9 Investigates: Charlotte City Council votes to not settle potential lawsuit from CMPD chief

CHARLOTTE — Charlotte City Councilmembers voted in closed session Monday about settling a potential lawsuit being considered by CMPD Chief Johnny Jennings, Channel 9 Government Reporter Joe Bruno confirmed with multiple sources. The vote was 5-2. A sixth vote in favor would have resulted in a settlement. Terms of the settlement are unknown. It takes six votes to pass anything so council effectively voted to not settle at this time.

This story is composed based on the conversations with seven people familiar with the vote and issue.

Sources say Chief Jennings is considering legal action over former Councilman Tariq Bokhari’s comments and pursuit of outer carrier vests. A lawsuit has not yet been filed in court. Sources say Mayor Vi Lyles may bring the topic up for another vote on Monday in closed session. Sources familiar with the chief’s feelings say Jennings believes he was unfairly targeted and suffered reputational damage during a months-long debate over outer carrier vests.

It’s unclear why Charlotte City council members would entertain a settlement for a lawsuit that has not been filed, however, it would likely prevent a messy and potentially expensive legal fiasco. The parties of the potential lawsuit, and its potential content, have not been disclosed.

A spokesperson for Jennings, a spokesperson for the city of Charlotte, Bokhari, and all current Charlotte City council members contacted by Bruno declined to comment.

The contentious debate publicly started after the ambush on Galway Drive that left four officers dead. During budget adjustments last May, Bokhari, who said he had been talking to officers about outer carrier vests for more than two years, requested that the city add purchasing outer carrier vests to its budget.

Charlotte City Council voted to advance the proposal for budget consideration.

While Bokhari maintained the outer carrier vests were popular with the rank-and-file, Jennings was hesitant because in part of their militarized look. During budget straw votes, Bokhari retracted his motion for outer carrier vest funding, in part, so council wouldn’t have to take a vote for or against the chief’s position on the issue.

But during that meeting, Bokhari reiterated his passion for the topic and said he would double down on finding $500,000 for the purchase of the vests “as an individual citizen.”

During the vote on the budget last June, Bokhari once again said he was “taking off his councilman hat” to “speak to the community as a citizen.” He said he could not “articulate his level of disappointment that the city wasn’t able to secure funding for outer carrier vests in the budget cycle.” He said he was not giving up and would be “activating a private campaign to get them $500,000 for outer carrier vests.”

Bokhari then launched ShieldTheBlue.org. The website remains active. The Charlotte Mecklenburg Fraternal Order of Police supported Bokhari’s effort. Less than two months after the launch of Shield The Blue, Jennings reversed his stance on the vests. All CMPD officers are now able to apply to wear them as a preventive measure.

But the debate did not end there.Channel 9 has learned that in January, NAACP President Corine Mack filed an ethics complaint against Bokhari. News of the complaint has not been previously reported. Rev. Mack confirmed the complaint and its findings to Channel 9.

The complaint alleged “Tariq and the FOP in their official capacities began a crusade against the chief with personal and major threats to force him to retire/get fired.” It alleged “Tariq’s attempts to strong-arm Chief Jennings into making decisions that may not be in accordance with his desires regarding vests and personnel matters is a direct violation of the ethics policy.”

The complaint alleged “insidious language” on Shield The Blue’s website.

Attached to the complaint were two screenshots. The first screenshot was the “here’s what I need you to do” section. The second screenshot included in the complaint questioned, “What does Chief Jennings have against his patrol officers? This is their number one request and despite proven data, he makes them suffer. Why?” The screenshot also says, “when the chief asks for additional patrols at his lake house, who does it? Patrol officers.”

Interim City Attorney Anthony Fox dismissed the complaint, Mack confirmed. Fox found her complaint did not meet the standards for an ethics complaint review.

It is unclear if all of Charlotte City Council was aware of the complaint and its dismissal. Multiple sources say one member of Charlotte City Council left during closed session. It is being researched whether that vote should be recorded as a sixth vote to settle.

Jennings reports to City Manager Marcus Jones. Jones and Fox report to Charlotte City Council.

Even if an ethics complaint is successful, it does not result in a council member’s removal. A successful ethics complaint could potentially lead to a censure of the member.

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