LOUISVILLE, Ky. — The city of Louisville is firmly in the third phase of its path toward reform: Negotiations with the U.S. Department of Justice (DOJ) to reach a finalized version of a federal consent decree, the agreement that'll require Metro Police (LMPD) fulfil a list of reforms.
It comes nearly one year after DOJ officials released their report finding systemic problems within LMPD -- a pattern and practice of violating people's constitutional rights, disproportionately those of Black citizens.
On that day, March 8, 2023, city leaders and the DOJ agreed to make reforms.
A consent decree is a settlement with the federal government, a document listing changes Louisville will be required to spend millions of its own dollars annually to fund. The goal is to make LMPD more equitable.
These negotiations on the terms of that deal are vital, as they dictate how long Louisville will be monitored to ensure they're making progress.
LMPD Deputy Chief Paul Humphrey told WHAS11 that police can't afford an agreement that prevents officers from doing their jobs.
"The dirty little secret about consent decrees is they don't do anything. The Department of Justice will not come in here and do a single thing in the city of Louisville. [It's] the people who work here for Louisville Metro Government and the Louisville Metro Police Department [who] are the ones who are going to do the work," Humphrey said in a sit-down interview. "We have a lot of work to do to make sure that that document is written in a way where we can do our jobs properly, and reinforces us doing our jobs properly."
We talked to city and community leaders to get a sense of the temperature in the room as Louisville takes this next step.
The reforms mandated by the consent decree could be changes in policy or added steps beat officers and supervisors need to take on a day-to-day basis for transparency.
An independent monitor will measure progress, and ultimately a judge will decide whether the city is meeting a constitutional standard they can sustain on their own.
But as we've learned, from our reporting in New Orleans in summer 2023, the process doesn't get any easier from here.
We reported on a city under a consent decree for more than 10 years. New Orleans leaders describe the agreement as a double-edged sword -- on one hand resulting in a more honorable police department and changed culture, but also an agency gutted by an officer shortage and persistently high levels of violence.
“We cannot afford an agreement that inhibits officers’ ability on the street to protect people," Humphrey said. “If there’s anything in there that we need to make sure that we alter to ensure we can do that, that’s the point of the negotiations that we’re trying to achieve.”
The city finally received the consent decree draft on Feb. 20, kickstarting in-person negotiations with DOJ officials.
Mayor Craig Greenberg, along with LMPD Chief Jackie Gwinn-Villaroel and Jefferson County Attorney Mike O'Connell, had a voice in that room.
“There’s a regular schedule of meetings. We would like to get this done as quickly as possible," Greenberg told WHAS11 in a sit-down interview.
He continued, "In [a] perfect world, the consent decree is clear with what its goals are. There’s a clear exit strategy. Everyone understands what the implementation is going to cost."
Councilwoman Tammy Hawkins released a statement Friday afternoon saying:
“As the Chair of Metro Council’s Public Safety Committee, I have been in contact with the Greenberg Administration and the U.S. Department of Justice about the consent decree negotiation process. As of now I respect and understand that the DOJ is requiring that negotiations with the Administration remain confidential. However, I appreciate that one of the Mayor’s first requests to DOJ was for more community input and as of yesterday, the DOJ has agreed to host community meetings later in the spring. I am asking that the Louisville community trust me as the Chair of Public Safety and to give me the opportunity to hold the necessary people accountable to bring true change. I also ask that you please contact my office at 502-574-1101, should you have any questions or concerns in reference to anything you need assistance within addition to the consent decree. I can assure you my office will work diligently to get any and all available answers available to provide. I am committed to serving the people of not only District 1 but also Louisville and take Public Safety with the upmost seriousness."
The DOJ has ordered the city keep the consent decree draft confidential until finalized, which has raised concerns among community leaders like Bishop Dennis Lyons -- who were already denied a spot in these discussions.
"Where is the injured party? Where are we at that table?” Lyons told WHAS11.
Following the protests of 2020, Lyons spearheaded efforts to bring city leaders -- including police -- and the community together to talk in one-hour breakfasts on Fridays at Gospel Missionary Church in Louisville's west end.
Called 'The Bishop's Table,' it provides an open mic for people to voice their concerns while also getting the perspective of those in power. The key: the format is fairly casual, keeping citizens comfortable enough to be honest, knowing they won't be judged or ridiculed.
"[It's] the room where the family meets," Lyons said. "There’s no hidden agenda here at the Bishop’s Table."
Lyons said many in the community are fearful that their best interests won’t be reflected in the negotiation room.
At one point in the summer of 2022, Lyons even hosted attorneys with the U.S. Department of Justice themselves to share their goals in-person.
“Right now, that is our ray of hope in the midst of this darkness," Lyons said, referring to the consent decree.
When asked how he feels about the path forward, Lyons responded "[I'm] nervous. Because we have the same people at the table who we don't trust to make plans on how to heal us after we have been injured by them."
We asked Greenberg what being transparent -- a promise of his administration throughout this process -- looks like in the months to come if the city can't give much of any details on the negotiations themselves.
"Well we’ll see what the Department of Justice allows us to talk about – whether it’s managing expectations on timing, or whether we are allowed to talk about certain things," he answered. "We’ll see what they permit us to do. Even if folks are not in the room where negotiations are happening, we continue to listen to what the community is saying about their expectations.”
The mayor said they're asking DOJ officials if there's any federal funding available to help foot the bill, which has been estimated at costing anywhere from $8-10 million annually from the city's budget.
As to whether the feds even consider this is unclear, but Greenberg said he's hopeful.
Greenberg also touted "proactive" reforms he and LMPD launched in the last year, including some listed as recommendations in the DOJ's report. They include:
- expanding the 911 call diversion program
- opening up a brand new wellness center for police
- improving cooperation with Louisville's inspector general to allow him quicker, easier access to documents.
Department of Justice gives Louisville police recommended remedial measures following investigations
The inspector general has become one of the city's primary accountability arms, along with the Civilian Review Board.
Greenberg mentioned "weeks and months" of work ahead, but when asked how long it could take to finalize the consent decree, the Mayor's office said it's too soon to say for certain.
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