Policy and Ethics
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Chapter.3.Akiko.TrustYourGutorGoWithTheFlow.pptx
Trust Your Gut or Go With The Flow?
The Hiring of a New Police Chief –
What’s a New City Manager to Do?
Presentation by Susie Akiko Ross
The Main Ethical Issue
Is it ethical for a city manager to rely upon a politically-motivated Advisory Panel, even when he knows the process is likely going to approve an inappropriate candidate for a non-political position?
City Manager Jack Ellis hired on 4/3 split vote of Mayor Marvin Morris & Council.
Not the Mayor’s choice for City Manager.
Mayor’s choice was the Deputy Police Chief, Bob Collins.
Ellis is the youngest City Manager in the State, fresh out of graduate school.
Ellis is the second City Manager for Woodside, a city of 10,000.
Ellis is the first professional City Manager for Woodside.
Mayor gives him six months to prove himself because Ellis was not his choice for City Manager.
Background of City Manager’s Hiring by Woodside
Woodside History
Mayor Marvin Morris is described as a “white bigot.”
Mayor Morris’s friend is Deputy Chief of Police, Bob Collins, also a “white bigot.”
Current Police Chief is Ronald Grover, a “large African American.”
Woodside is 65 % black, 10% Hispanic, 25% white.
21-member police force: 18 white men, 3 black men, no women, no other minorities.
No Civil Service System.
Many believe Mayor Morris chose Chief Grover to “dispel his white bigot image.”
Mayor Morris and Chief Grover constantly “butt heads.”
The Brewing Storm
Mayor Morris created position of Deputy Police Chief and hired Collins to watch over Grover.
Chief Grover had no input into position or hiring of Deputy Chief Collins.
Deputy Chief Collins is more experienced and credentialed than Chief Grover.
Rift in Department and Community over hiring of Deputy Chief Collins.
Community likes Chief Grover, who is outgoing and sociable.
Community does not like Deputy Chief Collins, who is seen as “stern and gruff.”
Mayor Morris wanted Deputy Chief Collins as City Manager, but Ellis was chosen instead.
The Precipitating Incident
Mayor Morris is unhappy that the Council voted for City Manager Ellis, not Collins, on a 4/3 split vote.
Mayor Morris is on a mission to get rid of Chief Grover and replace him with Collins.
Mayor Morris is assisted on this mission by 3-member minority of City Council.
City Council unhappy with City Manager Ellis, reminds him he works for all of them.
Chief Grover then requests 2-month leave to care for terminally ill mother.
City Manager Ellis grants the request, infuriating Mayor Morris.
Mayor Morris gets the Council to override the request, taking away the leave time.
Chief Grover quits, a new Police Chief needs to be hired.
The Hiring Steps for a New Police Chief
Mayor wants Deputy Chief Collins promoted.
Ellis believes that neither he nor the community would accept Collins as Chief.
Any appointment has to be confirmed by City Council.
Council did not approve Collins as City Manager, unlikely to approve him as Chief.
National search instituted, 200 applications come in.
150 applicants eliminated as not qualified, 10 selected for interviews.
First hiring decision for City Manager Ellis.
City Manager Ellis decides to form Blue Ribbon Advisory Panel for the interview.
The Blue Ribbon Advisory Panel
City Manager Ellis forms blue ribbon advisory panel consisting of:
2 council members
1 vocal community activist
1 neighboring police chief
1 state police captain
1 representative from the prosecutor’s office
2 members of local civic groups
The City Attorney
City Manager Ellis believes the Panel is not a public body, and the interviews before the Panel are not therefore a meeting under the open meetings act.
The Panel Interviews
| Applicant | Panel’s Reaction | City Manager’s Reaction |
| Deputy Chief Collins, the “courtesy” choice. | Not really impressed. Not likely to be confirmed if chosen. | Meh. Knows he likely would not be confirmed, and that community does not want him. |
| William Carson, a police chief from another state, possessed tact and leadership. | Satisfied, but unenthusiastic. Nothing catches their attention about him, but know he is qualified. | First choice. Gut told him this was best choice for City. He does not discuss his views with Panel. References checked. |
| Orson Cobb, a police chief of 3 years elsewhere, and former captain of South Chicago precinct for 8 years. Flashes awards & boasts about his career. | Very Impressed by the showmanship and the credentials of the “big city” cop. | Flashy, “door-to-door salesman.” Gut told him something was not right. He kept his concerns to himself. References checked. |
Disaster Strikes
The Blue Ribbon Panel recommends Orson Cobb. City Manager has serious misgivings about Cobb, but does not share them with the Panel.
City Manager Ellis ignores his gut, and goes with the flow, hiring Orson Cobb, the Panel’s choice.
City Council confirms Cobb on the expected 4/3 split vote.
Cobb’s old community discovers Woodside hired him, and the media asks questions about sexual harassment lawsuits, drinking on duty, accident in city vehicle in a section of town frequented by prostitutes, secrecy of hiring process.
Local media headlines the scandals for 2 weeks, pointing out the secrecy in hiring & lack of background investigation. City is placed in a bad light when Cobb’s past actions are revealed.
Chief Cobb is condescending, abrasive, negative, lazy, and alienates nearly everyone. He fails to perform competently.
Chief Cobb lasts 6 months before City Manager has no other choice but to terminate him.
Stakeholders and Perspectives
| Stakeholders | Perspectives |
| City Manager Jack Ellis | Wants the best candidate for new Police Chief, but is concerned about the Mayor and the Panel’s choice of candidate. Believes that the Panel’s choice has several red flags, but also believes that a consensus decision may be the correct path to take. He thinks his only choice is the hire the Panel’s choice of candidate. |
| Mayor Marvin Morris | A white bigot, Mayor Morris wants another white bigot friend as police chief, not concerned that others do not like his personality or attitude, not concerned that the community is majority non-white. |
| Deputy Police Chief Bob Collins | Wants to be police chief, unconcerned with the community’s opinions about him. |
| Police Chief Ronald Grover | Was liked by the community, but disrespected by the Mayor and Deputy Police Chief, but he would want what best serves the needs of the community. |
| 7- member city council | The council was split 4/3 on the hiring of Deputy Police Chief Collins and City Manager Ellis. The minority side with the Mayor on decisions, and they are NOT politically neutral as their job includes confirmation of certain positions. |
| Blue Ribbon Advisory Panel (as a whole) | They were all impressed with the flashy candidate who boasted about his achievements, and they see a chance to hire a “big city” cop for their 10K population. They each have separate interests, and the council members are likely politically motivated. |
| Blue Ribbon Advisory Panel – 2 council members | They have their own political agendas, and side with Mayor Morris or with City Manager Ellis. |
| Blue Ribbon Advisory Panel – vocal community activist | This activist wants a Police Chief that would best represent the community and is taken in by the awards Candidate Cobb shows them. |
| Blue Ribbon Advisory Panel – police chief from neighboring district | He wants a solid choice for police chief and is persuaded by the “big city” choice that wants to police a small community. |
| Blue Ribbon Advisory Panel - state police captain | He wants a solid choice for police chief and is persuaded by the “big city” choice that wants to police a small community. |
| Blue Ribbon Advisory Panel – Prosecutor’s office representative | He wants a choice that will go after criminals, and Cobb’s awards persuade him he is the right choice. |
| Blue Ribbon Advisory Panel – 2 members of local civic groups | They have their own reasons for wanting their choice, but it does not mean they are looking for the best choice for the community. |
| Blue Ribbon Advisory Panel – the City Attorney | The city attorney wants a “law and order” cop, and the awards that Cobb has are persuasive. |
| William Carson, candidate for Police Chief | Quiet and unassuming. Possessed tact and leadership, and he wanted the position of Police Chief. |
| Orson Cobb, candidate for Police Chief | He wants the position of Police Chief, but has a hidden agenda that the Panel did not discern. |
| Local community | They want a police chief who represents their community well, and were unhappy that the interviews were closed. They also want a well-functioning government that is transparent and accountable. |
| City government employees | They want a well-functioning government, so want a Police Chief that can assist in that regard. |
Municipalities & Advisory Committees
According to the Florida Municipal Officials’ Guide, under the council-manager form of government, the City Manager is the chief administrative officer, and the Council is supposed to refrain from interfering in personnel matters. The City Manager is non-political, and he is the one who makes recommendations to the Council, and it is the Council who hires (and fires) the City Manager. This is not a function of the Mayor. The Mayor, City Manager and the Council are subject to the Code of Ethics as codified in the Florida Statutes and discussed in some detail in Florida’s Code of Ethics for Public Officials and Employees. (Florida Municipal Officials’ Manual 2013; Guide to the Sunshine Amendments 2019)
In Florida, a municipality can establish advisory committees to provide expertise in certain areas, and it is usually the Council which sets up these advisory committees, which should include community citizens and council members, but which only address a specific issue and are just advisory in nature. The advisory committee is subject to Florida’s open meetings and public records laws, however. (Florida Municipal Officials’ Manual 2013) The members of any advisory committees are also subject to the same Code of Ethics if they are government officials. (Guide to the Sunshine Amendments 2019; Florida Municipal Officials’ Manual 2013) This means that the City Manager, the Council, and the Advisory Panel members who are public officials are also required to avoid conflicts of interest and not use their positions to benefit to them, but instead uphold the public trust in addition to following the laws. With regard to meetings of advisory committees, such as the Blue Ribbon Advisory Panel in this case, Florida requires that those meetings be open to the public. (Guide to the Sunshine Amendments 2019)
Ethics for Leaders
As the Society of Human Resource Management’s (“SHRM”) Code of Ethics points out, ethical leaders question actions whenever necessary to determine that the actions and the results are ethical, and if they are concerned if a particular situation is ethical, they look for expert ethical guidance to help them. (Society for Human Resource Management Code of Ethics 2018). The American Society for Public Administrators (“ASPA”) has a Code of Ethics advising that ethical officials consider every relevant standard or value in situations and are committed not only to uploading the letter of the law, but also the spirit of the law. The public’s best interest should come first, and a good City Manager has to be ready make decisions that may not be popular with everyone. (Practices to Promote the ASPA Code of Ethics 2013) Additionally, the ICMA offered an article regarding the interplay between the police and the city management, and pointed out that good police departments are legitimate and build trust in the community while a good city manager makes it a priority to assure the community that the government cares about them, particularity in communities of color. (Police, the Community, and the local Government Manager 2015)
Similar Hiring Circumstances
This is not the first time a city has used an advisory committee when faced with the hiring of a new Police Chief. While I did not locate a Florida city where this happened, a similar issue arose in November 2017, when Dixon, Illinois, a city that also had a council-manager form of government, was hiring a police chief. The city manager and council formed an advisory committee that consisted of police chiefs, city leaders, and other stakeholders, to assist in the hiring of the new police chief in an open and transparent way. (Police Chief Selection Process 2017) South Fulton, Georgia, which also has a council-manager form of government, also used an advisory committee to hire a new police chief. The difference with South Fulton is that although their candidates had been vetted by other police professionals from other divisions or departments, the Council and some members of the advisory committee determined that although some candidates appeared to be vetted properly, they wanted a police chief who had been a police chief elsewhere first, which resulted in their rescinding their first offer and making a second offer to someone else. (Kass 2018)
Neither of these two municipalities faced a situation wherein the advisory committees met secretly to interview police chief candidates, and neither municipality appeared to be bound to the recommendations of their committees. In my case, City Manager was under pressure from Mayor Morris to perform, under pressure from the Councilmembers to remember that he worked for them, and under perceived pressure from the community to hire a police chief that was the best fit for their minority-majority community. As he was a recent graduate, he also likely put a lot of pressure on himself to make an ethical choice while balancing competing needs. Once he had hired Orson Cobb without first discussing his concerns with the Advisory Panel, it was too late for him to turn back.
Expert – William Horne, II Clearwater City Manager
B.S. – Chemistry (University of Tulsa, 1971)
M.S. – Human Resources Management (Pepperdine, 1976)
M.S. – Political Science (Auburn, 1982)
1993 to 1995 - Commander of Yokota Air Base, Japan
1995 to 1998 – Director of Manpower, Personnel & Administration, MacDill Air Force Base, FL
1998 – Retired from the United States Air Force
September 1998 – Clearwater General Services Administrator
May 1999 – Clearwater Assistant City Manager
July 2000 – Clearwater Interim City Manager
August 2001 – Clearwater City Manager
Chief Administrative Officer with responsibility for all departments, except the City Attorney, and reports directly to the City Council. Responsible for 1830 employees, and annual budget of $567 million.
My Expert Meeting of March 20, 2019
I met with my expert on March 20, 2019 and learned that he had hired two police chiefs in his career as Clearwater’s City Manager, and he was able to walk me through his hiring process, as well as discuss the main ethical issue with me. We also discussed the sub-issues that affected this hiring decision, and generally conversed about ethics and the need for government employees to adhere to the guidelines in order to demonstrate ethical leadership. We talked about this situation, and the ethics of the hiring process, the choice, and how to avoid similar situations in the future.
Discussion of Main Ethical Issue
As a reminder, the main ethical issue was: Is it ethical for a city manager to rely upon a politically-motivated Advisory Panel, even when he knows the process is likely going to approve an inappropriate candidate for a non-political position? My expert said that while there was nothing inherently wrong in setting up this particular Advisory Panel, it did not give the perception of impartiality. After further dialog, we both determined that while not strictly unethical per se, it was inappropriate and would be viewed as unethical. Technically speaking, advisory committees are supposed to provide expertise that is otherwise lacking, and here, there were too many competing agendas among the Panel members, despite their unanimous choice of Candidate Cobb.
It was clear from a reading of the case that the Panel members were persuaded by a razzle dazzle show put on by Candidate Cobb, a show designed to mask his inadequacies and issues. As the City Manager described him as a “flashy,” door-to-door salesman type, he could have made sure the Panel asked questions during the interview designed to flesh out Candidate Cobb’s flaws. This did not happen, and it turns out that the City Manager’s gut feeling about Cobb was the correct one. If the City Manager had not been so consumed with trying to please everyone, he would have made an ethical decision to avoid hiring Candidate Cobb, even when he knows it will go against the popular opinion of the Panel.
Two sub-issues: Makeup of Panel, Open Meeting
We discussed the makeup of the Advisory Panel, and it is here that a sub-issue arose: was it ethical for the City Manager to include Council members on the panel as they had confirmation duties once a new Police Chief was chosen? He did not believe that Councilmembers should have been involved in the process because they had confirmation duties, which meant they had an interest in the outcome, which to the community, could appear to be a conflict of interest. In Clearwater, the City Council has no such role in confirmation, so this is not an issue that would arise here.
The next sub-issue was whether it was ethical for the City Manager to determine that the advisory panel was not a public body in order to declare the meetings closed and avoid the open meetings act. In the opinion of the expert, the closed interviews were fine because it was just an Advisory Panel, but when I directed him to the relevant portions of the guidelines and statutes, and asked if this Advisory Panel was any different from an advisory committee, he stated that in this case, the interviews should have been open to the public due to Florida’s laws. We then discussed that while background checks were performed, background investigations were not, which led to the next sub-issue: was it ethical for the City Manager to fail to do a comprehensive background check on each of the three candidates for the replacement position? We determined together that it was not ethical to skip this step because, as I have stated earlier, the police department must be seen as legitimate and trustworthy in the eyes of the public. Candidate Cobb’s past issues and lawsuits would have been discovered, and the disaster averted if the background investigation had been conducted.
Two sub-issues: Trust your Gut? Go with the Flow?
The next two (and last) sub-issues involving this hiring decision are: was it ethical for the City Manager to hire the choice of the advisory panel just because it was their unanimous choice and was it ethical for the City Manager to hire the choice of the advisory panel without first discussing his concerns about their choice with the Panel? In answer to both questions, my expert said, “no.” He said the City Manager had an ethical obligation to make sure the Panel had all the facts, and that those facts could not be developed if the City Manager failed to point out problems in the interview. Also, as the Panel was just advisory, the City Manager was under no ethical obligation to hire their choice because the hiring decision was his alone until confirmation. My expert said that the City Manager should have stood up and “laid out his case” for the candidate of his choice and shown how the choice was a better fit for the community.
Is There a Better Process?
I asked my expert what a better process would be, and he explained that when he last hired a police chief, he held closed interviews with 12 candidates who had undergone a thorough background investigation. When there were 3 candidates on the short list, he advised the community there would be an open meeting. Each of the 3 candidates were placed in a separate room, and the public rotated through the room, asking questions. The public then completed written feedback forms and listed their choices in order. Using that information, my expert then narrowed it down to the final 2 candidates. At this point, he went to their respective states and cities, talked to the Human Resources personnel at their then-current jobs, and set up meetings open to the community to talk to the community about that community’s candidate. Once that was done, he met with the City Council about his hiring choice, and then held a meeting in Clearwater that was open to the community. While this may have seemed to have been a lot of steps, the job of Police Chief is crucial to the community, and he wanted to avoid issues and turnover. That particular hire worked for Clearwater for years until he was lured away to St. Pete’s police department!
I also researched other cities, and found that Phoenix, Arizona used a community survey when they were recruiting for a new police chief, attracting 1,229 participants in three-week time span, most of whom were Phoenix residents, and half of whom were employed in Phoenix. Using the information gained through the survey, Phoenix was able to identify the top 5 priorities of the residents in terms of policing, and the top 5 attributes they wanted in a police chief. The top 5 attributes were integrity, accountability, leadership, credibility, and problem solving. A community survey conducted through social media or snail mail or a community meeting would have been helpful to the City Manager in my story because he would have learned what was important to the public, and he would have been a better steward of the public’s trust.
My Recommendation
After all my research and my discussion with my expert, I concluded that the City Manager was not strictly unethical in his creation of the Blue Ribbon Advisory Panel, but its makeup should not have included the City Councilmembers due to their confirmation duties for any new hire. The City Manager should have opened up the interviews to the public after he had performed a thorough background investigation on the finalists in order to avoid unpleasant surprises, and he definitely should have informed the Panel of his concerns about Candidate Cobb. He also should have trusted his gut more, and stood up for his candidate so that the Panel could have made a more informed decision instead of being swayed by the theatrics and rhetoric of Candidate Cobb. From the beginning, the hiring process was flawed, and each flaw built upon the previous flaw. This resulted in hiring an inappropriate candidate who had to be terminated six months later for continuing to be inappropriate.
My recommendation would be that any advisory panel formed in the future with regard to the hiring of a city employee be used only if the city is hiring a highly technical employee, and that the advisory panel consist of likeminded experts and members of the community that would be affected by the employee directly. I would further recommend that the shortlist of candidates for positions such as a police chief face public questioning in separate rooms, and that the shortlist be fully vetted first. In short, I would recommend the steps taken by both Clearwater and Phoenix’s city managers.
Works Cited
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