Akron voters are considering Issue 10, a charter amendment that would create a civilian police oversight board.
While city council already approved in September, Issue 10 would supersede this board and be permanently codified in the city鈥檚 charter.
The nine-member board proposed in Issue 10 would review police misconduct complaints and give input about how the department can improve. The proposal would also strengthen the role of the city鈥檚 police auditor office.
Community members gathered more than 7,000 signatures on a petition this summer to get the review board on the ballot.
It reflects the police reform Akron residents have been wanting to see for years, said Akron NAACP President Judi Hill, who worked on Issue 10.
鈥淭his is the power of democracy at its best 鈥� that individuals put this on the ballot, that individuals collected signatures, that individuals can vote on it,鈥� Hill said.
Calls for police reform in Akron were reignited this year after eight Akron police officers fatally shot and killed Jayland Walker after a car and foot chase in June. Walker, who was unarmed when he died, , according to the Summit County Medical Examiner.
Hill has been in conversations with city leaders about implementing a civilian review board for years, she said.
鈥淚 don鈥檛 want to talk about promises anymore. I鈥檝e been made promises, and I now am moving toward solution-building, and I see this as a solution for our community,鈥� Hill said.
Who supports and opposes Issue 10?
In addition to Hill, Ray Greene Jr., president of the Freedom BLOC activist group, supports Issue 10.
Ward 8 Councilman Shammas Malik and At-Large Councilwoman Linda Omobien have also expressed their support.
It's garnered some opposition from city leaders, including Mayor Dan Horrigan, who
The main criticism from Horrigan and others is whether the board will conflict with the city鈥檚 contract with the Fraternal Order of Police (FOP), the police union.
The specific language in question is that the board can 鈥渃onduct investigations鈥� and 鈥渃ompel testimony鈥� and 鈥減roduction of documents.鈥�
Investigations currently are handled internally by Akron Police or referred to state or federal officials, like in the Walker case.
鈥淎 board that investigates of its own accord and has subpoena power - both of those things lend themselves to investigations that we believe would be outside of the collective bargaining agreement process,鈥� said Emily Collins, strategic advisor to the mayor. 鈥淭hat is a problem.鈥�
The petition states that 鈥渙versight shall include 鈥� the investigation of alleged misconduct by members of the Division of Police鈥� and says the board and the Office of the Police Auditor could 鈥渙n its own initiative conduct investigations of the operations and policies of the Division of Police.鈥�
Councilman Malik, who helped craft the charter amendment, said 鈥渋nvestigation鈥� is a broad term.
鈥淚nvestigation could mean 鈥� investigate the policies and practices around traffic stops, right?鈥� he said. 鈥淚 don鈥檛 believe that would violate the collective bargaining agreement.鈥�
Malik added that if there is a provision in the charter amendment that indeed conflicts with the collective bargaining agreement, it could not be permitted.
He also said that provisions in the charter amendment state that they are 鈥渟ubject to the restrictions of federal and state law.鈥�
Judi Hill at the Akron NAACP added that the board will be tasked with defining its investigative authority.
鈥淲hen that committee gets together, that鈥檚 one of the first things that they need to define, is what that investigation power looks like for them, what all of this looks like under the guidelines of city contracts, state and federal [laws],鈥� Hill said. 鈥淚 don鈥檛 know why they don鈥檛 believe people 鈥� that want to be a part of it, would know what to do. I have faith in the individuals that want to.鈥�
Jeff Fusco, Vice President of Akron City Council, has also been a vocal opponent of Issue 10.
He to the ballot measure several weeks before the election.
Fusco, like those in the mayor鈥檚 office, does not think the board should be able to conduct its own investigations.
鈥淭hat鈥檚 going pretty far, I think, for a civilian oversight board, to be able to do that - to basically subpoena folks in and conduct investigations when they don鈥檛 have the adequate training to do that,鈥� Fusco said.
Fusco is also concerned that Issue 10 could be held up in court, which could waste taxpayer dollars.
鈥淭his is going to put Akron in harm鈥檚 way, our budget in harm鈥檚 way,鈥� Fusco said. 鈥淲e鈥檝e had court litigation that lasted years and years and years, and cost taxpayers hundreds and hundreds of thousands of dollars. Those hundreds and hundreds of thousands of dollars could have went to better policing.鈥�
What鈥檚 in the charter amendment?
The review board would be made up of nine individuals. Six would be appointed by city council and three by the mayor.
The amendment recommends that at least one member have law enforcement experience, but it鈥檚 not required, Hill at the Akron NAACP said.
The proposal encourages members to be from Akron鈥檚 faith-based communities, have experience in mental health services and work with underserved populations. It also recommends diversity in age, race and sexual orientation.
Having no specific requirements allows for flexibility, Hill added.
鈥淭he more constraints that you put in the framework, the harder it is for individuals to apply,鈥� Hill said. 鈥淚 really don鈥檛 believe that with anything we proposed that we want to tie the hands of the administration. We are really trying to hold the hand, to be that extra hand to move the needle so we can create this better place that we all want.鈥�
It is possible that the board would not have someone with a police background due to it not being required, she added. But, she鈥檚 confident there will be someone on the board with a law enforcement background.
鈥淭here are individuals who would be willing to serve, who have great ideas, who, as a police officer or a law enforcement official, probably because they were under the constraints of a union or whatever, would not bring forth their ideas 鈥� but this would give them the opportunity,鈥� Hill said.
The board does not require or recommend any specific training about working in law enforcement.
Hill added that citizens, not police, should be the priority on this board.
鈥淚 don鈥檛 want them to be attorneys; I want them to be citizens. I don鈥檛 want them to be police; I want them to be citizens who have a vested interest in moving us forward,鈥� Hill said. 鈥淚f we continue to do what we鈥檝e always done, we鈥檙e going to always get what we鈥檝e always got. We鈥檝e got to do something different, and I think this provides a good balance.鈥�
If Issue 10 fails, city council has already approved a different civilian review board 鈥� an 11-member board - that does not mention conducting its own investigations.
That review board was created by an ordinance, so it can be adjusted by future legislation.
The long-term goal of the ordinance was to put a charter amendment before voters in November 2023 to codify it in the city鈥檚 charter, Horrigan said in the initial proposal.
