MEMPHIS, Tenn. — The Memphis Police Association has filed a counterclaim against the City of Memphis after city officials filed a motion to vacate the ruling of arbitration after the decision leaned in the union's favor.
The arbitration ruling from March 9, 2024 found that Memphis Police Department officials violated the memorandum of understanding agreement with the MPA after creating a new field supervision rank, second lieutenant.
The rank circumvents prior eligibility requirements to become a lieutenant and allow officers a quicker pathway into management.
The rank would allow eligibility to those with five years of service, no time as a sergeant and exclude officers who had received certain discipline within the two years prior to the eligibility cutoff.
Those changes were never negotiated with the MPA, according to the arbitration judgement.
When siding with the union, the arbitration ruling was for the department to return to status quo and create a promotional committee to determine the path moving forward.
The city had filed a motion to vacate the ruling March 25, 2024, saying that the arbitrator overstepped his authority.
"Concerned about the rising crime rate in the city, Petitioner sought to improve the effectiveness of its Police Department by increasing supervision in the field," the motion to vacate the arbitration ruling reads. "The petitioner's creation of the second lieutenant position fall squarely within its rights contained in the MOU between petitioner and respondent."
The counterclaim filed, April 26, 2024 disagrees that the arbitrator overstepped his authority, calling it a reasonable interpretation of the memorandum of understanding between MPD and its' union.
"Since issuance of the decision and award of Arbitrator McConnel, the City of Memphis/MPD has failed and refused to comply with the award, creating havoc amongst the ranks of the MPD," the counterclaim reads.
The counterclaim asks for the court to deny the petition to vacate the arbitration award, issue a judgement confirming the arbitration with all enforceable rights.
Mayor Paul Young met with hundreds of police officers in January after taking office and said that he would abide by the ruling of the arbitration, according to a recording obtained and reported on by The Daily Memphian. ABC24 obtained a copy of that recording Tuesday.
Young notes during the meeting that the field supervision rank is a benefit when it comes to the looming Department of Justice pattern or practice investigation.
"We don't have to be under consent decree," Young said on the recording of the January meeting. "They are going through the process to do their investigation and there are things that we can be doing, like having another layer of supervision like a second lieutenant. Another layer of supervision is a part of the process to prevent us from being under a consent decree."
Young later said after the Black Mayor's Coalition held in Memphis, that they were willing to meet and work with the union, after the city had filed its motion to vacate the ruling.