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Norfolk auditor finds city manager 'did not violate city code' in police chief hiring process

The letter went on to recommend that Norfolk City Council consider amending its code to require approval before the city manager can make hiring decisions.

NORFOLK, Va. — A newly released report from the City of Norfolk's Office of the City Auditor finds that City Manager Chip Filer "did not violate the City code, policies, or his authority during the execution of the hiring processes" for soon-to-be Police Chief Mark Talbot. 

On Monday, City Auditor Tammie Dantzler published a document saying that her office had looked into whether or not the hiring process broke any established rules after "receiving an allegation questioning the process," according to her letter. 

After a yearlong search, Filer hired Talbot -- who is currently chief of police for the City of Hampton -- and made a formal announcement on April 5. 

Filer said Talbot helped Norfolk city leaders interview candidates and narrow them down to the final three, never applying himself. Filer said three weeks ago when those interviews wrapped, he didn’t feel like he had the right candidate in front of him.

"I called Chief Talbot and kind of told him where my head was, what I was thinking, and asked if he would be an applicant for the position," Dr. Filer said at the time of the initial press conference. "At which point he did put in his application and then went through the assessment process with Morris and McDaniel."

In the aftermath of the announcement, Norfolk NAACP President Stacie Armstead led a call at an April 12 meeting for City Manager Chip Filer’s termination.

Those who spoke out against the hiring process mentioned a lack of transparency and the raising of ethical questions. 

In her letter, Dantzler explains the process of determining that there was no fault on Filer's behalf further:

"To authenticate the allegation, we reviewed applicable City codes and policies. Based on our review, we determined the Chief of Police is considered an unclassified position and serves at the will of the City Manager. As a result, the City Manager has the authority to hire employees without receiving confirmation from the City Council," she explained. 

"Therefore, the City Manager complied with the City Code Section.2.1-1.4 and the City’s Employment 3.3 Policy, Section 2, Unclassified Services."

However, the letter went on to recommend that Norfolk City Council consider amending its code to require approval before the city manager can make independent hiring decisions, citing the fact that the other council members are required to have approval from the rest of the city council. 

Dantzler writes that making this approval process equal across the board would "mitigate potential risks."

Click here to read the report.

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