State and Local Restrictions Create a Police Chief Hiring Challenge

For most police chief searches, the process is pretty straightforward. If so inclined, the city manager or Mayor just picks the police chief from an internal candidate pool. Usually, though, the job is advertised, and internal and external candidates apply. However, the hiring authority has no choice in some states and cities as the candidate pool is limited to internal candidates only.

For example, the City of Akron’s recent announcement that it will only consider internal candidates for the next chief of police highlights a significant challenge posed by a little-known state law. This law mandates that all vacancies above the entry-level in safety forces must be filled internally, a revelation that surfaced during legal consultations. Akron’s decision brings several challenges and considerations regarding local governance and police administration to light.

Legal Restrictions and Local Governance

The primary challenge stems from the legal straitjacket the city finds itself in due to state law. While the city charter usually allows some leeway, stating that promotions should occur internally “whenever practicable,” it does not conflict significantly enough with state law to provide any room for maneuver. This legal backdrop restricts the city’s ability to select its top officials based on a broader search, potentially limiting the pool to less experienced or less suitable candidates who happen to already be within the department.

Impact on Leadership Quality

One significant concern is the potential impact on the quality of leadership. While promoting internally can have great benefits, such as improved morale and a reward system for department loyalty and experience, it can also lead to a lack of new ideas and practices that an external candidate might bring. This is particularly pertinent in police departments, where external hires can effectively introduce innovative practices and reforms that address local law enforcement challenges.

Additionally, there may be occasions when the department is dysfunctional and needs a change agent from the outside. This change agent is rarely found inside the department.

Of course, there may not be any qualified candidates internally either.

Limits Diversity of Candidate Pool

Another problem with limiting the pool to internal candidates is it may limit the diversity of the pool of candidates if the internal pool is not very diverse.

The Black Elected Officials of Summit County expressed this very concern when asking for the Akron police chief search to be put on hold until a charter amendment could be adopted.

In a Boston suburb of Revere, a local ordinance limits police chief candidates to internal ones, which happen to be all white. US Attorney Racheal Rollins says the local ordinance may be in violation of the 1964 Civil Rights Act of 1964 as it may discriminate against otherwise qualified minority candidates.

Past Precedents and Present Limitations

In Akron, the revelation about this law surprised Mayor Malik and others in the administration, especially considering that Akron had successfully hired external candidates for this very position in the past. Previous chiefs like James Nice and Steve Mylett were external hires who presumably brought fresh perspectives to the role. The current legal constraint marks a stark departure from these practices, raising questions about the flexibility and adaptability of city governance under rigid state mandates.

Potential for Legal and Political Consequences

The risks of non-compliance with the state law in Ohio are severe. The law’s enforcement could lead to the removal from office of any city official involved in appointing an external candidate, a penalty that Mayor Malik is understandably keen to avoid. This threat of legal repercussions adds a layer of political risk to any decision-making process related to appointments, potentially stifling innovative or bold leadership choices.

Conclusion

Akron’s situation clearly shows how state laws can significantly impact local decision-making, particularly in crucial areas like public safety. While the intention behind such laws may be to ensure stability and continuity within departments, they can also inadvertently hinder cities’ ability to govern effectively and respond to local needs.

Mayor Malik has named Deputy Chief Brian Harding as the sole finalist for police chief in Akron. Harding has recently served as the Interim Police Chief. Although this selection seems to be concluded, the broader implications of such legal constraints remain a topic of concern and debate among local officials and the community they serve.