LOUISVILLE, Ky. — A huge part of the Department of Justice investigation—and what comes next—is the consent decree, which Metro Government and the Louisville Metro Police Department (LMPD), have agreed to negotiate.
That's an agreement between the Department of Justice and LMPD which would involve federal oversight of the department and reforms.
The consent decree is a broad, extensive blueprint for positive change, and it encompasses sweeping, department-wide reforms that may require years to accomplish fully.
After negotiations, a federal judge has to approve the agreement and then a federal monitor is assigned to oversee the reform process.
Consent decrees have been used in cities like New Orleans, Louisiana; Baltimore, Maryland; and Ferguson, Missouri.
The office of Jefferson County Attorney Mike O'Connell will represent Louisville Metro Government as they negotiate this consent decree.
In a release from earlier today, O'Connell acknowledged these types of negotiations often take longer than six months.
The following is the rest of O’Connell’s release:
"I have said before and believe this to be even more true today: Building a more just Louisville is the medicine our community needs to heal. As the Mayor and the Chief shared, there have been significant systemic changes made to improve public safety in recent months and years, and we recognize there is still much work to be done.”
The findings report from the Department of Justice is an extensive document raising significant topics of community concern. With a report like this, of course, many in our community ask what comes next? The release of the DOT's findings report is not the end of the process, but instead an early step.
In most cities that receive a DOJ findings report like this, the Department of Justice and the city negotiate a settlement agreement, often called a consent decree, that sets out changes for the city and the police department. Louisville Metro Government has made an agreement in principle with DOJ to negotiate in good faith toward an appropriate settlement agreement to improve policing in Louisville.
Any negotiated agreement reached would be entered as a consent decree with the federal court here in Louisville. We look forward to working with the DOJ to negotiate an appropriate consent decree to improve policing in Louisville. We recognize that consent decree negotiations have often taken longer than 6 months in other jurisdictions, and we look forward to negotiating collaboratively with DOJ toward timely initiatives to help the Louisville community.
My office will represent Louisville Metro Government as we work to resolve this matter in the best interests of the Louisville community. We will work with Mayor Greenberg, Chief Gwinn-Villaroel, LMPD, and the Department of Justice to coordinate the next steps in this process."
In the last few years, Louisville has tried to get ahead of these findings by implementing numerous reforms. This could potentially shorten the length of a consent decree.
When WHAS11 asked a legal expert to weigh in, they said no matter the circumstances, we're looking at a years-long process.
"That could vary, but we're talking about a multiple of years,” practicing attorney Kent Wicker said. “I would expect to see a length of [at least] five years to ensure changes are permanent and lasting."
Louisville Metro Council President, Markus Winkler, said that is "sobering" to hear.
When asked if Louisville could see Metro Council take any legislative actions, Winkler said it's too early to tell.
"I don't want to pre-judge how fast you would see something. The legislative process isn't built for speed," Winkler said. "I think the key is look at the report, identifying what next steps are that we need to address legislatively."
Winkler also said Metro Council fully backs funding any future efforts, calling it "critically important" they do so.
Wicker, who has some ongoing litigation representing Metro Government, said while Metro Council can take action, he'd expect any sweeping reform to come from the state legislature.
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