The New Orleans Police Department was messed up from the beginning, because the city signed a contract that doesn't reflect the reality of what New Orleans needs — or requires.
with the International Association of Chiefs of Police was signed earlier this year, after voters convincingly approved a City Charter change giving City Council members the responsibility to confirm — or reject — top mayoral appointees, including the chiefs of fire and police.
I find this contract provision interesting: "The contractor is not under any obligation to any other person that is inconsistent or in conflict with this Agreement, or that could prevent, limit, or impair the Contractor's performance of this Agreement."
I guess the IACP has seen this scenario before, having led other cities through chief searches. Or, did it anticipate that our vigilant council might want more than what the contract promised?
Perhaps that's why Council Vice President on the mayor's choice, whoever it might be, unless the council is provided IACP candidate scores and an explanation of how and why the six semifinalists were selected.
I agree. The council — and the public — should see what Moreno is asking for before approving one candidate.
Unfortunately, the IACP contract is with "the City." The organization considers "the City" to be the mayor. That means no IACP meeting with the council, as requested. No IACP scoring and explanation for the council, unless "the City" provides it.
In the contract, the city acknowledges that IACP uses "trade secret information and proprietary confidential business information" that includes "but is not limited to" responses to IACP surveys, the identities of those who responded to their surveys, interview notes and "all collation, analysis, organization, and comparison of data performed by IACP."
That's a pretty broad sweep of nearly all things used to present candidates to "the City."
I'm not a lawyer, but I don't see anything in the contract that says "the City" cannot make public some of the IACP data and information, as long as it's not marked "trade secret" or "proprietary."
After this column was published online, New Orleans Chief Administrative Office Gilbert Montaño said "We will... provide the semi-finalist candidate profiles which includes assessment center scores to council when IACP completes their report." That's good news.
Other interesting contract provisions allow "the City" to suspend the IACP contract on just two business days' notice — or terminate it with 30 calendar days' written notice. That gives the mayor considerable leverage over IACP.
Elsewhere, lots of people are saying "the City" has three police chief finalists.Â
That's not true.
We have three recommended finalists from an 11-member advisory group that includes business leaders, police and fire organization leaders, a faith leader and Oliver Thomas, who represents the council as chair of the criminal justice committee.
Two other groups will make recommendations. The others are Mayor LaToya Cantrell's internal administrative committee and the IACP. Each which will recommend one or more finalists.
Once the mayor has all those recommendations, she may interview some combination of the finalists — but she doesn't have to do that.
That's another example of how the process is flawed.
The mayor should make this as open a process as possible.
I didn't agree with a majority of voters who approved a charter change giving the council authority to confirm or deny top mayoral appointees. I cast my "no" vote. I lost. Now, I'll follow the majority's wishes.
I also don't agree with the contract as signed by IACP and "the City." I can't change that, so I'll just hope Cantrell and Montaño make the most of this situation and do a thorough job with this appointment and confirmation process.
Keep in mind that this mayor may have future department head candidates who must be considered by the council. Certainly, the next mayor will.
Right now I'd like to see Cantrell embrace the good points made by some council members — and I'd like to see Councilmembers Moreno, JP Morrell and Joe Giarrusso III understand why the mayor has handled things this way.
Having read the contract, I assume IACP's intent was ironclad protection for itself. But, Cantrell can remind IACP that we need what's best for "the City."
Going forward, Cantrell and whoever wants to be our next mayor should look at this mess and take steps to make the council a partner in selecting top-level appointees — and neither an impediment nor a rubber stamp for the mayor.
This column was updated to include additional information from CAO Gilbert Montaño.
