Cleveland City Manager Janice CasteelCleveland City Attorney John Kimball has been saying for nearly a year that the city’s police policies are valid even though they have not been adopted by the City Council.
That’s the opposite of what his office said in 1997, when another question about police policies arose after detectives challenged a change in promotions procedures. The, the city attorney’s office and acting City Manager George Wood agreed with the detectives, saying the change was invalid since it had not been passed by the City Council as the city charter requires.
“Our current policies would need to be amended to accommodate this [policy,]” Wood wrote in a Sept. 4, 1997, memo to the council based on advice from the city attorney’s office where Kimball was employed. Wood added that the policy itself might be a good idea, but the council would have to vote to adopt it before it could take effect.
Kimball and City Manager Janice Casteel have acknowledged that the police policy manual used to fire or discipline officers has not been specifically adopted by the council. Both have said the council’s approval of the department’s application for accreditation by the Commission on Accreditation for Law Enforcement Agencies, a national group, was the equivalent of adopting the policies. A CALEA official has disputed that claim.
Contacted Saturday, Kimball first asked to see the memo but then said he did not want it emailed to him and said he had no comment.
Casteel also was emailed the documents Saturday but her response appeared to refer to an unrelated issue. Casteel said via email the memos “appear to be related to a ‘reclassification’ within our classification/compensation program.”
“As I recall, some detectives came before the Council asking that they be classified in a higher grade within our class/comp plan. The City Council had a couple of pay studies over the last 22 years or so and I believe this is related to the reclassification of existing detectives and the creation of a Lieutenant position. The City Council voted on individual reclassifications that were above what was recommended by the consultant,” Casteel wrote.
The 1997 memo and related documents did not mention pay studies or consultant recommendations. They concerned a plan by then-Police Chief Lee Reese to change detective promotions. Upset officers filed a grievance and the department had to backpedal and give back pay to five detectives. A series of memos among Reese, Woods and personnel director Jeffery G. Davis outlines how the City Council voted to approve a classification for detectives and the promotion of one detective to lieutenant, as well as the detectives’ back pay.
Casteel, who as city manager has responsibility for hiring, firing and discipline of city employees, was copied on each memo.
Officers and their attorneys say a similar situation is taking place now, since Casteel has based disciplinary actions including terminations on policies not voted on by the council.
Cleveland attorney Jimmy Logan, who represents at least two officers who recently appealed discipinary action, said it is time for the council to consider CPD’s policies.
“The time is here for all interested parties to sit down and make decisions together that are in the best interest of our community and our valuable and valued employees,” he said.
Logan believes that the appellate disciplinary process also needs to be examined, as the same city manager who signs off on initial decisions also hears employees’ appeals of those decisions.
“My hope and belief is that city manager and the council will be able to bring these matters to a conclusion that will not result in unnecessary and greater harm,” Logan said.
Contact staff writer Kendi Anderson at kendi.anderson@timesfreepress.com or 423-757-6592.