Akron’s Citizens’ Police Oversight Board is once again trying to get its rules approved – this time, with a slight tweak.
The board unanimously approved a change to its rules Wednesday that makes it clear the board cannot force a member of Akron’s Fraternal Order of Police – the police union - to comply with a subpoena during a CPOB investigation.
The board added a sentence that Akron police officers’ “duties to comply” with subpoenas issued by the CPOB or police auditor “are voluntary.”
This was always the board’s intent, CPOB governance committee chair Bob Gippin said, but the addition of that sentence makes it clearer.
Under the city’s current contract with the police union, the board cannot force union members to testify if they don’t want to, according to city lawyers, Gippin added.
“We’re not giving up the subpoena power,” Gippin said. “What we’re saying is, at least as matters currently stand with the collective bargaining agreement with the FOP, we will not seek to exert that power … over the opposition of the officer who is being subpoenaed.”
Several city council members had questioned the subpoena power in a previous meeting in which they delayed voting on the rules.
They had also wanted to hear from an FOP representative before taking a vote.
Board member Brandyn Costa urged citizens to write to council members in support of the rules.
“There’s a certain faction of members of Akron City Council – I won’t name anybody in particular – who is making it incredibly difficult for this board to move forward in a meaningful way,” Costa said. “I would ask that you reach out to those members. I would ask that you advocate to the strongest possibility that they support this board.”
Assistant Law Director Brian Angeloni told board members during the meeting Wednesday that the police union’s attorney wrote to him that she is in favor of the new rules.
Council could vote on the rules as soon as this coming Monday.
If approved, the board plans to move forward with hiring a police auditor who would handle investigations into officer misconduct.
The auditor candidate, Anthony Finnell, visited Akron and met with city leaders last week. He also took part in a townhall discussion in which community members asked him questions directly.
One person questioned him about controversies at his previous jobs.
While working as an auditor for the Office of Police Accountability in Seattle, Finnell’s job performance was investigated after a whistleblower alleged Finnell was not looking into complaints thoroughly.
Finnell told audience members his office was overwhelmed with more than 18,000 complaints that year. He said in some cases, he did not find it necessary to review bodycam footage or other evidence before deciding whether to close a complaint.
Gippin said they’ve known about the allegations “literally since day one” and asked Finnell about them during the hiring process.
“We came away satisfied that his conduct concerning those Seattle investigations certainly gave, to put it mildly, gave no reason for us to not proceed to hire him as the auditor,” Gippin said. “These things are complex. We know they initiated with a coworker with whom he did not have good relations … no action was taken by the city authorities in Seattle.”
