Knoxville mayor bucks transparency trend by refusing to reveal finalists for police chief 

This article features Government Accountability Project’s Legal Director, Tom Devine, and was originally published here.

Indya Kincannon promised Knoxville residents three months ago they’d have a big say in the replacement for Police Chief Eve Thomas, who retires May 1.

Knoxville’s mayor has lived up to her promise, hosting four public sessions to gather people’s opinions about the next police chief, and meeting with dozens of community leaders to hear their thoughts.

She’s spoken with former police chiefs, visited Knoxville Police Department roll calls and held open office hours. She’s sought the advice from groups such as the Police Advisory and Review Committee, the NAACP and the Neighborhood Advisory Council.

But as the deadline nears to name Thomas’ replacement and the field of candidates will be narrowed, Kincannon remains steadfast she will not tell Knoxvillians the finalists for the top cop job. Only the person selected for the position will be known.

“Having a confidential selection process increases the quality and number of qualified applicants,” mayoral spokesperson Kristin Farley told Knox News.

Policing experts and constitutional rights advocates vehemently disagree.

“Transparency is a prerequisite,” said Tom Devine, legal director of the Government Accountability Project in Washington, D.C. He said it’s normal for a political appointee to be named privately, but it’s not good policy, particularly when filling a top law enforcement job.

“It’s a question of legitimacy, not legality,” Devine told Knox News. “The mayor may have every right to leave the public in the dark, but it would be a fantasy to expect that approach to resolve the conflict in the city.”

Most major cities, including Tennessee’s other Big Four metros, make the hiring of their chiefs of police transparent.

In the past few years Nashville (2020), Memphis (2016 and 2021) and Chattanooga (now) have replaced their police chiefs, and all three cities made the finalists public.

“This is not good,” Sam Walker, an emeritus professor at the University of Nebraska and a leading scholar on police accountability, wrote to Knox News in an email. “A short list should be named, and they should all meet with the public for Q&A.”

In many cities, including Austin, Texas; Grand Rapids, Michigan; Lincoln, Nebraska; Nashville; and Tampa Bay, Florida, interviews with police chief finalists were public. Some cities held forums the public was invited to attend, while others posted videos online of lengthy question and answer sessions.

In some of these cities, such as Austin and Memphis, the city council must approve the pick. In Knoxville, the decision rests solely with Kincannon.

That’s how the last two Knoxville police chiefs were chosen. Mayors Dan Brown (appointed David Rausch) and Madeline Rogero (appointed Thomas) chose an internal candidate without conducting a national search. Both interviewed the department’s four deputy chiefs and chose from that group.

By nearly every measure, Kincannon has gone above and beyond what her predecessors did, but experts say it’s not enough if the city wants a truly open process.

Austin, for instance solicited extensive public input before and after finalists were named for its police chief in 2021. The public was involved throughout. Top candidates were interviewed by public panels and finalists were required to participate in additional interviews and meetings with the community.

“I think it is far more important for each candidate to talk to the public, explain his or her vision for the department and then answer questions, including the tough ones,” Walker said.

“Candidates should have a clear sense of their approach to being a police chief and be able to communicate that to the public. And as chief they will always be facing tough questions, so this public session would give people a good sense of whether this candidate is up to the job.”

Closer to home, Deborah Fisher, executive director of the Tennessee Coalition for Open Government, agreed.

“That’s odd. Many other cities in Tennessee release the names of police chief finalists and I don’t know of any state law that makes finalists confidential,” she wrote to Knox News in an email. “It’s a hire that many people are interested in for various reasons – from police unions and law enforcement themselves to criminal justice groups and the public in general.”

Protecting the names on the list

In an emailed response to a list of questions from Knox News, Farley, the mayor’s spokesperson, said withholding the names protects applicants.

The names on the list are not a public record either, Farley said, because the applications are being handled by the Police Executive Research Forum, a national group that says it “strives to advance professionalism in policing and to improve the delivery of police services” in part through “public debate of police and criminal justice issues.”

PERF, as it’s commonly known, is not directly subject to open records requests because it’s a private organization. Some cities claim that the work it does for them is not subject for public review for that reason.

In Memphis, a judge ruled against the Memphis Commercial Appeal in a lawsuit seeking the names of police chief applicants, saying they were not public record, though that decision is not binding on other communities.

Louisville, Kentucky, which was rocked by monthslong protests after police shot and killed Breonna Taylor while busting down her door under a no-knock warrant, used PERF for its police chief search in 2021. Like Knoxville, Louisville city leaders did not make the finalists public.

Craig B. Futterman, founder of the Civil Rights and Police Accountability Project at the University of Chicago, said the city’s reasoning is sound, particularly if it wants to hire a chief from another department, but it’s unusual and he would not advise it.

“… this concern should give way to transparency once the city has pared things down to the finalists,” he wrote in an email. “Time to put up or shut up.”

Tennessee Bureau of Investigation Director David Rausch, who preceded Thomas as police chief and went through a public selection process when he applied for the TBI role, agreed that there are advantages to not releasing the names, though he was torn on whether it was the best route for Knoxville.“I think you’ve got to make that decision for what’s best for your applicant pool. There are a couple of different ways to look at that. If you want really qualified folks to put in from outside, you don’t want to jeopardize their jobs that they’re working at,” Rausch said. “So, giving them an opportunity to keep their name as quiet as you can until you have to, I think that’s appropriate …

“I think there’s some fairness that has to be balanced on this. And I get the idea that you want to have the community know who the names are, I understand that, too. So, I’m kind of torn on that answer. I don’t know.”

Phil Keith was KPD chief from 1988 to 2004. He’s worked with and contracted for PERF and advises mayors across the country, formally and informally, on their police chief searches. He said whether finalists are named depends on the candidates and their relationship with their bosses.

“If all three finalists are really good and two of the three are asking you not to name them publicly (maybe you consider it) … if they’ve gone through the process for you, the mayor may want to honor their request to not make it public,” Keith said.

ACLU weighs in

ACLU of Tennessee Executive Director Hedy Weinberg simultaneously sent a letter to Kincannon and local media Monday expressing concerns about KPD’s direction and its future leadership and called on Kincannon to make the police chief search open.

Included in their letter are four requests, two of which definitely will not be met:

  • Seek out candidates with diverse backgrounds from across the country who have supported or implemented alternative, community-based solutions to public safety
  • Ensure community members are a part of the process of interviewing candidates and selecting finalists for the position
  • Publicly announce the finalists for the position

Hold public interviews of finalists in which community members can submit or ask questions

When notified by Knox News on Tuesday that the mayor’s office does not plan to release the finalists names publicly, Weinberg said the city’s decision makes no sense.

 “It makes no sense that the city would not release the names of the finalists for police chief – a public office that can literally have a life or death impact on community residents,” she wrote in an email. “Transparency ensures accountability, which is foundational to building community trust. Keeping the public in the dark about the selection of the new chief is a significant step in the wrong direction if the city wants to create a culture of accountability and rebuild public trust in the police department.”

Council mostly supports Kincannon

Members of Knoxville’s City Council were, as a whole, surprised when Knox News told them Kincannon would not name police chief finalists, but they were generally supportive of her decision, they said, mainly because the process has had so much public input.

Not everyone agreed, however. Council members Amelia Parker and Seema Singh both urged the mayor to reconsider. Council member Charles Thomas could not be reached for comment.

Lynne Fugate

“I think everyone wants to know as much as they can possibly know, however it’s an appointed position and Mayor Kincannon has had a more open process than our city has ever had in picking a police chief. People always want more transparency, but having been in a situation where you’re trying to recruit the best to come to your city, there is an element of trepidation on part of the people who are considering for letting their employers know.”

Gwen McKenzie

“I’ll give the mayor credit that she’s been intentional about having public input meetings for (figuring out) what attributes are important, but at the end of the day it’s still up to her. … The mayor has the authority to not disclose the names and what she shared with me is due to the fact that a lot of candidates don’t want their employers to know (the city will keep it private) … I don’t have an issue with that.”

Amelia Parker

“It is unfortunate to hear that the mayor will not release the names of finalists and conduct a transparent process that is accountable to the community. The chief of police is one of the most important leadership positions in our city. I hope the mayor will reconsider and adopt a recruitment process similar to Chattanooga which is also working with PERF, and has formed an interview panel that includes community leaders, and just released their list of finalists last month.”

Lauren Rider

Rider did not comment on whether the finalists should be named, choosing instead to focus on what the new chief will bring.

“I hope we get a police chief that really infuses a lot of energy in the police and works on some of the low morale that I see, someone that comes ready to be use of the box thinking on policing.”

Andrew Roberto

“I want the best candidates to apply to be our city’s next police chief. The consultants have recommended this process as it increases the quality and number of qualified applicants who apply. Ultimately this is an executive determination and I encourage the administration to continue efforts in engaging citizen input on this critical appointment.”

Seema Singh

“They’ve done a good job (with having public meetings). They should continue to go through this process. There are too many feelings right now to close it up. We’re trying to build trust with the community and police department.”

Tommy Smith

“The chief of police is a unique role that requires extraordinary public trust. The hiring process should include public input and as much transparency as possible, and the recent community meetings provided an opportunity for public input. The buck stops with the mayor, and it is up to her to hire the best candidate based on the needs voiced by the community most recently, whether final candidates are introduced to the public or not.”

Janet Testerman

“I think the mayor has been intentional about the public input sessions and I think she is listening and taking that information. …

“At the end of the day, it’s in the purview of the mayor to hire his or her cabinet and the police chief is part of that. The public input shows she wants to hear what the community has to say and what their priorities are … but at the end of the day it’s her decision and it’s within her purview to do so.”