Tennessee POST reopens Hancock County decertification matter; investigator cites witness accounts and recommends informal hearing

The Tennessee Peace Officer Standards and Training Commission on Feb. 20 voted to refer an investigation tied to Hancock County to an informal hearing after an investigator said witnesses and a Tennessee Bureau of Investigation special agent reported that a former chief deputy was present during an assault and likely under the influence.

Kevin Green, a post investigator, told the commission that witnesses said the subject “was indeed present during that assault” and that one witness told investigators the subject responded, "my badge turns off at 05:00," when asked to intervene. Green also said the special agent informed him the subject “did say he drank alcohol” though the subject later “denied all these allegations and said he wasn't intoxicated.”

The investigator recommended bringing additional witnesses and evidence to an informal (and possibly formal) proceeding to resolve whether the officer misled the commission and whether decertification is warranted. Commissioners debated whether default decertification cases should automatically be sent back to the commission or handled by administrative law judges; some members argued for maintaining commission oversight for cases that lacked a full factual record.

After discussion, Commissioner Jeffers moved — and the commission approved — a referral to an informal hearing so staff can locate witnesses and prepare the docket. Commissioners said they would seek additional documentation and, if needed, consider a formal hearing where live testimony could be presented.

The decision follows an earlier subcommittee action related to decertification and comes amid broader commission deliberations about using administrative law judges for some appeals. The investigator told the panel he did not yet have sealed TBI records but believed TBI witnesses would be available for a formal proceeding.