Rep. Hakeem effort to require diversity training for Tennessee law enforcement stalls

Staff Photo by Robin Rudd / Tennessee state Rep. Yusuf Hakeem speaks Jan. 26 as Pastor Kevin Muhammad and other community leaders gather at the Community Haven on North Hickory Street for the relaunch of the Community Patrol.
Staff Photo by Robin Rudd / Tennessee state Rep. Yusuf Hakeem speaks Jan. 26 as Pastor Kevin Muhammad and other community leaders gather at the Community Haven on North Hickory Street for the relaunch of the Community Patrol.

NASHVILLE — State Rep. Yusuf Hakeem, D-Chattanooga, is sponsoring legislation to require state officials to develop and implement a continuing education program for Tennessee law enforcement officers on diversity, race relations and cultural awareness.

His proposal was sidelined in a House subcommittee Tuesday for two weeks amid questions about what the bill seeks to do, its cost and confusion over whether the state already requires the training.

The measure, House Bill 1100, is a follow-up to a similar, unsuccessful 2019 effort mounted by Hakeem following the beating of a Black rapper in 2019 by Hamilton County sheriff's deputies, which was caught on video. Hakeem's 2019 bill was later rebuffed by a House panel with a Tennessee Chiefs of Police official saying the training was already covered.

This year's bill comes following the violent arrest and death of Tyre Nichols, a Black Memphis resident, in January. Five former Memphis police officers, all of whom are Black, have pleaded not guilty to second-degree murder and other charges. All were fired after an internal police investigation. Nichols, whose arrest was caught on video and made national news, died in a hospital three days after the encounter with police.

"What we're saying is what we think matters, and what we're attempting to do is to have interaction between police and the persons they serve in the community, creating a better interaction so that some of the horrendous things that we've seen like that in Memphis would not occur any time during our time in the legislature," Hakeem, who is Black and a former Tennessee Board of Probation and Parole member, told House Public Service Subcommittee members.

Hakeem noted to committee members that he has three members in his family who are retired police officers as well as a nephew who remains in law enforcement.

"In addition to that, no one can truthfully say to you I have ever said 'defund the police.' I just want to be clear," the lawmaker emphasized to mostly white colleagues sitting on the subcommittee.

"I don't see a dollar sign here on anything here in front of anything when it comes to the terms of a fiscal note," said Rep. Kelly Keisling, R-Byrdstown, who is white. "Why don't we have a number?"

Hakeem said all he could say is that the costs were not considered significant by the legislature's Fiscal Review Committee, which provides costs estimates on legislation.

"If there's any training at all, I can't believe there wouldn't be costs incurred," Keisling replied.

Fiscal Review staff members said in their analysis that present law "generally requires" that law enforcement officers hired on or after July 1, 2023, must enroll in a Peace Officer Standards and Training Commission-approved recruit training program within six months of their date of employment and successfully complete the program. Present law also requires that law enforcement officers complete annual in-service training in order to maintain POST certification.

Failure to successfully complete the in-service training requirement results in loss of eligibility for a $600 pay supplement. Failure to successfully complete another in-service training session within one year results in loss of POST certification.

Analysts said as originally introduced, Hakeem's bill adds a requirement that the POST Commission must develop a continuing education training curriculum concerning diversity, race relations and cultural awareness and provide the curriculum to all law enforcement agencies throughout the state. The commission also must issue a certificate of compliance to any law enforcement officer who satisfactorily completes the training program.

The amended bill still includes that. It also states new officers enroll in an approved training program within six months of being hired and successfully complete it. The training is also to be included in annual in-service training sessions, and officers must successfully complete it.

Hakeem said he was getting conflicting signals from the state Department of Commerce and Insurance to which the POST Commission is administratively attached.

"It all ... depends on who all you talk to," Hakeem told colleagues. "Fiscal Review says it's already done. POST says it doesn't. I was hoping we could get it through subcommittee and get it all worked out."

Rep. Curtis Johnson, R-Clarksville, suggested colleagues delay final consideration of the bill for two weeks.

"I think we need to have someone from POST here and maybe someone from Fiscal Review," Johnson said.

Keisling seconded the motion.

"The POST Commission does have the ability to do this training but doesn't do it at this time," Rep. Vincent Dixie, a Black Democrat from Nashville and former House Democratic Caucus chairman, said. "I think there's a conflicting story that's developed."

Hakeem told subcommittee members he had become aware that the University of Tennessee had developed a program on police training, adding the state could adopt that in its training.

Subcommittee members approved an amendment offered by Hakeem which appears to have mostly deleted the bill's original "whereas" clause in which the reason the bill is being brought is explained.

The original introductory clause read, "WHEREAS, a rise in inquiries on the use of force against minority individuals has affected the capability of law enforcement officers to ensure the safety of communities; and WHEREAS, exposing law enforcement officers to diverse communities can help them to better learn the way minority individuals communicate and interact; and WHEREAS, through positive interactions with minority individuals, law enforcement officers may view certain actions as less of a threat when encountered in the line of duty" before getting into the bill provisions.

The bill was then postponed to give Hakeem and other lawmakers time to get additional information.

"Personally I believe we need to get this worked out before we move it out," Keisling said.

Contact Andy Sher at asher@timesfreepress.com.

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