Effort to set up a civilian board for police oversight in Lexington faces roadblocks
A state senator is pushing legislation that would let Lexington set up an independent board of civilians to investigate and review questionable actions taken by Lexington police.
The measure filed by Sen. Reginald Thomas, D-Lexington, would give the police oversight board power to obtain a subpoena issued by a circuit court judge to compel the testimony of witnesses or the production of documents, books, papers, or other records.
“This will be an uphill battle to get through the legislature this year but I am putting it out there,” said Thomas in an interview Tuesday. “Frankly, there is a lot of push back in the Republican Senate.”
Republicans outnumber Democrats 30-8 in the Senate and 75-25 in the House.
The lawmaker noted that Senate Bill 247, sponsored by Senate Minority Leader Morgan McGarvey, D-Louisville, would also give direct subpoena power to Louisville’s new civilian police review board.
“I have filed an amendment to that bill to include Lexington and make sure Lexington’s board would have strong subpoena power, something with real teeth in it,” he said, adding that McGarvey supports the amendment.
He said several people asked him to file the amendment
Thomas noted that Lexington Mayor Linda Gorton’s Commission for Racial Justice and Equality last October recommended adding civilians to an officer disciplinary review committee., which currently consists of command staff and no civilians.
But to do so, changes would have to be made to the collective bargaining agreement with the Fraternal Order of Police. Negotiations between the city and the FOP are ongoing.
Gorton created the racial justice commission in response to weeks of marches and protests in downtown Lexington in the wake of police-involved killings in 2020 of George Floyd in Minneapolis and Breonna Taylor in Louisville.
Kentucky — KRS 15.520 — sets guidelines for hearing complaints of misconduct against an officer. It says hearings are to be conducted by the officer’s appointing authority but does not mention civilians.
Mayor Gorton is cautious about Thomas’ amendment.
“We need time to read and study the bill, and his amendment,” she said. “I understand this bill gives council members authority to create it, and I need to hear from them.”
Lexington-Fayette Urban County Councilman James Brown said he is not aware of a council member pushing for the amendment but he supports more citizen oversight of police disciplinary procedures.
Brown said he has not read the amendment “but on the face of it, I would support it.”
Brown has pushed for policing reforms as a member of the council, including providing body-worn cameras to all police officers.
Lexington activist Sarah Williams, who has pushed for police reforms and led many racial justice protests, asked Thomas to amend SB 247 to include Lexington.
Williams and others have repeatedly asked for more civilian oversight and input into police discipline. They have been repeatedly told that to do so, there must be a change in state law.
“It’s been a six-year push,” Williams said. “Nobody’s been willing, until now, to do anything about it on the state level.”
The Kentucky Fraternal Order of Police says it is neutral about the Senate bill but generally prefers House Bill 309, which would require a civilian police board in Louisville to get permission from an existing Louisville Metro Council committee before seeking a court subpoena.
Thomas’ amendment to SB 247 says the civilian board would be subject to the state’s open records and meetings laws.
The Senate bill is awaiting consideration by the full Senate. House Bill 309 got through the House March 3 on a 70-23 vote. It is in the Senate State and Local Government Committee.
This story was originally published March 9, 2021 at 2:34 PM.