Representatives from Akron’s police union say they want a positive working relationship with the city’s new Citizens' Police Oversight Board – but have made it clear they don’t think the board should conduct its own investigations into citizen complaints.
Board members invited Clay Cozart, president of Fraternal Order of Police Lodge #7, and the union’s labor representative Susannah Muskovitz to speak at the board’s regular meeting Wednesday night at the Akron Municipal Building.
Currently, members of the oversight board are developing its official rules and procedures. They’ve discussed whether the board can conduct its own investigations while the police department’s Office of Professional Standards and Accountability, colloquially referred to as internal affairs, is also investigating the same complaints.
The FOP’s opinion, Muskovitz said, is that this could violate the investigation rules in the collective bargaining agreement with the city.
Additionally, Ohio’s open records laws do not consider police investigations to be public record while the investigation is ongoing, she said. Investigations done by the board would be public, which could compromise them, Muskovitz added.
“You have no, sort of, protection that the investigation needs, the integrity the investigation needs, that is provided in Ohio to law enforcement agencies. And I think it’s a huge mistake,” Muskovitz said.
Muskovitz added that the board does not have the authority to interview or subpoena key people in the investigation, including the officer whom the complaint is filed against.
“We would go to court, and we would try to quash any subpoena and to stop that from happening, and we actually don’t want to go to court,” she said. “We don’t want to be adversarial with this board, because I think that there’s a proper role that this board can play.”
A “middle ground” is that the internal affairs investigators could update board members on their progress in the investigation, Muskovitz added. Board members could give feedback, such as suggesting additional interviews that may be needed, and review the investigation when it is completed, she said.
Board member Shawn Peoples, a former Canton police officer, said he felt as though Muskovitz and Cozart were trying to “intimidate” board members in their statements.
“I feel like we’re being told – ‘this is your place. Stay in your lane. Don’t cross it,’” Peoples said. “If you all stand up for the police officers, then we should be able to stand up for the community.”
Peoples agreed there is some “gray area” with the board not being able to access the same resources as the investigators, he said, but he wants the board to remain independent of the department’s investigations.
“We should have some say-so in the investigatory process,” Peoples said.
Both Muskovitz and Cozart apologized and said they didn’t intend to come across as intimidating.
“Don’t ever say that we didn’t, you know, give our perspective, or you’re surprised by what our perspective is. We’re just laying our cards out,” Muskovitz said.
“We actually feel as if you have a very valuable task ahead of you,” Cozart added.
Several residents who attended the meeting’s public comment period encouraged the board members to make their own decision about the board’s investigatory power.
“That was straight up intimidation, and I hope y’all took those comments to heart,” said Nick, who was identified by first name only. “They’re not here to advise you. They’re here to intimidate you.”
Board member Tristan Reed asked Cozart about Akron City Council initially failing to approve the nine-member board back in February due to the FOP’s opposition to Imokhai Okolo, a 27-year-old Black attorney who was originally nominated.
At that time, Council Vice President Jeff Fusco said he “made a commitment” to the FOP that he would not vote for Okolo due to the FOP's opposition of him. Several councilmembers followed suit and blocked Okolo’s nomination.
Cozart said he talks to councilmembers frequently about his opinion on various matters.
“This is supposed to be a board of citizens, but [Okolo’s] kind of an activist, a little bit. He does bring an agenda,” Cozart said. “I’m allowed to have my opinion just like any other American citizen.”
Board may hire temporary employees to help in auditor role
Board members also heard updates from the four individual subcommittees.
The human resources committee is looking into hiring temporary employees to help keep the complaint processes moving.
The police auditor, Phil Young, is currently unavailable to work due to a health issue.
In the meantime, Peoples is answering the complaint phone line and referring complaints to internal affairs. The board may hire a temporary administrative assistant for these processes, committee chair Beverly Richards said.
The committee will discuss its options over the next week and give an update when the full board is present.
The board is also planning a retreat event to get to know each other better in July. They're also planning a community event where residents can get to know them over the summer.
