Louisville consent decree: Police union opposes agreement

The union representing Louisville Metro Police officers filed a motion in federal court opposing the consent decree recently signed between city officials and the U.S. Department of Justice regarding police reform.

The River City Fraternal Order of Police Lodge 614 filed a motion Friday to intervene in the consent decree case between the Department of Justice and Louisville Metro, arguing the 242-page agreement It alters the working conditions of leaders and has the potential to erode the union’s collective bargaining capacity.

While consent decrees are agreements for disputes, they must be approved by a federal court; Louisville Consent Decree still needs approval from U.S. District Court Judge Benjamin Beaton before it can come into force.

If the police union’s motion is successful, it will become a party in that case with the ability to file objections to the settlement.

“Basically, they want a seat at the court’s approval table,” said Michael Abate, a Louisville First Amendment attorney who represents The Courier Journal and other media outlets in open records cases.

“The consent decree conflicts with the collective bargaining agreement between River City FOP and Louisville Metro Government,” the union said. in a statement posted Monday afternoon on Facebook. “This decree contradicts the language of the (collective contract) and changes the working conditions of our members. The law requires that such changes be negotiated.”

In the motion filed Friday in federal court, the union said sections of the consent decree would “encroach” on a number of “areas that fall within the scope of Lodge 614’s collective bargaining authority,” including:

Misconduct and Discipline Investigations
Training
Health and support of officers.
Management

LMPD consent decree was announced on December 12 after months of negotiations between the Justice Department and city officials. Under the agreement, which Louisville Mayor Craig Greenberg called “historic,” LMPD will undertake a series of reforms, including reworking its use-of-force policies, ensuring stop and searches are constitutional and improving how officers respond to protests like those the city saw after the police killing of Breonna Taylor in 2020.

These negotiations followed the March 2023 release of scathing 90-page Justice Department investigation which found that LMPD engaged in a number of unconstitutional practices, including racial discrimination against black people and violating the rights of people protesting police actions.

If the consent decree is approved by a federal court, an independent monitor will oversee Louisville’s compliance.

The police union’s motion to intervene follows a Dec. 20 memo from the Washington-based conservative party. Heritage Foundation Think Tank opposing the consent decree and encouraging the court to approve a motion to allow the group to file briefs in the case as amicus curiae.

An amicus curiae, or “friend of the court,” has the ability to file a brief to try to persuade a certain court action, but is not a party to the case.

In that memo, the Heritage Foundation said the deal sought to “replace elected and appointed municipal leadership” with federal oversight and charged that the deal was rushed in the final days of the Biden administration in anticipation of the arrival of President-elect Donald Trump. well-established opposition to consent decrees.

“The Proposed Consent Decree would restrict the application of valid laws and prohibit any lawful conduct without any explanation of why broad prophylaxis is required,” read part of the Heritage Foundation memo. “After all, that is part of the goal of the Proposed Consent Decree: to bind the Trump 47 Administration and future elected Louisville administrations who may well vehemently and categorically disagree with the Proposed Consent Decree.”

In an opinion and order filed Saturday, Beaton partially granted the Heritage Foundation’s motion, allowing them to file an amicus curiae brief in the case.

In that opinion and order, Beaton also gave the Department of Justice and Louisville Metro Government until Jan. 6 to file a response to the police union’s motion.

When contacted for comment, LMPD referred inquiries to the mayor’s office and the Jefferson County Prosecutor’s Office.

In a statement, mayor’s office spokesman Kevin Trager said, “We are reviewing the motion to intervene and will file our response with the court by the Monday deadline.”

Contact journalist Josh Wood at [email protected] or on X, formerly known as Twitter, on @JWoodJourno.