05/21/2019 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE March 5, 2019 Session EARL GENE DAVIS v. CIVIL SERVICE COMMISSION OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY ET AL. Appeal from the Chancery Court for Davidson County No. 17-0510-II William E. Young, Chancellor ___________________________________ No. M2018-01130-COA-R3-CV ___________________________________ This appeal arises from the Metropolitan Government of Nashville Civil Service Commission’s decision to suspend and demote Appellant, a police officer with Metropolitan Nashville Police Department. The department’s decision to suspend Appellant was affirmed by the administrative law judge, but the administrative law judge reversed the demotion. The Commission then reviewed the administrative law judge’s order and upheld the suspension but reinstated the demotion. On appeal to the Davidson County Chancery Court, the Commission’s decision was affirmed. Finding no error, we affirm the decision of the Chancery Court. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed and Remanded KENNY ARMSTRONG, J., delivered the opinion of the court, in which ARNOLD B. GOLDIN, J., joined. J. STEVEN STAFFORD, P.J., W.S., filed a separate concurring opinion. J. Alex Little, Nashville, Tennessee, for the appellant, Earl Gene Davis. Jon Cooper, Lora Barkenbus Fox, Nashville, Tennessee, for the appellee, Civil Service Commission of the Metropolitan Government of Nashville & Davidson County, and Metropolitan Police Department of Nashville & Davidson County. OPINION I. Background Earl Gene Davis (“Appellant”) is a Metropolitan Nashville Police Department (“MNPD”) police officer. In 2010, Officer Davis was assigned to the Middle Tennessee Drug Enforcement Task Force (“Task Force”), which the United States Drug Enforcement Administration (“DEA”) runs. The DEA often contracts with state and local law enforcement agencies for cooperative enforcement concerning drug crimes. Relevant here, in the fall of 2013, the City of Nashville and the DEA formed a Program- Funded State and Local Task Force Agreement (“Task Force Agreement”). Officials from Metropolitan Government of Nashville (“Metro”) and the DEA, along with the Metro Chief of Police, approved the Task Force Agreement. In relevant part, the Task Force Agreement provided: 2. To accomplish the objectives of the [Task Force], the MNPD agrees to detail one (1) experienced officer to the [Task Force] for a period of not less than two years. During this period of assignment, the MNPD officers will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The MNPD officers assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The MNPD officers assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. § 878. 5. To accomplish objectives of the [Task Force], DEA will assign three (3) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of DEA Special Agents and ...
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