In June, the Knoxville Civil Services Merit Board ruled John Pickens couldn't come back to work at the Knoxville Police Department after he pleaded guilty to domestic assault and was fired for choking his wife.
On Aug. 12, Knox News has learned, Pickens asked the board to reconsider.
What changed? Knoxville Mayor Indya Kincannon suspended Knoxville Police Chief Paul Noel for one month without pay on Aug. 6 for inappropriately exchanging sexually charged text messages with a subordinate.
A fired officer using Noel's indiscretion against him or the department is exactly the scenario former Knoxville Police Department Deputy Chief Nate Allen warned Knox News was a possibility before Pickens submitted his request for reinstatement.
Allen, who never
worked with Noel, told Knox News on Aug. 11 the situation at KPD is “a mess.” There are important questions that Kincannon needs to determine, he said. Does the city’s liability increase or decrease with Noel at the department? What kind of precedent will this set for the department and the city? Does this open the city up to litigation?
“It carries the most liability and it’s usually the biggest department in the city,” Allen said. “They have the most people. And they have much, much more responsibility than anybody else. The chief can make rules that govern the entire city. It’s a very important position and whoever is making the decisions on if he stays or not should take things into consideration.”
Pickens wants the board to order his rehire "in light of the Aug. 6 decision by the city of Knoxville simply to suspend the chief of police of the Knoxville Police Department Paul Noel for his violation of inter-department conduct, as well as the decision not to discipline officer Jasmine Reed for multiple allegations of misconduct," according to filings with the merit board obtained by Knox News.
Arthur Knight III, Pickens' attorney, argues his case should be reconsidered because both men broke KPD policy. Noel was not shy about wanting to keep Pickens off the force. He publicly objected to being forced to employ Pickens, who pleaded to breaking the law and internal policies. Pickens' conviction was expunged, but Noel still fired him.
Noel is not accused of breaking the law, but he broke internal policies, including three that are grounds for firing if the mayor saw fit. Kristin Farley, a Kincannon spokeswoman, said the mayor considered several factors before suspending Noel, including that an independent investigation commissioned by the city showed Noel hadn't broken the law and there was no evidence he showed favoritism toward Reed, who serves as a patrol officer.
Knox News reported Noel, on multiple occasions, discussed departmental information and personnel matters with Reed. He encouraged her to apply for various roles in the department, including the newly created horse-mounted unit, and repeatedly praised and encourage her when she was facing disciplinary action after a complaint she had carried on an affair with a married KPD lieutenant.
The filings from Pickens' attorneys also criticize the department's decision not to discipline Reed for her part in the exchange of messages with Noel. It was the investigation into Reed's relationship with the lieutenant that led to the investigation of Noel. Reed was suspended for 120 hours in connection with the affair with a married KPD lieutenant.
John Pickens fought firing after pleading guilty to assaulting his wife
Pickens’ case drew attention when he argued the deal he made with Knox County prosecutors – which included expunging his record – meant the Knoxville Police Department could not hold his assault against him and he should be able to get his job back. Police Chief Paul Noel did not want him back on the force.
Pickens was fired in June after his criminal case concluded, according to his personnel file. KPD determined he violated a number of general orders, including unbecoming conduct and conformance to laws. The termination documents were signed by Noel.
“You pleaded guilty to domestic assault (regardless of the later disposition of the charges), failed to contact law enforcement to document the domestic incident and to report other criminal activity and were legally prohibited from possessing or carrying a firearm for a period of time due to a pending order of protection and terms of your conditional release.”
Pickens later appealed his termination to the Civil Service Merit Board, saying Noel “improperly relied upon the expunged evidence” when deciding to terminate him. Pickens wrote he wanted to be reinstated as a KPD officer.
Hearing officer Matthew T. McDonald previously sealed the records of Pickens’ appeal, but a spokesperson for the Civil Service Merit Board confirmed June 23 the initial decision was upheld.
Pickens could apply for a law enforcement job elsewhere after the Tennessee Peace Officer Standards and Training Commission, declined to decertify Pickens’ police powers to disqualify him from being a police officer in another community.
The board declined because Pickens’ expungement cleared his criminal record.
Why was former Knoxville police officer John Pickens arrested?
Pickens’ arrest warrant is no longer a public document. But the order of protection his ex-wife filed at the Knoxville Family Justice Center in August 2022 is. Though it was rescinded in December 2023, the allegations in the document match Knox News' reporting about Pickens’ arrest.
In the order of protection, his ex-wife – whom Knox News is not naming because she was the victim of an assault – said Pickens physically assaulted her several times over two years. Their daughter witnessed the attacks, she said.
Pickens was arrested Aug. 15, 2022, the day his ex-wife filed the order of protection.
“Officer Pickens’ alleged actions are concerning and completely unacceptable, and we take those allegations seriously," Noel said in a statement the day of Pickens' arrest.
Allie Feinberg is the politics reporter for Knox News. Email: allie.feinberg@knoxnews.com; Reddit: u/KnoxNewsAllie
This article originally appeared on Knoxville News Sentinel: Noel's suspension spurs fired KPD cop to seek reinstatement | Exclusive
