Cedar Rapids police unions ‘adamantly’ oppose possibility of civilian police chief, emails show

CEDAR RAPIDS — Unions representing Cedar Rapids law enforcement officials shared with City Manager Jeff Pomeranz last week that they oppose having a civilian police department head as the city assesses whether Chief Wayne Jerman aged out of being a certified officer when he turned 66 years old earlier this month.

⧉ Related article: Could Cedar Rapids Police Chief Wayne Jerman serve as civilian police department head?

The letters from three groups — the Fraternal Order of Police, the Cedar Rapids Police Bargaining Union and the Cedar Rapids Bars and Stripes Association — express opposition to the department being led by a non-certified officer. Two letters raise concerns about the precedent it would set.

In the email to Pomeranz from Mike Bailey, president of the Cedar Rapids Police Bargaining Union — which represents Cedar Rapids police officers and clerical personnel — Bailey wrote that the union “adamantly” opposes the possibility of changing the department’s leadership structure.

“We appreciate a unique situation has arisen with Chief Jerman and his age,” Bailey wrote. “However, this unique situation should not cause the City to abandon its commitment to having the police department led by a uniformed chief.”

Opposition from the three groups seems to leave City Hall at a crossroads.

While the emails indicated Jerman’s performance is not the issue, they show some officers worry allowing a non-certified chief would create a path for a less knowledgeable future police department leader to take over.

Lacking support of the police groups in continuing to lead the department without certification, it’s unclear if Jerman would retire, work in another capacity as a civilian employee, or pursue any other paths with the city. He did not respond to a request for comment.

This correspondence, received through a public records request, comes after Pomeranz informed the police department March 9 that city officials were assessing Jerman’s certification status since he had reached age 66, when peace officer certifications expire under Iowa Code. Pomeranz said it was the Iowa Law Enforcement Academy’s position that Jerman’s certification expired.

After staff of ILEA, which handles police certifications, on March 7 emailed Jerman about his certification status and inquired whether he’d stay on as a civilian employee, city officials informally studied the impact of keeping Jerman on as a non-certified department head.

According to the city manager’s office, Jerman was put on paid administrative leave while deputy chief Tom Jonker was tapped to serve as acting police chief starting March 9.

Police want certified chief

In the email to Pomeranz, Bailey wrote that the department should continue to be led by a uniformed, ILEA-certified officer and not a civilian police or public safety director.

“We express no negative opinion as to how Chief Jerman has conducted himself as police chief,” Bailey wrote. “We express no legal opinion on whether Iowa law would need to be changed to allow Chief Jerman to continue in his role as police chief.”

Bailey told The Gazette this was the general consensus of the officers he’s spoken with.

“This is purely about that position being changed to civilian,” Bailey said. “If Chief Jerman were to get appointed as a civilian chief, what happens when he’s gone? We feel like that just opens the door for the next one to be a civilian who isn’t a police officer, who doesn’t have police experience. We don’t want to open that door.”

Nick Nolte, president of the Cedar Rapids Bars and Stripes Association — which represents sergeants — in his email to Pomeranz stated the association’s position on the possibility of having a civilian employee lead the police department.

“For a variety of reasons, we do not believe it is in the best interest of our membership, our department, or our city to have anything other than a certified peace officer as the leader of our department,” Nolte wrote. “Our position is in no way a reflection of Chief Jerman’s leadership at our department, or service to our city, but is merely out of concern for the future success of the police department.”

Matt Messer, president of Fraternal Order of Police Lodge 7, which represents all rank and file of the Cedar Rapids Police Department, wrote to Pomeranz that the group’s board “would be against having a civilian public safety director. We believe in having an Iowa Law Enforcement Academy certified chief of police to lead our department.”

‘Apples and oranges’ police chief comparison

The unions’ emails were dated March 20, after The Gazette reported there’s at least one other example in Iowa of a non-certified officer serving as head of the police department past age 65.

In the central Iowa city of Nevada, Ricardo Martinez II serves as police chief and public safety director. Martinez, a member of the ILEA academy council, lost his certification when he reached age 66 last February.

Although it’s seemingly legal to lead without certification, Bailey said the comparison between Cedar Rapids and Nevada is “apples and oranges.”

The Nevada Police Department is made up of 11 sworn officers and three part-time officers serving a population of about 7,000. The Cedar Rapids Police Department has 212 officers and more than 60 non-sworn employees, according to the city website. Cedar Rapids’ population is about 138,000.

C.R. once elected public safety leaders

Under Cedar Rapids city code, police chiefs shall be appointed by the city manager with the advice and consent of the nine-member City Council. According to the city, Cedar Rapids code changes would be needed to accommodate a civilian police department head.

Bailey acknowledged there are concerns that opening the door to a civilian police department head may allow for a leader who doesn’t understand or wants to drastically change the current policing structure.

Cedar Rapids previously had elected public safety leaders under the city’s commissioner form of government, which voters opted to change to the current council-manager form, effective in 2006.

Under the old form of government, full-time commissioners set and executed city policies. A public safety commissioner oversaw city police and fire personnel. In general, city leaders have carefully approached making policy changes to honor the form of government citizens voted for.

“It doesn't make any sense to have somebody leading a department — especially a department of our size — that does not have the experience,” Bailey said.

Police Union Letters by Gazetteonline on Scribd

Comments: (319) 398-8494; marissa.payne@thegazette.com