Phoenix’s city manager said a detailed plan is underway to address a Department of Justice report that found police have engaged in a "pattern or practice" of violating constitutional and civil rights.
After meeting with the City Council, police chief and lawyers, Jeff Barton said the city looks forward to collaborative conversations with the DOJ to identify a plan that works for Phoenix.
In its June report, the DOJ said it found more than 100 incidents where police used excessive force, acted with bias and violated people’s rights. Details on the incidents, including disciplinary action, can be found on a website Phoenix police recently launched.
Barton said the department is analyzing all 37 recommendations from the DOJ to see where reforms already underway hit the mark, and where additional improvements are needed.
With other cities, the DOJ has frequently used a court-ordered agreement, which involves federal oversight. Some City Council members have been advocating for a technical letter of assistance, which leaves oversight to the local government.
Arizona Congressman Ruben Gallego, who is running for a Senate seat, reportedly sent a letter to the U.S. Department of Justice saying it "missed the mark" in its investigation into Phoenix police and asked the DOJ to use a technical assistance letter rather than a consent decree.
The DOJ’s allegations include:
- PhxPD uses excessive force, including unjustified deadly force and other types of force.
- PhxPD and the City unlawfully detain, cite, and arrest people experiencing homelessness and unlawfully dispose of their belongings. This is the first time the Department has found a pattern or practice of conduct that focuses on the rights of people experiencing homelessness.
- PhxPD discriminates against Black, Hispanic, and Native American people when enforcing the law.
- PhxPD violates the rights of people engaged in protected speech and expression.
- PhxPD and the City discriminate against people with behavioral health disabilities when dispatching calls for assistance and responding to people in crisis.
In a June 13 press release, Attorney General Merrick B. Garland said: “The Justice Department has concluded there is reasonable cause to believe that the City of Phoenix and the Phoenix Police Department engage in a pattern or practice of conduct that deprives its residents and visitors, including Black, Hispanic, and Native American people, of their rights under the Constitution and federal law.”
City Manager Jeff Barton’s full statement
“Just over ten weeks ago, the Department of Justice (DOJ) released a report outlining serious allegations regarding the Phoenix Police Department. Since that time, at the direction of the Mayor and City Council, dozens of staff have worked tirelessly, not only reading and studying the report but identifying, evaluating, and sharing information regarding the incidents cited in the report with the community. Staff conducted a thorough review and analysis of the recommended remedial measures, comparing them with what we currently have in place or in progress. A detailed project plan to address the gaps, using industry-standard best practices, is now underway. Spending this time and energy learning from the past and from others prepares us to improve the future.
We look forward to collaborative conversations with the DOJ to identify a plan that works for Phoenix. The City is committed to developing a path that moves our City and its police department forward. This means showing long term and ongoing process improvement, researching and implementing best practices in policing, and holding ourselves and our employees accountable to these standards of excellence. It means improving our data collection and reporting so the community can monitor and follow our progress. Most importantly, it means building trust with all members of our community.
Significant change is already underway. Under the new leadership of Interim Chief Michael Sullivan, we’ve overhauled our Use of Force policy with community input and implemented new, gold standard de-escalation training. Ideas that were once aspirational are now part of the fabric of our processes including monitoring of police investigations through the Office of Accountability and Transparency and civilian oversight from the soon to be seated Civilian Review Board. As noted above, an analysis of every recommendation made by the DOJ is currently underway to see where our efforts to change and improve hit the mark and where we need additional improvement to not only meet expectations but exceed them. The results of this analysis will serve as a guide to the City’s long-term path forward.
I want to be sure our community knows my office, the Mayor and City Council, and the Police Chief have an unwavering commitment to sustained improvement.
Phoenix can do better and will continue to do better. I will settle for nothing less.”
Mayor Kate Gallego has scheduled a September 24 policy session for the city council to receive updates on the “the city’s continued efforts to improve public safety and address concerns raised by the Department of Justice. The Council will also consider additional reforms to improve policing.”
City Councilwoman Ann O'Brien says federal oversight isn't required
A Phoenix city councilwoman says federal oversight is not required to improve local policing. Ann O’Brien, who represents District 1, said the police department is working to implement 37 remedial measures recommended by the U.S. Department of Justice.
“I think we have taken steps to address some of it,” she said. “I believe that we can put together a plan that will provide accountability to our citizens and our police department.”
On June 13, the U.S. Department of Justice released a 126-page report and announced that Phoenix police have used excessive force, acted with bias, and violated constitutional and civil rights.
“This council, I believe, is committed to ensuring that our police department continues to improve and constitutionally police our city and make it safer for all citizens,” O’Brien said.
The DOJ has frequently used consent decrees with other cities. They involve a court monitor and years of federal oversight — a route O’Brien wants to avoid. If the city and DOJ cannot reach an agreement, the DOJ could take Phoenix to court.
When asked how long the DOJ would wait for Phoenix to agree to a consent decree or come up with an alternative, O’Brien said, “I don't know the answer to that question, because every other city has signed the agreement in principle, which led to the consent decree. So, I don't believe there is an example where you can look back and say, you know, if you wait this amount of time, they're going to do this action. If you do this, they might do this. The City of Phoenix is different than most of the other cities that (the DOJ) have been in.”
On Monday, the City Council met behind closed doors to get legal advice. Discussions held in executive session cannot be publicly revealed, per state law. The Department of Justice has not responded to KJZZ’s requests for information.
