A top Republican in the Tennessee House of Representatives said Friday he plans to explore whether to pursue state action that could pre-empt a new police oversight board that Nashvillians overwhelmingly voted Tuesday to create.

Tennessee House Majority Leader Glen Casada, R-Franklin, said he first intends to look into legal and other concerns brought to him by opponents of Amendment 1, which voters added to Nashville's Metro Charter.

He said he'll then decide whether to introduce legislation on the matter when the 111th General Assembly convenes in January.

"We as conservatives and Republicans are concerned that maybe they wrote it poorly," Casada told The Tennessean, "and what I mean is that in such a way that it would hurt police protection."

"Specifically, what will the actions be next year? I don't know. That's why we're going to sit down next year and study it first."

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Lawmaker cites talks with Amendment 1 foes

Voters in Democrat-heavy Davidson County voted Tuesday 59 percent to 41 percent to ratify Amendment 1, which will create an 11-member panel with investigative and compulsory powers to review arrests and police actions.

The push was led by social justice activists, many who are African-American, in response to claims of racial bias in the police department. The Nashville Fraternal Order of Police funded an opposition campaign to try to defeat its passage.

Casada said he wants to look at constitutional questions he's heard about and whether the new board would "greatly hamper police protection of the citizens of Davidson County."

He declined to say who urged him to review Amendment 1, only that they were active in trying to defeat the measure. He said it was not the Nashville FOP.

Tennessee AG already weighed in on review panel's subpoena power

Tennessee Attorney General Herbert Slatery, at the request of state Rep. Brenda Gilmore, D-Nashville — elected senator on Tuesday — already issued an opinion on two constitutional questions about the board in March. He did not object to the legality.

He said whether a citizen review board has the power to issue a subpoena depends on the provisions of a local government's charter. Asked for his opinion on whether a panel can access records, recordings and other information related to pending cases, he said it depends on the scope of the subpoena and who is served.

But Casada said he's heard questions about "non-citizens" being able to serve on the board — an argument pushed by some conservatives before the vote.

Metro Law Director Jon Cooper, the top attorney in Mayor David Briley's administration, said it's his department's opinion that Amendment 1 does not violate the Tennessee Constitution.

The Metro Charter requires all members of Metro boards and commissions to be residents of Davidson County for at least one year prior to appointment. Before they are confirmed, individuals are asked whether they are Davidson County residents and registered to vote.

'A dangerous precedent,' Amendment 1 supporters say

Casada is one of three Republicans running for Tennessee House speaker to replace Beth Harwell.

He first discussed plans to look at Amendment 1 while speaking with conservative radio talk show host Steve Gill on 1510 WLAC.

Casada's eye on Amendment 1 comes after the state legislature has overturned a slew of policy actions by Nashville in recent years on issues such as marijuana decriminalization, short-term rentals, affordable housing, charter schools, nondiscrimination employment protections for gay people and a local-hire policy for Metro government. Casada led some of those efforts.

The local-hire rule was overturned by the state even though, like Amendment 1, it was approved by voters via amendment at the polls.

"If the state overturned Amendment 1, they would have to circumvent judicial precedent affirmed in a series of court cases by the Tennessee Supreme Court," Gicola Lane, campaign manager for Community Oversight Now, said in a statement. "They would also have to extend this pre-emption to all oversight and ethics boards across all counties.

"It would set a dangerous precedent that would cause a legal battle lasting years."

Mayor has committed to implement oversight board

Under Amendment 1, seven members would be appointed by community organizations, two by Metro Council members and two by the mayor — but a majority of the council would have to approve each nomination. Four members must be from "economically distressed" communities.

Casada said he plans to have the state House Judiciary Committee and state attorney general's office vet the charter amendment.

Memphis and Knoxville already have a community oversight board for police.

But rather than prohibiting the existence of such boards, Casada said he envisions "model" legislation if legal issues are identified. The legislation would outline parameters on how they could operate in Tennessee. This would effectively pre-empt the version approved by Nashville voters.

"The state would draft legislation for the cities and the counties to model their boards after," Casada said. "That's how I see the legislation working."

Briley, who stayed out of the referendum campaign, raised concerns about the amendment's language, including allowing the council to have final say on who would sit on the panel and "budgeting by amendment."

The oversight board is estimated to cost Metro around $1.5 million annually for staffing, office space and other considerations. The panel must start work no later than March 29.

Nonetheless, Briley has said he supports the concept of community oversight and has vowed to implement Amendment 1.

Asked whether he plans to fight any state effort to overturn the amendment, Briley spokesman Thomas Mulgrew said the mayor has "made it well known that he believes civilian oversight is a critical piece of 21st-century policing and that he is committed to implementing it in Nashville."

As Casada discusses looking at Amendment 1, state Sen. Jack Johnson, R-Franklin — the Senate sponsor of the bill that overturned Nashville's local-hire and marijuana policies — said he's not contemplating any legislation at this point.

"It doesn't mean that I won't or that we shouldn't," he said. "It's just that I have not done that."

But he made clear where he stands on the oversight board.

"I think it's a horrible idea," Johnson said.

Reach Joey Garrison at jgarrison@tennsesean.com or 615-259-8236 and on Twitter @joeygarrison.

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