MEMPHIS, Tenn. — The Memphis City Council has approved changes to the power of the Civilian Law Enforcement Review Board.
The council voted on Tuesday to allow CLERB to request members to subpoena witnesses on its behalf during investigations into police misconduct.
Those witnesses will have to appear before the City Council with CLERB members there to do the questioning.
There were legal questions about whether council members could force someone to appear at a CLERB meeting so Tuesday’s vote was a workaround.
Only Council Chairman Kemp Conrad voted against it.
Councilman and CLERB liaison Worth Morgan brought the changes to the council claiming the ordinance passed in February was a legal liability.
“If we are issuing a legal subpoena, and they’re getting challenged in court, we could go through a whole long process, a circus and a waste of resources,” he said.
CLERB Chairman Pastor Ralph White said he spent far too long fighting for subpoena power, but is afraid the council won’t participate.
“It’s ludicrous. It won’t work that way,” he said. “In the past, it’s been like pulling hen’s teeth to get a council person to come in and participate in a CLERB meeting.”
Morgan said there are checks and balances like if the liaison fails to go to the council after a certain amount of time, CLERB can eventually ask the state or DOJ to investigate.
To give CLERB full subpoena power, the council would have to change the charter.
They said to do that, they would have to draw up legislation and hold a referendum vote.
The deadline to do that is August 25.
