THE
METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY
BILL
PURCELL, MAYOR
EXECUTIVE
ORDER NO. 16
SUBJECT:
Creation of the Metropolitan Government Domestic Abuse Death Review Team
WHEREAS,
domestic abuse related deaths are of grave concern to all citizens of Nashville
and Davidson County; and
WHEREAS, it is the responsibility of the Metropolitan Government to establish
such procedures that may be necessary to reduce the incidence of domestic abuse;
and
WHEREAS, the General Assembly of the State of Tennessee has enacted Chapter
No. 788 of the Public Acts of 2000, to be designated as Tennessee Code Annotated
§36-3-624, authorizing a county to establish an interagency domestic abuse
death review team to identify and review domestic abuse deaths, including homicides
and suicides, and to facilitate communication among the various agencies involved
in domestic abuse cases in order to recommend improvements in the system of
services to domestic abuse victims and their families, and to provide accurate
information related to domestic abuse issues to the community.
NOW THEREFORE, I, Bill Purcell, Mayor of the Metropolitan Government of
Nashville and Davidson County, by virtue of the power and authority vested in
me, do hereby direct and order the following.
- Creation of Team. There is hereby created a team to be
known as the Metropolitan Government Domestic Abuse Death Review Team, (“the
Team”).
- Composition of Team. The Team shall consist of the following
voting members
- The District Attorney General of Davidson County or an assistant district
attorney designated by the District Attorney General. The District Attorney
General of Davidson County shall serve as chairperson at the initial organizational
meeting.
- A representative from Legal Aid Society of Middle Tennessee.
- A representative with domestic violence expertise from the medical community
to be appointed by the Mayor of the Metropolitan Government of Nashville
and Davidson County.
- A representative from the Personal Crimes Section and a representative
from the Domestic Violence Section of the Metropolitan Police Department
to be appointed by the Chief of Police.
- The Sheriff of the Metropolitan Government or a designee of the Sheriff.
- The Director of the Metropolitan Government Department of Health or
a designee of the Director.
- A representative of a domestic violence abuse shelter in Davidson County
to be appointed by the Mayor of the Metropolitan Government of Nashville
and Davidson County.
- An individual currently employed as a victim advocate to be appointed
by the Mayor of the Metropolitan Government of Nashville and Davidson
County.
- The Chief Medical Examiner of the Metropolitan Government or a designee
of the Chief Medical Examiner.
- Two private citizens who have demonstrated an interest in reducing the
incidence of domestic abuse to be appointed by the Mayor of the Metropolitan
Government of Nashville and Davidson County.
- The chairperson of the Health, Hospitals And Social Services Committee
of the Metropolitan Council or a designee of the chairperson.
- Two representatives from non-profit groups such as the Nashville Coalition
of Domestic Violence or the Violence Prevention Coalition who are not
already serving as a designee of the Mayor or representing any of the
other agencies mentioned elsewhere in these Protocols to be appointed
by the Mayor of the Metropolitan Government of Nashville and Davidson
County.
- Special Resource Team.
In addition to the above voting members comprising the Team, in any particular
death review wherein one or more other persons may be able to provide additional
appropriate information, expertise or guidance, the Team may request any of
the following persons as ad hoc, nonvoting members:
- The chief law enforcement officer, or a designee of the chief law enforcement
officer, of any law enforcement agency, within or without Nashville and
Davidson County, that may have investigated, or assisted in the investigation
of, a domestic abuse related death.
- Any person with expertise in the field of criminology or mental health.
- A representative from the Metropolitan Fire Department with expertise
in arson investigation.
- A representative of the Tennessee Department of Human Services.
- Any other person or persons or representatives from other local agencies
who may provide insight or guidance to the First Response Team.
- A representative from the Tennessee Department of Children’s Services.
- Any member of the legal community with special expertise in victim’s
rights or domestic abuse.
- Responsibility and Authority of the Team. It shall be the
responsibility of the Team to identify, review, and analyze all cases in which
domestic abuse contributed to or caused deaths, whether suicide or homicide,
and to facilitate communication among the various agencies involved in domestic
abuse cases. Toward that end, the duties and functions of the team may include,
but are not limited to, the following:
- Identifying patterns and trends of domestic abuse in the community.
- Identifying areas needing improvement or determining and evaluating
the services provided to the victim or their family, if any.
- Making recommendations for systemic improvements to services or assistance
offered to domestic abuse victims.
- Establishing communication paths between any agency or entity providing
assistance to domestic abuse related victims and their families.
- Developing a protocol for the collection of data regarding domestic
abuse related deaths.
- Bringing witnesses or consultants before the Team when necessary and
appropriate for the purpose of analyzing a particular death or to gather
expertise concerning domestic abuse and to subpoena all records of any
nature maintained by any public or private entity that may pertain to
a death being reviewed by the Team.
- Studying programs and procedures of other jurisdictions for the purpose
of making recommendations for potential adoption by the Metropolitan Government.
- Publishing an annual written report of its activities, including any
recommendations that may improve the quality or effectiveness of any program,
service, or investigative technique designed to provide service and assistance
to domestic abuse victims.
- Making recommendations as to any new or improved legislation that would
provide additional protection to domestic abuse victims and their families.
- Coordinating with members of the Child Death Review Team.
- Protocol of the Team. The following procedures shall be
adopted by the Team:
- The commander of the Domestic Violence Division, in coordination with
the commander of the Personal Crimes Section, will, on a regular basis,
(and any member on the Team may) apprise the chairperson of all domestic
abuse related deaths.
- The chairperson will, on an as-needed basis, convene a meeting of the
Team. In no case, however, shall meetings of the Team be conducted on
less than a semi-annual basis.
- The commander of the Domestic Violence Division and the commander of
the Personal Crimes Section, subject to the parameters set forth below
in subsection (10) regarding scope of review of cases, will cause all
necessary reports or summaries thereof and/or investigative personnel
relating to a domestic abuse death to be available at a meeting of the
Team.
- The commander of the Personal Crimes Section will direct all investigative
personnel under his/her command to carefully analyze any suicide for a
determination as to whether that suicide is in any way related to domestic
abuse issues. Reports and investigative personnel relating to such a suicide
will be made available to the Team.
- The Team may refer the inquiry into the death of any minor child to
the Child Death Review Team of the Metropolitan Government of Nashville,
Davidson County, established pursuant to Tennessee Code Annotated §
68-142-101 et seq. and may cross-refer inquiries and share information
related to cases involving domestic abuse within the confidentiality guidelines
established under these Protocols.
- The Team and other participants shall be informed at each meeting of
their statutory responsibility regarding confidentiality pursuant to Tennessee
Code Annotated § 36-3-624.
- The Team shall exercise any subpoena authority only upon a vote of two
thirds (2/3) of the voting members present and only after approval of
the Team representative from the Office of the District Attorney General.
- All materials or records supplied by any investigative agency or other
entity to Team members shall be returned to that investigative agency
or entity prior to the adjourning of a meeting. However, upon majority
vote, and approval of the Team representative for the Office of the District
Attorney General, one or more Team members representing an investigative
component may be designated to retain such records or reports for the
purpose of further review in order to provide additional information or
insight to the Team members before or at the next Team meeting.
- It shall be the purpose and procedure of the Team to analyze each individual
domestic abuse death with a view toward developing measures that may prevent
similar circumstances from resulting in a future death. It shall not be
the purpose and procedure of the Team to attempt to identify liability
or blame in the death being reviewed.
- The Team shall take no action that may tend to interfere with the investigative
process or in the prosecution of a pending criminal case and will defer
to the District Attorney General for a determination of the scope of review.
- The Team, when deemed appropriate, is authorized to publish recommendations
that may improve the quality or effectiveness of any program, service
or investigative technique designed to provide service and assistance
to domestic abuse victims. Such recommendations may be in writing or presented
orally. The Team shall consider publishing on an annual basis a statistical
report of its activities.
- The Director of Law or a designee of the Director from the Department
of Law shall serve as legal advisor of the team.
- The first organizational meeting of the Metropolitan Government Domestic
Abuse Death Review Team shall take place as soon as possible following
the signing of this Executive Order with the chairperson to be selected
by the majority of the members then in attendance. Appointments of members
not designated by occupation or elected office shall be made by the Mayor
at his discretion. The term of office shall extend for two years, beginning
with the date of the signing of this Executive Order.
Ordered, Effective and issued:
Bill Purcell
Metropolitan Mayor
Date: August 30,
2002
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