When Akron Mayor Shammas Malik announced earlier this month that his administration believes it cannot legally hire the next police chief from outside the Akron Police Department, it guaranteed that all or most of the candidates for the position would be white.
The Black Elected Officials of Summit County – led by Akron City Council Member Linda Omobien, Summit County Clerk of Courts Tavia Galonski, State Sen. Vernon Sykes, and former Akron Board of Education President N.J. Akbar – released a letter on Wednesday taking issue with the plan.
“BEOSC members are disappointed in the way the searches for the Police Chief and the Deputy Police Chief are going,” stated Omobien in the letter, which was first reported by the Beacon Journal. “Akron is at a pivotal moment in our history where we thought we were in a position to see meaningful change in our Akron Police Department.”
On March 4, Malik announced that his widely publicized national search for Akron’s next police chief was shut down after city lawyers discovered a state law they believe requires them to hire for leadership positions from within. Although Akron is a “home rule” city that can adopt and enforce rules that supersede state law in many instances, there is no language in the charter that overrides the state law in this situation.
Malik highlighted ORC 124.44 which says, in part: “No positions above the rank of patrol officer in the police department shall be filled by original appointment. Vacancies in positions above the rank of patrol officer in a police department shall be filled by promotion from among persons holding positions in a rank lower than the position to be filled.”
Malik and the law department’s legal interpretation means the pool of candidates is significantly limited. If the department’s two deputy chiefs – Acting Chief Brian Harding and Jesse Leeser, both white men – apply, Malik believes the job legally has to be offered to one of them. If only one or neither of the deputy chiefs applies, then captains can be considered. Akron has one Black captain, the BEOSC said.
At the March 4 press conference, a reporter asked Malik if Harding and Leeser apply for the chief’s job, does that mean “nobody else can apply?”
“Yes,” Malik responded.
“That doesn’t give you any opportunity for a minority candidate,” the reporter said. “Does it?”
“It does not.”
Malik said he extended the deadline for applications two weeks – through March 18 – to give internal candidates more opportunity to apply. The finalists have not been announced. (Signal Akron submitted a public records request today for application materials from those who applied for the job.)
The mayor also floated the possibility of pursuing a charter amendment on the November ballot “that could clearly define the city’s authority with regard to hiring externally” while keeping Harding as acting chief until then. “I don’t think it’s wise or desirable to wait until November or longer to fill this role permanently,” Malik said. “So we have decided to move forward with an internal-only search, considering candidates from within the Akron Police Department.”
Recommendations to remove practices that impede Black progress
On Wednesday, the BEOSC urged Malik to do three things:
1. Pause the searches for police chief and deputy chief.
2. Seek free advice from the Ohio Attorney General’s office before proceeding.
3. Seek a charter amendment before resuming the searches in order to have the most diverse pool possible, if the legal advice stands as is.
“The BEOSC recommends that Mayor Shammas Malik remove the structural practices that have made it impossible for Black and other underrepresented officers to move up through the ranks of the Akron Police Department,” the letter stated, adding that, in addition to having only one Black captain, the ADP has only one Black lieutenant and only nine Black sergeants.
“This means only 11% of the current department’s leadership is Black. With the barriers in place, it would take 20-30 years for the department’s top leadership to become truly diverse. This calls for an immediate course correction.”
According to the U.S. Census Bureau, Akron’s racial makeup is about 57% white, 29.5% Black, 7.5% bi- or multiracial, 4.5% Asian and 3.4% Hispanic.
Signal Akron has not been able to reach Omobien for comment.
Malik’s spokesperson Stephanie Marsh said the mayor received the letter this morning and they are currently reviewing it.
“We thank the Black Elected Officials of Summit County for sharing their thoughts and will respond to their letter once we’ve had a chance to fully review,” she said.
