Pursuant to the Metro Charter, Metro Nashville Community Oversight, as the staff of the Community Oversight Board, conducts investigations into allegations of misconduct by Metro Nashville Police Department officers and employees. Following the investigation, the Community Oversight Executive Director creates a Proposed Resolution Report which
- details the facts found during the investigation,
- makes a recommendation regarding the proper disposition of each misconduct allegation, and
- recommends appropriate action by Police Department.
The Executive Director’s conclusions must be based on a preponderance of the evidence standard. This means that, based on the evidence uncovered in the investigation, it is more likely than not that the alleged misconduct occurred. The Community Oversight Board receives the Proposed Resolution Report which is made public at least ten (10) calendar days prior to the Executive Director’s presentation to the Community Oversight Board. The Complainant and the Police Department officer/employee will be given notice of the posting and provided the date the Proposed Resolution Report will be considered by the Board.
The Complainant or the accused Police Department officer/employee may request to speak at the scheduled meeting. The request should be sent to the Community Oversight Executive Director and the Board Chair will determine if the request will be approved. A response from the Chair will be sent to the requestor at least two (2) calendar days before the Board meeting. If the request is granted, comments by the requestor will be limited to no longer than ten (10) minutes each.
Following the presentation, the Community Oversight Board will review and discuss the information contained within the Proposed Resolution Report. Under its own rules, the Board is not permitted to conduct its own investigations and must rely on the information contained within the Report. At the conclusion of their discussion, the Board may vote to
- accept the Report as submitted; accept, but modify the Proposed Resolution Report based on information in the report;
- reject the Proposed Resolution Report based on information in the report and, based on information contained therein, reach a different conclusion and instruct the Executive Director to revise accordingly; or
- return the Proposed Resolution Report to the Community Oversight staff for further investigation or analysis.
An accepted Report is forwarded to the Chief of Police who is required by the Metro Charter to provide a written response to the Community Oversight Board.
Within ten (10) calendar days of the Board’s announced decision of the Report, the Complainant or the accused may petition the Board in writing, with grounds clearly stated, for a reconsideration. The request for reconsideration may be granted if it is shown that there is newly discovered evidence that is material to the investigation. It should be clearly stated why the newly discovered evidence could not have been, with reasonable diligence, discovered and provided to the Board during the investigation, or that there was substantial procedural error likely to have affected the outcome.