Changing city charter won’t trump police union contract

Even if Columbus voters approve a city charter amendment in November creating a citizen police oversight board, that still won’t trump the officers’ union contract and its requirements for internal misconduct investigations and discipline.

“That’s the reality,” Lara Bakermorrish, chief counsel with the city attorney’s office, said Wednesday during a virtual public hearing on changes to the Division of Police.

Mayor Andrew J. Ginther said during a news conference Monday announcing the decision to put a charter amendment on the ballot that a citizen review board “is critically important to have the oversight, accountability and transparency that the people of Columbus are demanding.”

While Ginther said some changes could be made without the Fraternal Order of Police’s blessing, and others would be subject to negotiation, neither he nor other officials at the news conference explicitly said the union must agree for the panel to go beyond a purely advisory role.

“As it exists right now, because of the FOP contract, the final say on discipline lies with the chief of police and the public safety director,” Baker-morrish told council.

That leaves the proposed citizen oversight and its appointed inspector general to essentially conduct parallel investigations of the division’s Internal Affairs office and make independent recommendations to the police chief on discipline.

But “the ultimate decision as to actually implementing discipline would still at this point in time lie within the division, specifically within the chain of command, the chief of police,” Baker-morrish said.

The board would serve as a “placeholder” for how a citizen panel might someday take over the process of police oversight, and its powers could expand if the contract terms were to change, Baker-morrish said.

While the commission would have subpoena power, its subpoenas for witnesses and records would be approved by the city attorney “to assure the legality,” including whether the union contract permits them and that constitutional protections against self-incrimination are upheld, Baker-morrish said.

“There is a belief that there will be a relationship between the board and the Division of Police such that the division has an understanding that it is required to make available its records,“Baker-morrish said.

Asked by email if Ginther is concerned that voters would be creating a fully funded and staffed department that could indefinitely remain relegated to giving only recommendations, mayoral spokeswoman Robin Davis said that “to suggest that absent the ability to discipline officers the board is powerless is false,” and that making recommendations is an important first step.

“If voters approve the amendment in November, we will build on it through negotiations with the FOP,” Davis said.

“Our hope is that the union will recognize public support for civilian oversight and accountability and work with the city to allow the board to issue discipline. The charter amendment is an opportunity for residents to show that support.”

“We are much more concerned that a future mayor or city council will choose to undermine the review board and cut funding and staff,” which would require a new ballot measure.

The inspector general, who would conduct the investigations, would be appointed by the oversight board, with the confirmation of the mayor. Once in the job, that person would operate independently of the mayor and division.

In other business, council member Emmanuel Remy said the council would consider in the near future an ordinance restricting police no-knock search warrants. They could no longer be used except in connection with a potential third-degree or higher felony and never concerning a marijuana offense or at any location where children are known or thought to be, Remy said.

Remy said the council is set to propose that the police chief will ultimately be responsible for no-knock searches — where officers break through a door and rush in — and must pre-approve each one. The location must undergo at least two hours of surveillance beforehand, and only people reasonably needed to execute a warrant can participate and must wear body cameras, starting in December.

Officers would generally be required to knock in a manner that can be heard, announce themselves as law enforcement, and wait 15 seconds before entering, Remy said the new ordinance would require.

Also, legislation requiring officers to self-report any affiliations with hate groups and to create a list of banned military equipment, while restricting the use of other equipment, will be given a vote in coming weeks.

“Mostly what we’re seeking is highlevel clearance for the use of this kind of military equipment,” Councilmember Elizabeth Brown said. bbush@dispatch.com @Reporterbush