Cedar Rapids investigating whether police chief has aged out of position

CEDAR RAPIDS — City officials are working to confirm the certification status of Cedar Rapids Police Chief Wayne Jerman after he turned 66 this month.

The city’s deputy chief Tom Jonker is serving as acting chief, according to an email Cedar Rapids City Manager Jeff Pomeranz sent to members of the department, which was shared with The Gazette.

The email states that the position of the Iowa Law Enforcement Academy, which handles law enforcement certifications, is that all peace officer certifications expire when the officer turns 66, regardless of position.

“I would like to thank you all for your hard work and dedication to the Cedar Rapids community. I am grateful for your patience and understanding as we work through this matter. I am committed to keeping the Police Department updated,” Pomeranz wrote in the email.

Jerman remains an employee of the city, Phillip Platz, the communications divisions manager for Cedar Rapids, said Friday. Calling the situation a “confidential personnel matter,” Platz did not clarify whether the chief is on leave or working in a different role.

Jerman could not be reached for comment Friday.

Jerman started as the department’s 43rd chief in October 2012 and was chosen from a field of 35 candidates. He had spent 32 years in policing when he arrived in Cedar Rapids, and had previously been assistant chief of the Montgomery County Police Department in Maryland.

Portions of Iowa code appear to have conflicting language. Iowa Code 362.10 states that “the maximum age for a police officer, marshal, or firefighter employed for police duty or the duty of fighting fires is 65 years of age.”

City officials pointed to Iowa Code Chapter 400, in which the age limit is reiterated in 400.17: “The maximum age for a police officer or firefighter covered by this chapter (chapter 400) and employed for police duty or the duty of fighting fires is 65 years of age.”

But Chapter 400.6 includes language that department heads — like police chiefs — are exceptions to the rules outlined in Chapter 400. The section goes on to say that assistant fire chiefs and assistant police chiefs in cities with departments of fewer than 250 members aren’t excluded.

The Cedar Rapids department has 212 sworn officers and more than 60 non-sworn personnel, according to its website.

A bill, Senate File 183, that was introduced in the Iowa Legislature this session would adjust the wording of Iowa Code section 362.10 to clarify that the age maximum applies to both part-time and full-time police officers and firefighters. The new bill doesn’t say anything specifically regarding chiefs and other department heads.

The next subcommittee meeting for the bill is scheduled for March 14 at 12:30 p.m.

Jeff Brinkley, vice president of the board of the Iowa Police Chief’s Association — and the Mason City Police Chief — said he’s seen situations in which a police officer has had to retire because they turned 66, but he’s not aware of the situation happening before with a police chief. He said he’ll be interested to see how the question is resolved.

“I don’t think you probably want a street officer running around at 66, but I think certainly somebody in a leadership capacity, in that kind of role, or an upper administrator, I don’t see the issue with it, personally,” Brinkley said.

Jerman was honored last year by the Iowa Police Chief’s Association as the Law Enforcement Executive of the Year.

Comments: (319) 398-8328; emily.andersen@thegazette.com