City Council requests involvement in APD inquiry into protest response

Press release from the city of Asheville:

In support of Asheville Police Chief David Zack’s recommendation of an outside independent investigation into Asheville Police’s response to recent protests, City Council has requested that the City Attorney’s Office, under the direction of City Attorney Brad Branham, lead the effort to select the investigator. This move is aimed at maximizing accountability and transparency to the public through the course of the process. In a June 14 email to City Manager Debra Campbell, Council also recommended that involvement in the analysis extend beyond the Public Safety Committee to include the entire City Council.

The email, signed by all seven Council members, including  Mayor Esther Manheimer, also stated: “This investigation will not supersede any Public Safety Committee’s inquiry, limit the scope of their questioning or prohibit involved parties from fully testifying to these matters.” Additionally, Council requested that at a minimum, “the City Attorney’s office or an independent firm selected by the City Attorney’s office interview at least the following persons, but not limited to, all members of City Council, the City Manager and the Chief of Police to establish the facts leading up to and including the decisions made for Use of Force and calling in and overseeing the National Guard and any other police agencies.”

The email also stated that the outside investigation is meant to be an objective and transparent look at the methods and tactics used during the protests  — including the use of tear gas on the Captain Jeff Bowen Bridge and the destruction of supplies at the medic tent.

Branham will lead the selection process to identify the firm to conduct the investigation which will be subject to final approval by the full City Council.

Email request from Vice Mayor Gwen Wisler and other members of Asheville City Council:

Dear Debra: As you know, the community, city staff and City Council wants to understand the facts of what transpired during the recent protests and to have an outside independent investigator review the methods and tactics used during those protests including the use of tear gas on the Captain Jeff Bowen Bridge, use of rubber bullets or other tactics and the destruction of supplies at the medic tent (Use of Force).

While we understand the initial plan was for your office to bring the selection of the firm before Council’s Public Safety Committee, upon further discussion, all members of City Council have requested to participate in this process, including those who do not serve on the Public Safety Committee.

We believe that community trust will be best served if City Council oversees the process of selecting the independent outside investigator. As we discussed, we believe the inquiries should be supervised entirely outside the reporting hierarchy of the police department. Furthermore, we believe that providing the public with basic facts about what transpired as soon as possible is critically important for transparency. Given the sensitivity of this situation, we want to avoid even the appearance of a conflict. Therefore, we request that the City Attorney’s office recommend an independent third party firm to investigate the methods and tactics used during the recent protests.

Furthermore, and contemporaneously, we have requested that the City Attorney’s office or an independent firm selected by the City Attorney’s office interview at least the following persons, but not limited to, all members of City Council, the City Manager and the Chief of Police to establish the facts leading up to and including the decisions made for Use of Force and calling in and overseeing the National Guard and any other police agencies. We will ask the City Attorney to inform Council of the result of the interview process as soon as those results are available. Our goal, as is everyone’s, is to ensure that an independent and thorough review is performed. This investigation will not supersede any Public Safety Committee’s inquiry, limit the scope of their questioning or prohibit involved parties from fully testifying to these matters.

With respect,

Esther Manheimer, Mayor

Gwen Wisler, Vice Mayor

Brian Haynes

Vijay Kapoor

Julie Mayfield

Sheneika Smith

Keith Young

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