Over 70 officers ask to join legal battle over new rank within Memphis Police Department

More than 70 Memphis police officers have asked a Shelby County Circuit Court judge to join the legal battle between the Memphis Police Association and City of Memphis over a new rank created by the Memphis Police Department.

The motion to intervene comes days after the MPA, the union representing most officers within the MPD, filed a countersuit to the City of Memphis' petition to vacate an arbitrator's ruling.

That arbitrator ruled in favor of the MPA, saying the city had violated a memorandum of understanding between it and the union.

"The non-party police officers are eligible for a promotion to the rank of lieutenant under the agreement, Memphis city charter and code of ordinances," the motion read. "The issues which permeate these proceedings concern questions of law and fact common with the rights of the non-party police officers. Moreover, the non-party police officers are acutely impacted by the manner in which promotional opportunities are conducted by the City of Memphis and whether, as the city alleges in the petition to vacate, it has the 'absolute right' under the agreement to unilaterally create new positions that deprive Memphis law enforcement officers of promotional opportunities mandated by the agreement, Memphis city charter and the code of ordinances."

What led to the original dispute?

According to the MPA, 125 officers were promoted to the new position — called second lieutenant. The arbitrator's ruling required each of those officers to be returned to their previous rank.

The rank was established in the wake of Tyre Nichols' death, and the need for more supervision, but the MPA has argued that the rank has created "chaos and confusion" within the department.

When a sergeant is eligible for a promotion, they have generally taken an exam to become a lieutenant. This position required seven years of experience with MPD, two of which had to be spent in an investigative position.

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The second lieutenant position required five years of experience with MPD, none of which needed to be spent in an investigative role.

In the new structure, the traditional lieutenant position was renamed first lieutenant and is a rank above second lieutenant. Both would be supervisors, but the MPA said during an April 9 press conference that disagreements came when MPD said the new rank would not be included in the bargaining unit.

Currently, everyone below the rank of lieutenant is part of the MPA's bargaining unit.

"We were fine if they were supervisors, but there was a 1984 executive order from the city that prevented it," MPA President Matt Cunningham said during that press conference. "It said supervisors could not be part of a bargaining unit with the association. Mayor Young has indicated that he's open to addressing that, and maybe amending that or creating an exception for police. So there's one way forward there."

Lucas Finton is a criminal justice reporter with The Commercial Appeal. He can be reached at [email protected], or (901)208-3922, and followed on X, formerly known as Twitter, @LucasFinton.

This article originally appeared on Memphis Commercial Appeal: Over 70 MPD officers ask to join legal fight with city over new rank