The national search for Akron’s new police chief is over – not because Mayor Shammas Malik has hired someone, but because he discovered he can’t look nationally for a candidate.
The city’s law department recently found a state law that makes hiring a candidate from outside the ranks of Akron unlawful and punishable by removal from office, Malik said during a Monday news conference.
“This came as a surprise to me,” Malik said. "When there is a vacancy above entry level in safety forces, that must be filled internally."
Akron’s previous two police chiefs were external candidates, he said, and former mayors may have done national searches without knowing the law.
"I do believe that previous administrations were, previous administrations were acting on the best understanding that they had at the time,” Malik said.
The Ohio Revised Code Section 124.44 states: "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."
The city's lawyers discovered the provision when they were looking into hiring a new fire chief. Chief Joseph Natko announced Monday he plans to retire March 22.
Malik had initially wanted to “cast the widest net possible” in the search for a new police chief and said narrowing the search to internal candidates “isn’t ideal.”
While he’s “confident” that there are qualified candidates in the department, the state law is strict about who can apply, he said.
“Basically, if only one person at any rank - and this could be for lieutenants or captains or whatever role you're filling – but if only one person is able to apply and applies from that rank, you can go down to the next rank. If more than one person applies, then you can't consider the lower ranks,” Malik said.
Akron has two deputy chiefs, currently the highest-ranking position in the department: Brian Harding, who is serving as interim chief, and Jesse Leeser.
If both of them apply for the job, no one else can be considered, Malik said.
“It is our understanding that if multiple deputy chiefs apply, we will not be able to consider captains,” the mayor said.
Malik will not disclose who has applied until the applications close in two weeks, he said.
Malik and his team intend to put a charter amendment on the November ballot that would clearly allow the city to hire external candidates, he added.
Currently, the city charter requires “…filling of the higher grades, so far as practicable through promotion.”
Since the beginning of the police chief search, some community members have called on the mayor to hire an internal candidate. At a January town hall discussion, several attendees advocated for hiring from within and were met with applause from dozens of other attendees.
One individual dressed up as Chase, the police dog in the children’s television show, "Paw Patrol," and held up a sign calling for officials to hire an internal candidate to save taxpayers' money.
The change to the search will not delay the process, Malik added at the Monday press conference. He expects to hold two more town hall discussions with candidates and make a decision within the next two months.
City officials will now notify external candidates who had already applied for the job that they will no longer be considered, he said.
Following his retirement, Fire Chief Natko will serve as the new assistant to the mayor for emergency management. Deputy Chief Steven Kaut will serve as interim chief.
