Tennessee Supreme Court places court-ordered demotions on pause for Memphis police
- The Tennessee Supreme Court temporarily halted the demotion of hundreds of Memphis Police Department second lieutenants.
- The demotions, previously mandated by a lower court, stemmed from a dispute between the city and the police union over the creation of the second lieutenant rank.
- The Supreme Court will further review the city’s motion for a stay as the city appeals the arbitration ruling.
The Tennessee Supreme Court has put a hold on the demotion of hundreds of second lieutenants within the Memphis Police Department.
The Supreme Court order was filed Aug. 26 and put a temporary pause on the demotions. The demotions were mandated by a Shelby County Circuit Court judge and upheld by an appeals court prior to the Supreme Court ruling.
The Supreme Court added that it will “further review” the City of Memphis’ motion for a stay as the city appeals the arbitration ruling.
The case has been pending for years, including both arbitration and Shelby County Circuit Court proceedings. In recent weeks, the city has appealed a ruling requiring it to demote all officers promoted to the new rank and negotiate a new rank with the police union.
The years-long legal fight stems from the city creating the second lieutenant rank — a rank below lieutenant (now called first lieutenant) and a rank above sergeant. The new rank requires less experience for promotion and no time spent in an investigative role.
MPD brass have characterized the rank as a way to provide additional oversight for officers, a need MPD Chief Cerelyn “C.J.” Davis cited constantly in the wake of Tyré Nichols being fatally beaten by MPD officers in January 2023. The role, in the city’s description, provides more direct oversight to officers in the field.
What caused the court fight?
The police union went into arbitration with the City of Memphis after the rank was created. According to the union, the city unilaterally creating a new rank violated its memorandum of understanding with the city.
The arbitrator agreed with the union’s arguments and required the city to demote all of those second lieutenants, scrap the rank entirely and reopen negotiations on a new rank. The city then filed a petition to vacate the arbitrator’s ruling, saying the arbitrator overstepped its authority.
Police promoted to the second lieutenant rank were excluded from the police union’s bargaining unit. Any Memphis police officer can be part of the union, but only those ranked sergeant and below are part of its bargaining unit.
The Memphis Fire Fighters Association sued the city in July this year over alterations to raises it was promised by the city, adding a second front to the city’s legal battles.
As both cases are ongoing, the city is in active litigation with two of its biggest public employee unions.