MPD Chief Davis loses slim committee vote in bid for reappointment, full council vote to come

Memphis Police Chief Cerelyn "C.J." Davis' confirmation vote took a sharp departure from the other Memphis cabinet confirmations in city council committee discussions Tuesday morning as the first, and only, nomination to earn a negative ― though nonbinding ― recommendation.

The vote saw seven councilmembers vote for the negative recommendation and six councilmembers vote for a favorable recommendation. It came to Councilman Jeff Warren who cast the final "no" vote. It also followed Davis being questioned by councilmembers for nearly 90 minutes.

"I think you saw the council trying to do what's right for the people," Councilman JB Smiley Jr. told reporters after the vote. "I don't think anyone operated with ill intent. People just want to know that our streets are safe. For too long, we've essentially allowed things to happen. This council will operate differently because we're going to take an active role in what happens going forward."

Tuesday's vote was an important step in Davis' reappointment quest but was nonbinding. The next vote will be in full council.

Though not heard at Tuesday's full council meeting, multiple public comments — many from local activists — were heard by councilmembers. Those public comments Tuesday evening opposed Davis returning as police chief, with some activists pointing to instances of MPD not following the ordinances passed last year.

Those who voted against a favorable recommendation Tuesday were Smiley, J. Ford Canale, Jana Swearengen-Washington, Chase Carlisle, Jerri Green, Philip Spinosa and Warren. Voting for a favorable recommendation were Pearl Eva Walker, Rhonda Logan, Edmund Ford Sr, Yolanda Cooper-Sutton, Michalyn Easter-Thomas and Janika White.

A large contingent of Memphis police brass, and Memphians crowded the city council chambers Tuesday afternoon for the vote. Some bore signs supporting Davis' reappointment, others had signs that opposed it. The Memphis branch of the NAACP on Tuesday morning put out a statement that it supported reappointing Davis to her post.

The committee meeting featured moments of tension as Davis was continuously questioned about enforcing the ordinances passed by the city council in the wake of Tyre Nichols' death. At one point, Smiley asked if Davis had been following the ordinances.

"Yes, absolutely," Davis said.

Smiley then passed out copies of a booking sheet for a man charged with fugitive from justice without a warrant on Jan. 6 of this year. That man was one of Nichols' brothers, and the arrest came a day before the first anniversary of Nichols' beating by officers with the Memphis Police Department, according to Shelby County court records.

The charge was dropped, according to court records, and the brother was present at the vigil commemorating Nichols Sunday.

Smiley used this as an example of a pretextual stop, saying this "young man wasn't doing anything wrong. He was pulled over simply because his tags were in the wrong place."

Smiley later said, "Someone was not being honest with this body," in reference to Davis saying the ordinances were enforced internally.

"I believe the past administration did not operate in good faith," Smiley told reporters after the vote. "As for Chief Davis, and every other director, I've been very clear from the beginning of this committee meeting. When you talk to this body, you will act and speak with candor. What happened is you had Mayor Jim Strickland say one thing and you had Chief Davis say another."

Sparring between Davis was not limited to the councilmembers in their second term, with multiple, newly-elected members saying they had concerns about Davis' leadership.

One such member, Walker, said she had heard "most of the rank-and-file members don't like" Davis. Davis attributed this to officers not liking change.

"Change is uncomfortable for them, and it's easy to say what you don't like," Davis said in response.

Other concerns voiced by city councilmembers were that crime, particularly homicides, increased substantially in 2023, and a concern over the data that was being shared.

Memphis Mayor Paul Young spoke in the middle of Davis' questioning, saying he stood behind the decision to retain her as police chief.

More: 'The one I want y'all to remember': Tyre Nichols honored one year after fatal police beating

"We are going to do the things to strengthen our police department because this community is demanding it," Young said. "Make no mistake, all of our fates revolve around us getting this right. As I said in the beginning, I am going to be accountable to you all. If we're not getting the results that we need, and we deserve, we'll go another way. But right now, I firmly believe that we have the right person and I stand behind that."

Smiley, after the vote, said the second-term members were tired of constantly asking to be informed and not having that information.

"I think what you saw is returning members saying, 'I'm tired of asking for more information,'" Smiley said. "Either you're going to get us that information or we will move in a different direction."

Smiley did not say what direction he would like to see the search go if Davis were not to be reappointed, but said change is needed.

"There are lives that are at stake...398 people killed, and every one matters," he said. "Every single one matters. I don't want the next four years of this administration, the next four years of my time on council, to [be marked by] continuing to reach a record homicide rate. We have to do something different."

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

This article originally appeared on Memphis Commercial Appeal: Memphis Police Chief C.J. Davis questioned by city council before reappointment