise the committee or the executive director of the conflict of interest. The committee or the executive director may then request the law director or outside counsel to provide other outside counsel. If the executive director is prohibited from participating in the review of a complaint due to a conflict of interest, then this bill authorizes the committee to petition the mayor to appoint a temporary assistant to perform the duties of the executive director.

This bill requires the committee to adopt rules of procedure for the transaction of committee business not inconsistent with this bill. This full text of this bill provides more information regarding rules of procedure for committee meetings, votes needed to act, and what constitutes a quorum.

This bill requires committee meetings and records to be open to the public, and requires the committee to provide an opportunity for public comment about an investigation being reviewed by the committee pursuant to rules and regulations established by the committee.

This bill authorizes the committee to subpoena witnesses to appear before the internal affairs unit or the executive director, as appropriate, and to compel witnesses to provide statements or produce documents in furtherance of an investigation when necessary. A subpoena issued by the committee must:

(1) Be issued pursuant to majority vote of the committee;

(2) Not be issued in the form of a blanket authorization, but must specify each document to be produced or witness to testify; and

(3) Not be issued for documents that are confidential under provisions for confidential records; however, any document provided to a committee that is confidential must be treated as confidential and must not be released to the public.

This bill prohibits the committee from reviewing an investigation:

(1) Concerning an incident that occurred prior to July 1, 2023;

(2) Prior to the closure of an investigation by the internal affairs unit or of a criminal investigation;

(3) While the complainant, the officer complained about, or a witness is actively engaged in pursuing a remedy provided by the rules and regulations of the civil service merit board of the municipality; or

(4) If the complainant has initiated, or threatened or given notice of the intent to initiate, litigation against the municipality or its employees.

This bill also prohibits the committee from directing the chief of police of the municipality to alter or impose disciplinary action against an employee of the municipal police department.

ON APRIL 6, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 591, AS AMENDED.

AMENDMENT #1 makes the following changes to this bill:

(1) Expands the provisions of this bill to apply to local governing bodies, instead of just municipal governmental bodies;

POLICE ADVISORY AND REVIEW COMMITTEES

(2) Clarifies that a local governing body is authorized upon the adoption of an ordinance or resolution to create a police advisory and review committee and limits the recommendations of the board concerning citizen complaints to be made only to the head of a law enforcement agency;

(3) Changes requirement (2) in the summary under POLICE ADVISORY AND REVIEW COMMITTEES for a committee member to require that they not be a current employee of a local governing body;

(4) Adds that no more than two persons may be appointed from one district or ward within a local government entity that is represented by a member of a local governing body;

(5) Adds that members of the committee who fail to complete required courses are considered to have vacated their positions on the committee and may be replaced;

(6) Clarifies that members of the committee must respect an individual's, including a local law enforcement officer's, right to privacy, and maintain materials received pertaining to their membership;

MISCONDUCT BY A COMMITTEE MEMBER

(7) Requires that the attorney for the local government entity investigate an allegation of misconduct by a committee member or their staff and submit a written report of investigative findings to the mayor or local governing body;

EXECUTIVE DIRECTOR OF THE COMMITTEE

(8) Changes the requirement that the mayor select an executive director of the committee, and instead authorizes the mayor to do so. As the selection is no longer a requirement, the requirement that the committee provide the executive director with support staff and an adequate office space and equipment is deleted. This amendment deletes the requirement that the executive director be a nonclassified exempt employee of the community relations department or similar division for the municipality;

(9) Changes the requirement pertaining to the executive director's employment to provide that the executive director must not be a former employee of a law enforcement agency for the preceding 12 months. This amendment adds that no person may be approved as executive director until the person has submitted to a state criminal history background check and investigation to be conducted by the Tennessee bureau of investigation; a national criminal history background check to be conducted by the federal bureau of investigation; and a lawfully administered test designed to detect the presence of a controlled substance or a controlled substance analogue;

(10) Clarifies that if the executive director determines an investigation is incomplete, then the director must notify the committee that in the director's opinion additional investigation or additional time may be required for the investigation to be complete;

(11) Authorizes the director to request legal services and advice from the attorney for the local government entity that provides legal services to the local government for which the executive director is employed;

(12) Deletes the requirement that the executive director administer oaths to complainants and witnesses. This amendment also clarifies that the director must compile statistical information regarding complaints of misconduct by law enforcement officers that were reported to the executive director from a member of the public, reported to the internal affairs unit where the investigation was reviewed by the executive director, or which were initiated by the executive director;

(13) Revises what the executive director can do if they find that an investigation is not complete by authorizing the director to return the investigation to the internal affairs unit for additional investigation;

MEETINGS

(14) Deletes the requirement that the chief of police or chief of police's designee attend all meetings of the committee;

(15) Deletes the authorization of the committee to subpoena witnesses to appear before the internal affairs unit or the executive director, and to compel witnesses to provide statements or produce documents in furtherance of an investigation when necessary. Instead, this amendment provides that a police advisory and review committee does not have power to issue subpoenas for documents or compel witness testimony. However, a local governing body is not prohibited from issuing a subpoena and may do so on behalf of the policy advisory and review committee following the same requirements as provided by the bill;

LIMITATIONS ON REVIEW

(16) Changes the limitation against reviewing an incident that occurred prior to July 1, 2023, to prior to January 1, 2023; and

INVESTIGATIONS OF POLICE OFFICERS

(17) Changes present law that provides that the laws governing investigations of police officers, such as questioning, disclosure, notice, and procedure requirements, apply only to those agencies that now provide a property interest in employment for their police officers and that have no other established procedures for dealing with the dismissal, demotion, suspension or transfer for punitive reasons of police officers. This amendment limits the laws that apply only to those agencies providing a property interest in employment so that present law pertaining to the prohibition of a law enforcement officer engaging in political activity and the requirement that an investigative record of officer-involved shooting death become public record applies to all law enforcement agencies.

ON APRIL 20, 2023, THE HOUSE SUBSTITUTED SENATE BILL 591, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 591, AS AMENDED.

AMENDMENT #2 incorporates the changes made by Senate Amendment #1 with the following changes:

(1) Clarifies that it is the express intent of the general assembly that:

(A) This bill preempts any existing law, ordinance, resolution, enactment, charter provision, or regulation by a local governing body concerning a police advisory and review committee, community oversight board, or other similar police oversight body, which as of January 1, 2023 does not conform with the requirements of this bill; and

(B) A local governing body that created a police advisory and review committee, community oversight board, or other similar police oversight body prior to July 1, 2023, must comply with this bill within 120 days, instead of 90 days, of July 1, 2023, or such committee, board, or body is terminated;

(2) Prohibits a committee member from serving more than two consecutive terms;

(3) Prohibits a person from receiving compensation for services performed as an appointed member of the committee;

(4) Prohibits a person from being approved as executive director until the person has supplied a fingerprint sample for the purpose of a state criminal history background check to be conducted by the TBI, as well as a national criminal history background check to be conducted by the FBI; and has submitted to a lawfully administered test designed to detect the presence of a controlled substance or a controlled substance analogue;

(5) Requires the local governing body to pay the costs incurred to conduct the criminal history background check and to administer the test under (3) above. The local governing body may require the applicant to pay the costs associated with the criminal history background check and the test;

(6) Requires the TBI and the entity conducting the test to report the results of the criminal history background check and test to the mayor or the mayor's designee within five business days of the bureau's receipt of such results;

(7) Provides that the results of the criminal history background check and test are confidential and are not required to be disclosed or made available under public records law; and

(8) Prohibits a meeting of the committee from commencing or continuing in the absence of a quorum.