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TN Politics: Recent court decisions aren't quite the final word on cops, guns and political careers

WKNO TRANSCRIPT

CHRISTOPHER BLANK (Host): Tennessee courts have been weighing in on various governmental and criminal matters, some of which may have an impact on local politics. With us again is political analyst Otis Sanford. Welcome back.

OTIS SANFORD: Thank you, Chris. Thank you for having me back.

BLANK: Otis, I want to start with an ongoing legal dispute in the background of city government. After Tyre Nichols' death and all the controversy surrounding heavy-handed special police units, MPD wanted to add more supervisor positions with the rank of second lieutenant. So, help me understand why the Memphis Police Association took the city to court over this.

SANFORD: Well, the number one reason is they did not negotiate this with the police association. They have a standing -- binding really -- agreement that deals with positions. And so, while there was a noble effort here by the city to create more supervisors, which the Justice Department said in that stinging report many years ago that the police department lacks supervision, that's the reason why the city went for this. But they did not negotiate it with the MPA, the police association.

BLANK: So the city says it needs these supervisors to stave off problems with the Department of Justice. The police association says it dilutes union bargaining power. Where are the courts on this?

SANFORD: Well, right now the courts are... it's hard to say. This is very complicated.

BLANK: It really is.

SANFORD: But because they arbitrarily took people and put them in second lieutenant positions without bargaining with the police association, they basically gave them a promotion. And since the circuit court ruled that you couldn't do this without bargaining, that meant that the Supreme Court decided that temporarily they needed to be demoted again back down to their other rank because you did not bargain in good faith. And so now it's still kind of tied up in the courts. It is a very complicated situation. It could have been avoided if the city and the police association had worked together on this on the front end.

BLANK: Does any of this have any effect on us, the citizens? I mean, does this outcome affect crime prevention, or anything like that?

SANFORD: Well, it has an effect on us because if police morale is terrible: Yeah, that impacts us. What we want here is a police department and a city that seems to be in lockstep to keep the public safe. And if they're fighting with each other, then that's not good for the citizens when we're talking about public safety.

BLANK: A kind of crime-adjacent court decision was made recently when a panel of judges ruled against the Tennessee law that required gun permits when carrying in parks and civic arenas and playgrounds. The ruling could also make it legal for people to carry rifles and shotguns openly in the streets of Memphis. You know, we we've had problems with this. Lawmakers are still trying to figure out the implications. Where is this court decision in relation to where Tennessee lawmakers usually stand on guns in public?

SANFORD: The court, in this case, is much more draconian than even our legislature. Because at least the legislature saw that we don't want just anybody carrying guns in the park and carrying guns in precarious places, certainly without a permit. Even for our legislature, that was a good decision. But now the Supreme Court, based on my reading, has struck that down. And they did it in kind of a goofy way. Now you have the governor, Bill Lee, you have the legislature, I'm sure, trying to figure out what it all means. This is just upsetting to me that we're not in coordination about where and when we can carry guns in this state and the Supreme Court has just made it even murkier with this decision.

BLANK: Well, finally Otis, former State Sen. Brian Kelsey got some good news this week. As you'll remember, years ago he pleaded guilty to federal fraud charges, then changed that plea saying he had bad legal advice. He was eventually convicted, went to prison for two weeks, and then was pardoned by President Donald Trump. Now, the State Supreme Court has reinstated Kelsey's law license. Okay, could we see Brian Kelsey make a political comeback?

SANFORD: I certainly hope not, and I mean that with all sincerity. This man is a laughingstock for Tennessee politics and that's saying a lot. And even though this president gave him his freedom after two weeks and now the state Supreme Court has said you can practice law, anybody who hires him as their lawyer deserves what they get. And so I just don't see this as his card to get back into the state government. Maybe he could run for some local position somewhere in some community. But if they do, then they deserve what they get.

Reporting from the gates of Graceland to the balcony of the Lorraine Motel, Christopher has covered Memphis news, arts, culture and politics for more than 20 years in print and on the radio. He is currently WKNO's News Director and Senior Producer at the University of Memphis' Institute for Public Service Reporting. Join his conversations about the Memphis arts scene on the WKNO Culture Desk Facebook page.