Council removes city manager following worries over police beating

ASHEVILLE – City Council on Tuesday announced the dismissal of City Manager Gary Jackson as council members continued to grapple with community outrage over the police beating of a man accused of jaywalking.

The unanimous decision amounts to the biggest fallout to date after video of the beating became public.

Jackson's dismissal was effective Tuesday. He was already on his way out the door, but was not expected to leave so soon.

City government had announced Feb. 13 that he would retire effective Dec. 31.

Instead, Mayor Esther Manheimer announced in a brief statement at the start of a previously scheduled council work session Tuesday that Jackson’s tenure was ending.

"The Asheville City Council has unanimously decided to replace City Manager Gary Jackson effective at the close of business today," Manheimer said in reading the statement. “We appreciate the many successes Gary has brought Asheville in his 13 years here; however, we believe that making this change now is in the city’s and his best interests."

No other council members commented on the action.

Jackson declined to discuss the circumstances of his departure in a brief telephone interview after it was announced.

"I'm going to defer to Mayor Manheimer," he said.

"I've really appreciated the opportunity to serve the community. ... I wish the very best for everyone," Jackson said.

City residents and council members have expressed anger and disappointment after the leaking of police body camera video showing an officer beating a man police said had been jaywalking after he crossed a deserted street at night.

Council members – and Jackson – said they had not known of the Aug. 24 beating before the Citizen Times published the video on its website Feb. 28.

After an Aug. 25 complaint, Police Chief Tammy Hooper said she immediately told Assistant City Attorney John Maddux and not long after that Jade Dundas, who was interim assistant city manager at the time. But by law, the video could only be viewed by police and beating victim Johnnie Rush.

The attack drew furious community criticism, inflaming already tense relationships with minority communities. Rush is black. The officer who repeatedly struck him in the head while he was pinned to the ground is white.

That officer, Chris Hickman, resigned Jan. 5. It was the same day Hooper said she had planned to fire him. He has since been charged with two counts of assault, including felony strangulation.

More: Revisiting the Asheville police beating: Should Johnnie Rush have run?

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Sharon Smith with Black Lives Matter was one of those calling for Jackson to leave after news of the beating.

“Black Lives Matter is pretty much fed up with people making excuses for the blatant anti-black racism practices in this city. We demand it stop immediately, beginning with the city officials who have obviously abused their authority,” Smith said March 13, the first regular council meeting after publication of the video.

Kim Roney, who called for Jackson’s dismissal during her unsuccessful campaign for council last year, said city residents and elected officials “have the capacity and the will to be better” and welcomed Jackson's departure.

The city needs someone in the job “to move us towards creative, courageous change,” she said. “It’s not what we’ve had in a city manager."

Jackson was not without supporters despite the controversy.

“Managing city operations in Asheville is like herding sheep, cats and driverless Ubers in the same pack," said Carl Mumpower, who was on the council at the time it hired Jackson and is now chairman of the Buncombe County Republican Party.

"That Mr. Jackson was able to successfully do so for so long under such a unique parade of elected officials is testimony to his competence and skills,” he said.

The head of a local police advocacy group said the firing raised questions about the reasons behind it.

“I don’t know that much about what happened to Mr. Jackson," said Fraternal Order of Police President Rondell Lance "I’ve known Mr. Jackson for years. He’s always been open and receptive for us to come talk to him about police issues.

"For them to all the sudden say, well, you’re gone, that is surprising. I don’t know if it’s just council trying to appease the cries from the community or whether there’s something legit. I don’t know but it causes you to kind of go, what is going on here?"

Manheimer had lauded Jackson when his retirement was announced, saying he "has served Asheville faithfully and effectively. ... He has served with dignity and integrity. The city of Asheville owes Gary a huge debt of gratitude for his leadership and effectiveness throughout his tenure."

Assistant City Manager Cathy Ball will serve as interim city manager until a new one is found, according to the city.

The city said transition planning for a new city manager will be led by Vice Mayor Gwen Wisler, who will work pro bono.

Wisler said the city will stay on the same timeline for replacing Jackson it had settled on when his retirement was announced. That would mean it will be several more months before council hires a new city manager.

Jackson’s removal follows substantial changes announced Friday among some of the city’s most important officials.

Those included the removal of Dundas as interim assistant manager and his transfer back to capital project manager. Taking over as interim assistant city manager was Peggy Rowe, who heads human resources.

The police chief, who had before reported to an assistant city manager, would now report directly to the city manager.

Also, the council would create a new office of equity and inclusion, expanding that from a one-person position and mandating that it report directly to the city manager.

More: Commissioners tell Asheville council to take action on police issues

More: Ex-officer appears in court after arrest in police beating incident

The announcement about Jackson on Tuesday was made at the same meeting where council members voted unanimously to pursue historic overhauls of city policing.

That could mean empowering a citizen body to review all use of force occurrences, pushing lawmakers to legalize the viewing of body camera footage by employees in the new equity department and funding an outside legal position to advocate for people filing complaints against law enforcement.

It could also mean starting an “aggressive” plan to hire minority officers, something that has been a stated goal of the department for decades. By January, 8 percent of officers were African-American, while the overall black population was 12 percent, according to census data and numbers provided by police to the Citizen Times .

The council's vote to replace Jackson came amid confusion over whether they had followed proper procedure.

When the public portion of the work session ended Tuesday, Citizen Times reporters asked Manheimer about a state law that says, “Final action making an appointment or discharge or removal by a public body ... shall be taken in an open meeting” and handed her a copy of the statute with that passage underlined.

Council then went into a previously planned closed session. Manheimer had first said council would not take any action following the closed session, but council returned to open session a few moments later to say it would after all.

Several minutes later council returned to open session to remove Jackson.

Council members also talked about aspects of Jackson’s contract and why he would be paid his salary and regular benefits for six more months.

Manheimer and Kapoor said Jackson’s contract mandated the payments unless he was given six month’s notice or unless he had engaged in criminal activity.

Half a year’s pay for Jackson would equal $97,607, according to information from his personnel file.

You can view Jackson's employment contract here.