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Crime Commission Pushes to End Police Residency Requirement

The Memphis Shelby Crime Commission released a statement late Monday afternoon in support of a pending state legislative bill that would eliminate the residency requirement for local law enforcement and other local first responders.

SB 29/HB 105 would retroactively abolish all local residency provisions statewide. While currently there is not a statewide local residency provision, SB 29/HB 105 would prohibit local governments from establishing local residency provisions.

The commission cited rising violent crime rates and a shortage of officers as reasoning for their support of the bill. Although the Memphis City Council has set a goal of 2,500 officers for the city of Memphis, at the end of 2020, Memphis had 2,038 commissioned officers. The Shelby County Sheriff’s Office was also below its goal of 750 officers, with 718 officers.

“During our discussion, it was obvious that many [Crime Commission Board of Directors] members were sensitive to the issue of state government preempting local decision-making,” said Ben Adams from the Crime Commission. “However, most board members see the enactment of the legislation as a necessary step to address the severe shortage of local law enforcement officers.”

While the number of on-duty officers has increased since the end of 2016, the overall growth of officers has been slow. 2020 also showed a regression of growth in the number of officers. The Memphis Shelby Crime Commission argues that increasing the pool of potential officer candidates would increase the number of officers in the streets. Their statement also argues that increasing the number of officers would take the strain off of the existing officers in the field.

“At the end of 2020, the MPD was down to 2,038 officers. The Memphis City Council has set a goal of 2,500 officers. Simply put, we will never reach that goal without expanding the pool of qualified applicants,” said Adams.

Citywide there is also support for hiring more officers. In a survey conducted in July of last year 78 percent of respondents were in favor of hiring more police officers with 69 percent of respondents replying that they would like to see increased local law enforcement presence in their neighborhood.

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Unsheltered Point-in-Time Count Looks to Quantify Homelessness in Memphis

CAFTH

The 2020 Unsheltered Point-in-Time Count found that 90% of those experiencing homelessness in TN were sheltered.

This week, the Continuum of Care began conducting its bi-annual Unsheltered Point-in-Time Count to monitor the homeless population in Shelby County. Continuum of Care is one of the lead agencies tasked with working towards ending homelessness in Memphis. and group works with different service providers and partners throughout the city to tackle the issue.

The Unsheltered Point-in-Time Count keeps track of how many times people move in and out of shelters in the city, and is federally mandated by the Department of Housing and Urban Development. During the count, volunteers go through Memphis and create a list of those experiencing homelessness on the streets and in shelters. That data is then fed into the homelessness management system allowing for an accurate representation of the homeless population in Memphis, as well as nationwide.

The COVID-19 pandemic has affected how the Continuum of Care has tackled the count. Planning director Grant Ebbesmeyer explains that while this has been a difficult year, they have still been able to find positives.

“It’s certainly a difficult year. From a broad perspective, it changed how a lot of our partners have worked together, but it’s actually been kind of a positive,” says Ebbesmeyer “We have definitely been able to strengthen relationships with some of our partners, and amongst other partners as well, who in the past might have said we need to do something more on our own, but these days have realized that there is really strength in numbers through coming together and partnering with different agencies.”

This year the Unsheltered Point-in-Time Count will look a little different. Normally, around 100 volunteers would spilt up and begin canvassing the street at 4 am before heading to soup kitchens and meal sites later in the day. Due to COVID-19, Continuum of Care will instead ask 11 different service sites throughout the city to monitor and gather data from those stopping by the shelters. The canvassing period has been elongated to compensate for the change, and the organization will continue to send out small groups of people to gather data each day.

“We know it’s not perfect, but in a lot of ways, this is the best that we can do, working with some of our agencies that have very limited capacity or staff to be able to report data to us on a regular basis,” says Ebbesmeyer. “We definitely didn’t want to miss having a full data set for this year, especially since it’s been a very different year than in the past.”

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Report Shows Overall Crime Down But a Rise in Major Violent Crime

A new report from the Memphis Shelby Crime Commission’s office shows that overall crime within the city fell during 2020, but major violent crime, specifically murder and aggravated assaults, rose at a “disturbing pace.”

Major property crime, which includes burglaries, motor vehicle thefts, and other felony thefts, dropped 8.9 percent in Memphis and 8.4 percent countywide. These drops culminate with a 35.3 percent drop of property crime in the city of Memphis and a 36.4 percent drop countywide over the last 15 years.

The Crime Commission attributes the decrease in crime to a “plummeting” burglary rate. In Memphis, reported burglaries were down 26.1 percent compared to 2019. While the report mentions that it is possible this is due to an increased number of people staying at home because of COVID-19, the burglary rate in Memphis fallen 66.1 percent citywide since 2006.

For Memphians, major violent crime remained a constant threat throughout 2020. Major violent crime, which is represented by murders, rapes, robberies, and aggravated assaults, was up 24.3 percent citywide and 23.1 percent countywide. Leading the increase were an abnormally high rate of murders, with a 49 percent increase in the number of murders throughout Memphis compared to last year. Countywide there was a 45.9 percent increase in murders.

Reported aggravated assaults were up as well. Aggravated assaults increased by 35.4 percent in the city, and 34.3 percent countywide. Despite the rise in both aggravated assaults and murders, robberies city and countywide were down 12.1 percent and 13.8 percent respectively.

One of the critical factors pointed to by the reported as a driver for the increases in crime was the amount of gun violence throughout the city. The Memphis Police Department recorded a record-breaking 332 homicides in 2020. Of the 332 homicides, 262 of them were with firearms. All in all, there were 6,454 reported violent incidents that involved a firearm, which constituted a 24.6 percent jump when compared to 2019.

The Crime Commission’s president and executive director, Bill Gibbons, said that the city will need more resources to solve the crime problem throughout Memphis.

“We’ve identified evidenced-based practices that, if implemented correctly, will work to reduce violent gun crime significantly. We have leaders committed to them, but it takes resources,” Gibbons said.

The full report can be found on the Crime Commission’s website.

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Local Groups Weigh In on the Biden Administration

CHOICES’ Comprehensive Care Center

As the Biden Administration begins the long process of unifying the country, local nonprofits are gearing up for the work that needs to be done.

“We’re cautiously hopeful, you know,” says Commute Options program manager Sylvia Crum.

“I don’t know how long it’ll take for it to really start becoming apparent of what impact we will get to see right here in Memphis, but I’m really pleased that the administration is putting climate change on the forefront and saying, ‘We’ve got to do something to address this.’”

Commute Options, a nonprofit that works to promote alternative commuting methods within the city of Memphis, launched a bike commuting training program late last year. The program, which teaches Memphians how to commute through the city using biking or public transportation, is the first of many planned moves by the organization in 2021.

“We’ve been gathering a very lovely group of volunteers who are so excited to think about how we could help — in a safe and socially distanced way — encourage people who might want to try bicycling for transportation and show off the ability to do that.”

The nonprofit health advocate CHOICES has also begun the year strong. Its new comprehensive care center, which opened last fall, has been accepting patients throughout the pandemic, increasing volume in the latter half of 2020. The new center has allowed the group to expand to prenatal care and birth, something that director of external affairs Katy Leopard calls the “last piece of the puzzle”.

“As CHOICES, we wanted to be able to help people no matter what their choices were around a pregnancy. And so, it really makes sense that people needed to have more autonomy and how they give birth and the birth process,” says Leopard. “Having an out-of-hospital birth center environment that’s led by midwives, where people giving birth have more autonomy and choice, was really important to us. It wasn’t available in Memphis or anywhere near us, so we really felt like our community needed that.”

Just City executive director Josh Spickler says that while not much has changed for the organization with the new administration, they are still feeling the effects of the Trump administration.

“For the most part, our issues are pretty local,” he says. “A couple of exceptions would be that at the end of the last administration, there was a rush to execute five or six people. Federal executions had been on hold for years and years, and the Trump administration brought them back knowing that the Biden administration was going to have to work to stop them again.”

“I would hope that the death penalty becomes an issue, at the congressional level,” he adds. “We just don’t have the resources locally, but that’s one thing that I would hope would change because the state of Tennessee has really shown no interest in doing anything.”

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Sycamore Institute Report Examines the Cost of Criminal Justice

Earlier this week the Sycamore Institute, an independent and non-partisan public policy research center for Tennessee, released a report in which they broke down the fees and fines within the criminal justice system of Tennessee.

In their findings, they reported that there were nearly 360 public fees and fines authorized in Tennessee state law, a number that is higher if private acts are factored in. The number of fines is something that Josh Spickler from Just City found concerning.

Chip Chockley

Josh Spickler

“I mean, one of the biggest findings for me from that Sycamore Institute report was how many, which is something we’ve known for a long time has been an issue,” says Spickler. “As an attorney, or as anyone who’s been through that system can tell you, just the sheer number of individual charges is really difficult to quantify. And so, of course, it also depends on what you’re charged with.”

The fee and fine system that exists within the Tennessee criminal justice system is not limited to those found guilty of a crime. Tennessee has one of the most robust fees and fines systems in the country. Due to the sheer number of fees and fines, racking up a significant debt during the criminal justice process is likely.

Sycamore Institute TN

Fines and fees can accrue at all levels of the Criminal Justice process


A daily fee for any jail time associated with a misdemeanor conviction, copays for medical care received while incarcerated, and fees and costs associated with court-ordered treatment for mental health or substance use disorders mean that those convicted can find themselves released with a hefty bill. Even when not charged with standard court charges, document filing fees and even courtroom security costs all end up compiling into sometimes ludicrous amounts.

The fees and fines in the criminal justice system are not levied out of spite. For the taxpayers, as well as state and local governments, fees are supposed to take some of the burdens off their community and to fund public safety initiatives. They are also supposed to be deterrents for crime. But as the Sycamore Institute points out in its report, more often than not, these fines end up causing more harm than good. For those without the ability to pay, fines and fees from previous convictions or court appearances can cause significant difficulty, the group says.

“Court fees are some of the biggest disqualifying factors of the thousands and thousands of people we talk to every year at Just City,” says Spickler. “The biggest disqualifying factor is that ‘Yes, you qualify. Yes, it has been 10 years since you were convicted. Yes, you have finished your sentence, you’ve gotten in no other trouble anywhere in the world. But you still owe $700 in core debt from that 12-year-old case, we can’t get you expunges.’ So the fines and fees are a leverage point there. And then several years ago, [Tennessee] doubled down on it by saying if you owe that criminal court debt, specifically, in Tennessee, we’re going to suspend your license.”

While the Sycamore Institute report does not recommend changes for the fees and fines system — the report is just one of a series that they intended to release in order to help policymakers better understand the human element in the criminal justice system — Spickler thinks income-based fines could be a solution.

“In Memphis, consider that the vast majority of people who come through that system are living in abject poverty. You can’t get blood from a turnip. You can assess all the fines you want, it might as well be a million dollars, ten thousand dollars, one thousand dollars, it’s all the same. Make a ‘finding of ability to pay.’ And if you work three shifts at the warehouse and are cobbling together $12,000 a year, you know, a $50 fine, is significant to you. If you’re assessing it to a director of a nonprofit with 20 years of legal experience like myself, that fine is going to be a whole lot higher. We’re purportedly making findings of income and wealth before we appoint a public defender, so these are not new processes that we would have to implement into our system, but we need to make it automatic. Everybody who comes through that system, we need to assess their ability to pay their way through the criminal justice system and stop pretending that everyone on paper can pay, because most people can’t.”

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MPD Officer Charged With Kidnapping and Murder

A Memphis Police Department officer has been arrested and charged with First Degree Murder following the kidnapping and murder of a Memphis resident. Former MPD officer Patric Ferguson made an initial court appearance by video Monday where he was charged with first-degree murder, first-degree murder in perpetration of aggravated kidnapping, abuse of a corpse, and fabricating and tampering with evidence. He has been employed by the MPD since 2018.

The saga began last week when Memphian Robert Howard, 30, was reported missing by his girlfriend, who has not been named by the Memphis Police Department. Howard had been missing for 24 hours before his girlfriend attempted to find him using an app to trace his cellphone location. Upon finding his phone but not him, she filed a missing person’s report to the MPD.

MPD investigators concluded that the victim was taken from his home by Ferguson while on duty, then forced into the back of a squad car. He then drove Howard to the area of Frayser Boulevard and Denver Street before killing him.

Joshua Rogers, 28, was also found to have helped Ferguson dispose of the body following the murder of Howard. He has been charged with Accessory After the Fact, Abuse of a Corpse, and Fabricating and Tampering with Evidence. His bond has been set at $25,000, while Ferguson has yet to have a bond set.

MPD Director Michael Rallings was disappointed at the discovery and vowed that Ferguson’s actions are not reflective of the organization as a whole.

“No one is above the law. Knowing that a Memphis Police Officer, someone who took an oath to protect and serve, made the decision to commit this horrific crime is devastating. His actions were not that of a law enforcement officer and should not reflect on his fellow officers.”

The Howard family has set up a gofundme page to help cover the funeral expenses.

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DOJ and FBI to Investigate Capitol Hill Violence

U.S. Attorney General D. Michael Dunavant

In response to the violence at the U.S. Capital on Wednesday, Attorney General D. Michael Dunavant announced that his office, as well as the Memphis Field Division Office of the FBI, will investigate and charge any potential violations of federal law.

Protestors had arrived at the capitol from around the nation to contest the confirmation of President-elect Joe Biden’s election victory. As tensions rose, protestors successfully pushed past a police barricade and into the U.S. Capitol building, resulting in five deaths.

In a statement released by his office, Dunavant reaffirmed his commitment to bring those who broke the law to justice and to use the full extent of their powers.

“The Department of Justice is committed to ensuring that those responsible for this attack on our Government and the rule of law face the full consequences of their actions under the law. We are working closely with our partners at the FBI, who are actively investigating to gather evidence, identify perpetrators and charge federal crimes where warranted. Any person who traveled from West Tennessee to commit federal crimes in Washington, D.C., as well as anyone who conspired with them or aided or abetted such lawlessness will be aggressively prosecuted by this office.”

Dunavant’s office and the FBI noted that people could be charged with Civil Disorder, Damage to Federal Property, and Rebellion or Insurrection.

Individuals with information are being urged to contact the Memphis FBI Field Division Office at 901-747-4300. They can also submit tips online at fbi.gov/USCapitol.

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Nationwide Poll Finds Tennesseans Unsatisfied with Work From Home

A nationwide poll found that Tennesseans were rated among the least happy Americans in a work-from-home (WFH) setting with the average employee rating their happiness at a 6.5/10, slightly below the national average of 6.6/10. South Dakotans took the crown as the happiest working from home, with most rating their happiness at a 9/10. West Virginia was a different story with work-from-home participants rating their happiness at just a 4.9/10 on average.

https://improb.com/

Tennesseans were found to be slightly below the national average while working from home

The poll, which was run by improb.com, polled 3,000 work-from-home employees across varying fields. Those in the education and charity industry were found to be some of the strongest detractors of work from home conditions, with participants reporting an average of 5.4 and 5.8 out of 10 in terms of happiness. Banking and tech were found to be fairly satisfied with working from home, as participants in those fields reported an average happiness of 6.8 and 6.6 out of 10.

Those in the IT field were the least satisfied with WFH conditions, scoring the lowest average happiness at 4.9 out of 10. On the flip side, law was found to be the profession with some of the happiest employees, with an average happiness of 7.1 out of 10.

While happiness is important, a universal phenomenon caused by WFH conditions is an extreme increase in the amount of time spent in and around the home. The survey found that on average workers were spending 3.7 days in a row without leaving home. The survey found that employees were more efficient when working from home, with 55 percent stating that they take fewer breaks than if they were in the office.

A surprising 61 percent of those surveyed said that they put in more hours each day at home than when they were physically working in their office, suggesting that the separation between work hours and off-hours can be harder to differentiate while working from home. 

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Memphis Restaurant Association Releases Statement on New Health Directive

Memphis Restaurant Association

The Memphis Restaurant Association has issued a statement in response to the new health directive announced on Monday.

Restaurants are, in fact, among the safest places to be due to social distancing, mask requirements, and numerous other regulations ensuring the safety of our staff and guests. Local, state, and national data (see links below) bear out the truth that restaurants are not a significant source of transmission, yet our local officials continue to unreasonably single out the restaurant industry. We are disappointed with the Health Department’s decisions and continued lack of communication and are asking for the support of our membership, employees, and community by contacting community leaders to push back against this injustice. Shutting restaurants down drives the public to higher-risk, unregulated, private gatherings.

The statement ended with the tag #SafePlacesSaveLives and provided a myriad of links to back up their claims. Among the links were a Tennessee government link showing fatality rates in the state, a Democrat & Chronicle story from New York that looks at contact tracing data, a story from News 4 Nashville covering a statement from the Nashville Mayor, and a news story from Los Angeles covering the spread of COVID in restaurants.

Under Health Directive 16, restaurants are encouraged to close or operate at 25 percent capacity from the 26th of December to the 22nd of January.

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United Housing Awarded $50,000 from Bank of America

Amy Schaftlein, executive director for United Housing, holds their award

Through Bank of America’s Neighborhood Champion program, United Housing has received a grant for $50,000 as well as an opportunity for its staff to undergo virtual leadership training. The Neighborhood Champion program gives recognition to nonprofits that play a role in advancing economic mobility. Due to the program, Bank of America is the largest corporate philanthropic investment in nonprofit leadership in the country. Bank of America Memphis Market President, Livingston Albritten, released a statement.

“As we consider many of the challenges that our communities are facing – from the health and humanitarian crisis brought on by the coronavirus to the need for progress on racial equality and economic opportunity – the Neighborhood Champions program is a relevant and timely initiative to support the communities we serve,” said Albritten. “This program enables partners like United Housing to plan strategically for growth and long-term sustainability, and we look forward to seeing how this investment helps United Housing make even greater strides to address homebuyer education and assistance in the Memphis area.”

 United Housing is known throughout the city for helping Memphians through the homeownership process. United housing is nationally recognized for its efforts in providing curriculum, homebuilding, and neighborhood revitalization and rehabilitation. Using a holistic approach the non-profit accurately helps Memphians on a case by case basis. Amy Schaftlein, executive director for United Housing, said that being chosen doesn’t distract them from their mission on hand.

“Our goal will be to keep people safely housed and working on preserving homeownership and neighborhood stability next year, which will be critical for many families,” said Schaftlein. “We are humbled to be recognized by Bank of America for this mission and we are eager to get to work meeting essential housing needs in Memphis.”

United Housing will use funds from the grant to provide further education and revitalization to members and member neighborhoods in their organization.

“Funds from the grant will support United Housing’s homebuyer education and minor home repair programs as the economic impacts of the pandemic have increased demand for these critical services,” said Schaftlein. “This opportunity will allow the organization to expand mortgage and rental assistance counseling services, while expanding the ability for aspiring homebuyers to get closer to their goals in uncertain economic environment.”