'Challenging period' for Asheville police as chief Zack reveals plan to retire

ASHEVILLE — When David Zack stepped into the role as Asheville Police Department chief on Feb. 4, 2020, he entered a whirlwind of policing during a pandemic, Black Lives Matter protests, national calls to defund the police and strained relations with the public.

His tenure has seen a fair share of lawsuits and controversy, while he led a department that remained mostly at 60% of staffing levels through his more than three years on the job. Now, Zack plans to retire as Asheville’s top cop, as announced Dec. 12 by the city.

“Chief Zack did speak with a group of staff members yesterday morning to tell them he was thinking about retiring early next year but would be taking time over the holidays to decide,” Spokesperson Samantha Booth told the Citizen Times. “This information was leaked after the meeting and ‘spread like wildfire.’”

Booth said that because the information was prevalent in the community, a more definitive response was addressed in the news release from the city of Asheville, which stated Zack’s intent to retire from Asheville law enforcement.

“I would like to take a moment to extend my deepest appreciation to all the officers for their unwavering dedication and exceptional efforts in overcoming the challenges we have faced together," Zack said in the news release. "Their commitment to our shared mission has been invaluable."

APD and city leaders, including City Manager Debra Campbell, “are working diligently on the transition plan and additional details will be shared once finalized,” according to Booth and the city’s news release.

In a statement made after Zack’s retirement was announced, Mayor Esther Manheimer said, “I want to thank Chief Zack for his leadership and steady hand through a challenging period for our police department. His commitment to the men and women of APD and to the safety of our community is to be commended and applauded.”

Starting the role in February 2020, Zack presided over a tumultuous time for APD and a period of heightened friction between the police and public, including Black Lives Matter protests and complaints from business owners about crime downtown.

Most recently, the department has received some criticism around new “targeted special operations,” said to be informed by APD’s data analytics team. Of the 62 individuals cited or arrested in an October operation, over half listed A-Hope Day Center, Homeward Bound's downtown day center frequented by people who are unhoused, as their permanent address.

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'A challenging period for our police department'

A few months after he became chief, police were seen on video destroying a medical station and slashing open water bottles during a downtown Asheville protest over the Minneapolis police killing of George Floyd in May 2020. At first, Zack apologized, yet defended, the officer’s actions, but later issued an apology hours after Manheimer publicly denounced the incident.

In 2022, an Asheville police officer, Sgt. Brett Foust, was sued in federal court by a protester who said he was partially blinded when the officer fired a crowd dispersion round. During the lawsuit, Foust alleged that the city failed to give officers crowd control training prior to the historic 2020 racial justice protests that saw up to a 1,000 people a night in downtown streets.

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Zack was also named as a defendant, along with City Manager Debra Campbell and Recreation Director D. Tyrell McGirt, in a federal lawsuit filed by the American Civil Liberties Union of North Carolina on behalf of 14 current and former city residents. The complaint states that the city violated their constitutional rights by banning the residents from city parks for three years for “felony littering” during a protest.

The department has struggled with recruiting and retaining officers over the past three years, with Zack attributing this to “fragile” morale within APD, which he said feels “underappreciated and vilified.” At the end of 2021, APD finalized a two-year, $225,000 contract with Epic Recruiting, an Arizona-based advertising firm that has worked with police recruitment around the country.

APD's staffing levels remained 42% down as of Oct. 3, as last updated by APD. The Citizen Times reached out to the department for updated staffing numbers Dec. 13 but did not receive a response.

This year, Zack worked to secure a 6% pay increase for APD officers, while other city staff received a 5% pay increase following a 6-0 budget vote from city council members on June 13.

During a March 3 City Council retreat, Zack stated, “We need to be the highest paid agency in the state.” At the time, he said that "we keep making gains, the problem is the competition is stepping it up every time we start to get ahead."

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Keith Young, member of Asheville and Buncombe County's Reparations Commission Board and a former city council member, said he wishes Zack the best in his retirement, and had a working relationship with “on a few issues.”

“I had optimism for his tenure here, and was overall pleased with his work,” Young said. “Everyone has their moments, and he had his, but I always appreciated his candor and straightforwardness. No matter how you feel about him, I always knew exactly where he stood, and that means a lot when dealing with politicians.”

Before Zack took the top position at APD, the department saw the firing of two longtime police captains and the exit of two chiefs in four years, with the Zack's predecessor, Chris Bailey, staying only two months.

“The only thing constant in life is change and so for Asheville, here we go again!” Young said.

Before being hired as Asheville's chief of police, Zack served as chief of the Cheektowaga, N.Y., police department for nine years. He first began his law enforcement career in 1984 as a corrections agent. Zack was then hired by the Cheektowaga department in 1987, moving through the ranks to become chief in 2011, the Citizen Times previously reported.

"I would also like to express my gratitude to the City Manager’s Office and the Mayor and City Council for their continuous support, which has played a pivotal role in our accomplishments," Zack also said in the news release. "Thank you all for your commitment to our team and the community we serve."

The news of Zack's impending retirement comes a little more than a month after his wife, Clarissa Hyatt-Zack, was involved in a vehicle accident in South Asheville, arrested and charged with misdemeanor driving while impaired. Her next court date is Feb. 22.

The Citizen Times reached out to city council members regarding Zack’s retirement, but only Sheneika Smith and Kim Roney responded.

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Ryley Ober is the Public Safety Reporter for Asheville Citizen Times, part of the USA Today Network. Email her at rober@gannett.com and follow her on Twitter @ryleyober

This article originally appeared on Asheville Citizen Times: Asheville Police Chief Zack announces retirement, what's next