Lesli Myers-Small said she was dedicated to tenets of “social justice, fairness and equity” at her July 11 City Council confirmation hearing for her appointment as executive director of the Police Accountability Board.
“This position represents a commitment to justice, transparency, and community empowerment, values that have been at the core of my career for three decades to Rochester and the Greater Rochester community,” she added.
“It was pretty clear in our finalists that Dr. Myers-Small was the person who we thought could lead our agency into the future and we’re really proud to present her here,” PAB chair Larry Knox said.
While the PAB itself was overwhelmingly supported by voters in 2019, questions of purpose and effectiveness have dogged the board since then. Personality-driven dramas and a court ruling that took away potential power from the board have sustained that narrative.
While Myers-Small, former superintendent of the Rochester City School District, brings her own history of drama to the board, she hopes her three-pronged vision of “engagement, accountability, and transparency” included in her strategic plan can change the perception of the PAB.
“We need to increase our community engagement efforts, which I think I’m very strong in,” Myers-Small said about her engagement prong, a major focus in the upcoming months. “We need to increase our connections and our engagements with our youth who are coming in contact with law enforcement.”
Near-future plans include creating a cadre of youth representation for the board. As for transparency, she aims to release redacted PAB investigative reports starting this summer.
The PAB leadership positions have been embroiled in messy and public controversies since it began operations. In November 2022, the top leadership positions filled by Executive Director Conor Dwyer Reynolds and board chair Shani Wilson were vacated following competing sexual harassment claims.
Claims of a hostile work environment were also made against acting manager Duwaine Bascoe and resulted in an exodus of PAB employees. (Bascoe resigned from his position in February 2023.)
Interim director Sherry Cowart-Walker was appointed in December 2022 and helped maintain steadier leadership. During her tenure, the board produced reports on topics such as juvenile use-of-force incidents and the Rochester Police Department’s disciplinary system.
Controversy also clouded Myers-Small’s tenure as RCSD superintendent; there was an accusation of sexual harassment in 2021 and criticism from the school board over poor budget processes and management leading to her resignation in 2022. She directly addressed both controversies during her confirmation hearing and press conference.
The sexual harassment and retaliation accusation was ultimately found to be unsubstantiated by an investigation completed in December 2021, Myers-Small pointed out, bringing documentation of the outside investigation with her.
“The media covered that this happened but didn’t cover the follow-up as well,” she said. “Certainly, if there were serious concerns about that situation, then I would have been put on leave. But I came to work every single day and I’m really proud that I showed up for my students, for my staff, and for my families.”
The former superintendent also defended her management of the district, citing the new paradigm caused by COVID-19 lockdowns and public health issues.
“It’s not uncommon for any leader, but particularly superintendents and boards of education to not be on the same page. There are some things we certainly did not see eye to eye on, but I worked hard to maintain a respectful relationship,” said Myers-Small. “In my humble opinion, it was best to move on and not continue that tension.
“Unfortunately, there were some things that became public that didn’t need to be. But I’ll quote one of my favorite former first ladies: When individuals go low, I’m going to maintain integrity and still go high,” she added, a reference to an oft-repeated line from Michelle Obama’s speech at the 2016 Democratic National Convention.
Knox said the key quality that set Myers-Small ahead of other candidates was her administrative experience at a high level. He thinks the young organization needs improved internal structures, something Myers-Small included in a draft of a “first 100 days” plan she presented when interviewed.
While the former RCSD superintendent comes with public administration experience, she does not have a background in law or criminal justice, two of the other desirable aspects first mentioned in the search firm’s recruitment materials. Myers-Small said she did her work closely with legal and public safety departments while at school districts throughout New York, however.
The PAB’s relations the RPD and the police union Locust Club have been strained from the onset of PAB operations. A 2023 court ruling sided with Locust Club concerns and eliminated the PAB’s disciplinary powers over officers.
“We don’t have the discipline power anymore, okay, we’re not going to cry over spilled milk. We need to move forward and ensure that we are informing the community and they realize what their rights are,” Myers-Small said.
Similarly, complaints about limited information sharing by the police department have also been a continuous concern for PAB members, who say it has hamstrung the effectiveness of their policy investigation reports.
Myers-Small says she is meeting with leadership from both of those agencies soon and will look for a way to bridge differences.
“I don’t want to get that understanding second-hand. I want to have that first-hand conversation about what challenges or issues do exist so I know how to move forward,” she said. “My hope is that, even if they don’t agree (on issues of access), then at least I have a better understanding of why and can work internally in the agency to develop a plan to move forward.”
Knox defended the new director approach, stating that the PAB always wanted fresh eyes to come in at a leadership position and determine for themselves what issues exist.
“A lot of the things we’ve been fighting for and working through the last couple of years, we’re going to continue to. But we’re also not going to force Dr. Myers-Small to take on that fight in her first week,” said Knox. “We want to let her have her chance to have those conversations and gather her own thoughts on the issues.”
On a question of what the term “independence” means to the PAB, some City Council members wanted it to be very clear in the confirmation hearing that it is contained within city council.
“When the PAB was being formed, at the beginning, it very explicitly meant independence from RPD. Now, under the previous executive director, those words ‘from RPD’ got dropped and it became about independence more generally,” said Councilmember Mitch Gruber, who also emphasized his support of the PAB. “My understanding of the charter, and the legislative intent of the charter, was that the Police Accountability Board was a subunit of City Council.”
“I will be supporting your nomination, but I find it challenging. Councilmember Gruber asked a very simple question about independence. And the answer is that the Police Accountability Board is a subordinate entity to the Rochester City Council, full stop. That’s not the answer that was given,” Councilmember Michael Patterson added, referring to Myers-Small. “I humbly submit to the board that, if you are interested in being a truly independent entity, I will support you becoming a truly independent entity. Which means, you will no longer be a subordinate entity to the Rochester City Council. Which means, your employees will no longer work for the city of Rochester. I would encourage you to consider that. Because that may very well be the best path forward.”
“(Independence) certainly was an important part of City Council’s concern and perspective,” Myers-Small said in her press conference the following day. “It’s critical for the Police Accountability Board to maintain impartiality in investigations and policy, ensuring they are conducted free from any external influence, either from City Council, law enforcement or the mayor’s office. As a subgroup of City Council, we recognize and acknowledge our role within city government. We are committed to operating within the framework that is specifically outlined in our charter, while fulfilling our responsibilities.”
Other members fully encouraged Myers-Small’s appointment, with Councilmember Kim Smith crediting her “resiliency.”
“In all that you have endured, here you are. Ready to move forward and make changes within this community. I appreciate your efforts, and I’m so happy you have decided join the PAB and that they have accepted you,” Smith said. “I’m just looking forward to everything that you have to offer.”
The City Council’s final confirmation vote is scheduled for Tuesday, July 23.
Jacob Schermerhorn is a Rochester Beacon contributing writer and data journalist. The Beacon welcomes comments and letters from readers who adhere to our comment policy including use of their full, real name. Submissions to the Letters page should be sent to [email protected].
If the PAB is needed, effective, etc. just think about the education in urban Rochester. I believe a EAB is needed, could be effective, etc. The success of the EAB would eliminate, considerably, the need for a PAB. Why? Because the youth crime rate has a direct relationship to the school dropout rate as well as its effectiveness. There would be a lot less “interaction” with the police on the streets.
Point taken, but isn’t that the job of the school board?
A PAB is an excellent idea. Every city should have one. BUT, Rochestre’s PAB has made such a bad joke of themselves that they’ll never be taken seriously. Legitimate grievances they bring against the RPD will be viewed by the community as a whole with a high degree of skepticism. Time for this PAB to be disabanded and an outside firm brought in to handle matters.
Curious, what kind of firm do you mean? How would that work?
The interesting thing is that there was already accountability, through all three branches of government. Some people simply wanted a poorly chosen board with an agenda as an easy answer. The cities that were cited by proponents for a PAB, Syracuse and Oakland have also proven to be expensive failures.
There are a number of consulting firms that will work with municipalities to help them design a PAB-type organization. Rochester was doomed to failure when they tried to do it themselves. Since these consulting firms also work with police departments to aid them in self-assessment, self-investigation and self-improvement, use of such a neutral group of outsiders would hopefully result in the creation of a PAB that all sides can trust. Except of course the extremists on both ends. Namely those who feel that the police are always right, and those who feel that the police are never right. As to the point that PABs are sometimes wasteful and unsuccessful. What organizations are perfect? As to successful PABs around the country, the National Association for Civilian Oversight of Law Enforcement has data on that.
Len, thank you for clarifying the comment. I wasn’t clear and thought perhaps you were suggesting a private firm be a PAB. Regarding the data I explored the NACOLE website. Without prejudice I think we have to be aware that findings from such an association of any organizations has to be viewed critically. The closest thing I could find was a report from eight years ago stating, “there has been far less systematic, comparative social science research on the effectiveness of oversight.” I assume if there was data showing the effectiveness of PABs NACOLE would be first to make it well known.
This is a fundamental problem with direct democracy, what looks good to a number of voters is not necessarily correlated to fact. I can imagine if the city had brought in a consulting firm that activists would have objected to whatever firm was involved as not speaking for the community.
The city should cut its losses. Alas, this is the political problem, eliminating the PAB would take an act of political courage.
The lack of “success” by PAB’s (and how one defines that term is in itself a major debate) can be attributed to numerous causes. The refusal of local law enforcement agencies to cooperate is one. And the appointment of unqualified civilians (another term of dispute) is another. For Rochester to “cut it’s losses” by eliminating the PAB as you suggest would be a statement that the RPD makes no mistakes and needs no oversight. Is that your contention? Your argument that, “eliminating the PAB would take an act of political courage” does seem to indicate that that is your belief. If so I have to disagree. Eliminating the PAB would be an abrogation of responsibility by our elected representatives.
“…eliminating the PAB as you suggest would be a statement that the RPD makes no mistakes and needs no oversight. Is that your contention?”
Len, no that is not my contention. Of course all government entities should have some form of oversight and we should always be mindful of reform and changes as circumstances, situations, and our social environment change. One form being the election of officials who hold such entities accountable. City Council has a public safety committee, the chief serves at the pleasure of the mayor, officials can be brought before council to testify, the mayor has oversight power. They also control the budget, the power of the purse. And of course we have the free press. Media attention to misdeeds has an impact. I do not believe this is a situation where there is a PAB or no accountability. I agree the measure of success may be debated, yet no measurable success is indicative of a lack of efficacy.
Their goal statement is, ” Our goal is to bring about full transparency and accountability of findings, practices, policies and procedures of the RPD. ”
But there are no specifics. It’s unclear how there could be when they have authority, power, expertise, or investigative experience.
Good intentions is not a goal.
Can we imagine a medical oversight board with no one on the board with medical experience? Or a legal oversight board with no one with legal experience? But somehow people who have no experience in the field are deemed to be credible? That and the court decisions that leave the PAB powerless should be enough to question the cost-benefit of the PAB. I’m sure the board members are all well intentioned people, but at some point local politicians are going to have to decide when to cut the losses.
It would be helpful to know that the goals of the PAB are over the next 1, 3, 5 years. What do they hope to accomplish?
Dr. Leslie Myers Small is a skilled and competent non profit manager. So often non profit organizations get caught up in politics and scandals and rather than focus on the outcomes and results of the organizations they lead when non profit managers get caught up in scandals.
The headline on this piece is misleading. Dr. Myers Small is quoted on her values and guiding principles but not on the course she is charting for the PAB. If the goals are not specified, evaluating performance is not possible and degenerates to sensationalized news headlines.
What exactly is the purpose of the PAB and how does it attend to pursue its mission and carrying out the pursuit of its goals?