Nashville council renews police keeping proceeds from seized assets

Joey Garrison | The Tennessean

Nashville on Tuesday renewed its participation in a controversial 1980s-era federal program that's allowed the police department to keep proceeds from seized assets taken from people suspected of crimes involving drugs.

After spirited debate, the Metro Council voted 25-5 with two abstentions to renew Metro's participation in the "equitable sharing program" with the U.S. Department of Justice and federal Drug Enforcement Administration.

The council's action comes one year after the council narrowly voted 16-15 to renew the agreement with federal agencies. But this year, the council heard police make a more forceful case for its continuation, making the final vote not as close in the end.

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The civil asset forfeiture program has gained increasing scrutiny from criminal justice advocates who argue keeping proceeds opens the door to abuse from law enforcement, while harming low-income communities. But supporters say the policy isn't meant to take assets from innocent people but rather "assets deemed as tools or proceeds of crime."

The police department estimated it would have received approximately $150,000 from the program over the next year.

Councilman Freddie O'Connell, who represents parts of downtown and North Nashville, led the opposition to the agreement, pointing to the high incarceration rate of the 37208 zip code, a portion of which he represents.

"It's time for us to rethink our approach to criminal justice," O'Connell said. "We can simultaneously drive down incarceration rates and crime rates."

O'Connell said he has no evidence of impropriety among local police in regards to keeping proceeds from collected assets, adding that his vote was an objection to the federal policy.

But Councilman Doug Pardue, a former Nashville police officer, characterized a vote against the agreement as a vote "against the police department" and its officers.

"It's obvious the damn council isn't going to help them. They beg for equipment and that's what this money is used for."

Councilwoman Jacobia Dowell, who also voted for renewing the agreement, said not renewing the program would leave a hole in the city's budget.

"I have zero confidence in this council body to find $150,000," Dowell said, noting the city's budget struggles this past year. She said it would end up coming from Nashville's "most distressed and the impoverished communities."

O'Connell was joined by council members Ed Kindall, Colby Sledge, Sharon Hurt and Bob Mendes in opposing the resolution.

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The agreement — authorized in the 1984 Comprehensive Crime Control Act passed during the nation's War on Drugs — allows the Metro Nashville Police Department to petition the DEA for a portion of seized or forfeited assets deemed as tools or proceeds of crime. Proceeds are split evenly among participants of the the DEA Nashville District Office Talk Force.

Critics — who span both the political left and right — have slammed the program as a "policing for profit" strategy. Opponents range from the ACLU and the Beacon Center of Tennessee.

The group Black Lives Matter, another opponent of the policy, urged the council to oppose the agreement's renewal, calling it a "harmful federal drug policy that disproportionately impacts poor communities and people of color."

Mayor David Briley supported continuing the agreement with federal agencies.

"We support our police officers having the resources they need to keep large amounts of drugs off Nashville streets," Briley spokesman Thomas Mulgrew said.

Reach Joey Garrison at 615-259-8236, jgarrison@tennessean.com and on Twitter @Joeygarrison.