POST Commission denies reconsideration request for former recruit with 2010–13 offenses

The Tennessee POST Commission on Aug. 29 voted to deny a request to reconsider a prior decision that had denied a waiver for Zachary Kyle Phan, an applicant whose record includes a 2010 conviction that was later amended to a DUI and a 2013 charge of contributing to the delinquency of a minor.

Phan and Williamson County representatives appeared before the commission. Phan acknowledged his past offenses, described the long‑term personal and professional changes he says he has made, and said he has spent the past two years serving as a detention deputy for the Williamson County Sheriff’s Office.

Commission discussion noted that the matter had been before the commission earlier in January and was denied at that time. Commissioners said there is no formal, published timeline for reconsideration requests and that the body has rarely overturned prior denials. One commissioner observed the seriousness of the underlying incident and said the facts presented could have supported a potential prison sentence; the speaker moved to deny the reconsideration request and Commissioner Russell seconded the motion. The commission voted to deny the request.

Commission staff and the Williamson County sheriff’s office described Phan as an exemplary employee in his recent role and said the agency had discussed the applicant’s history with him at hiring. The commission noted those positive factors in the record but nevertheless voted to deny reconsideration given the seriousness of the 2012 incident and the proximity to the prior denial.

Ending: The commission denied the reconsideration motion and the item will not be reheard in the near term; commissioners discussed establishing clearer reconsideration standards in the future.