After multiple hurdles, vote nears on Civilian Review Board for Phoenix police

Phoenix's police oversight office soon could swear in its first-ever Civilian Review Board if the City Council moves Wednesday to authorize the panel.

The nine-member board would be tasked with reviewing and determining whether the Phoenix Police Department's investigations dealing with use-of-force incidents and claims against officers were completed thoroughly and fairly. It would be embedded in the city's Office of Accountability and Transparency.

The board would have no role in the department's investigations or in disciplining officers but could recommend changes on how the department conducted future investigations and weigh in on the appropriateness of how officers were being disciplined.

The proposed city code also eliminates OAT's authority to conduct or participate in investigations and recommend disciplinary actions for officers — a response to changes in state law that former Republican Gov. Doug Ducey approved in 2022 that curtailed local police oversight.

Phoenix Mayor Kate Gallego said at a policy meeting in March the Civilian Review Board would "modernize and strengthen" the Police Department and "add another layer of community conversation and accountability" that hopefully increases trust.

Gallego added that the city's plan to nix OAT's investigative authority was "not wanted or expected" but done to comply with state law.

The removal of OAT's investigative authority from city code means even if the state Legislature were to repeal its laws restricting police oversight, the Phoenix City Council would need to draft and pass a new ordinance to reinstate the powers initially intended for the office.

The city could have kept OAT's investigative authority in city code and not enforced it, as it has done since the changes to state law occurred, but Deputy City Manager Ginger Spencer said to avoid confusion, it made sense to clean up the ordinance while amending it to establish the Civilian Review Board.

The mayor noted it was already difficult to hire staff at OAT because state law changes confused applicants about what their positions would entail. Gallego said clarity was important to ensuring the office's future success.

Spencer said with council's approval, the nine-member board could be appointed in June, trained over the summer and begin monthly meetings in the fall.

The board would review cases dealing mostly with police shootings, in-custody deaths and any duty-related incidents involving serious physical injuries or death. The members would also look at cases where officers were investigated for homicide, assault, kidnapping, illegal sexual behavior or use of force.

The vote to establish the Civilian Review Board comes four years after the City Council first conceived of it.

The council approved conceptual plans for civilian oversight of police in February 2020, then formally created OAT in May 2021. Council members were waiting to staff the oversight office before creating the civilian panel. The office had 11 employees as of March, the mayor said.

In January, OAT's first director, Roger Smith, resigned. Smith cited a lack of independence to be able to perform the job. City documents show he was engaged in a months-long bitter dispute because city management objected to an attorney he wanted to hire for the office. City leadership said the candidate's previous volunteer work with a police agency disqualified her, based on city code.

Smith also had been placed on a performance improvement plan in early January. His supervisor said he needed to improve conflict-resolution skills.

Shannon Johanni, former research director at the Academy for Justice at Arizona State University's Sandra Day O'Connor College of Law, took over as OAT interim director.

The council's vote to establish a Civilian Review Board also comes as the Department of Justice continues its investigation into the city's Police Department, which launched in August 2021.

Federal investigators promised to look into the department's use of force, how officers interacted with unhoused individuals and people with disabilities, and whether discriminatory practices were used. It was unclear when the investigation would be completed.

More: First Minneapolis, then Phoenix? What's next in the ongoing Justice Department probe

On Wednesday, the City Council also was slated to approve $4 million worth of contracts with two law firms, Steptoe & Johnson and Dentons US, to represent the city during the DOJ investigation.

How the Civilian Review Board would work

After an incident that triggers a review, OAT staff members would write a report that examines the Police Department's finished investigation. Then the Police Department would write a response to OAT's monitoring report.

That monitoring report and the Police Department's response would be sent to the Civilian Review Board.

The mayor will appoint nine members to the Civilian Review Board. Two-thirds of the City Council must approve the appointments, or six of the nine council members including the mayor.

Board members would serve three-year terms for no more than two consecutive terms. The appointments would be staggered in groups of three to avoid high turnover. The board members must live or work in Phoenix, be at least 21 years old, and have no background in law enforcement.

The board would meet monthly, with a requirement of at least five members present. In the meetings, the members would:

• Review reports completed by the OAT staff and Phoenix Police Department investigations.

• Host presentations by guest speakers.

• Allow public comment.

• Determine if the OAT and Police Department reports are complete and thorough, and potentially add recommendations related for future investigations, trainings or policies.

By the end of each investigation review, the board would take one of five actions: adopt the investigation; adopt with revisions; decline; decline with revisions; and request additional information.

In addition to investigation reviews, OAT is tasked with conducting mediation to resolve disputes, administering a youth outreach program and "addressing other issues of concern to the community."

Gallego in March said the use of emerging technology in policing has been a growing concern in Phoenix, and that she hoped the Civilian Review Board would help contemplate "understanding the implications, which we may not understand without some robust community discussion."

Councilmember Kesha Hodge Washington said she hoped OAT would establish better communications protocols after a police shooting occurs, "because I think sometimes that creates more harm or injury to the individuals and their family members than is necessary."

Police union pushes back against Civilian Review Board

The Phoenix Law Enforcement Association, one of the city's police unions, emailed the mayor and Councilmembers Kevin Robinson, Jim Waring, and Ann O'Brien Tuesday to oppose the ordinance.

President Darrell Kriplean said he worried the ordinance was "being rushed through" and asked the council to delay the vote. The union had questions, he said, about board members' qualifications to weigh in on on police policy, and how the city would ensure OAT had no influence on open, unfinished investigations.

But as of Tuesday, all signs pointed to passage for the ordinance.

The most likely council member to reject the ordinance, Councilmember Jim Waring, said he was undecided on Tuesday. He noted it wasn't as "black and white" as to whether to approve OAT in the first place. He didn't support civilian oversight of police to begin with and was happy to see the Legislature curtail OAT's authority.

But given the office still exists and the city is paying for it, Waring said he acknowledged it may be worthwhile to approve the review board while the DOJ investigated the department. He said he would think about it overnight and listen to PLEA arguments if its representatives spoke at Wednesday's meeting.

Councilmember Ann O'Brien, another frequent defender of law enforcement, supported the ordinance, her chief of staff, Derrik Rochwalik, said Monday.

Councilmember Betty Guardado said Tuesday she supported the ordinance. She said Wednesday's vote would be the culmination of years' worth of work, and that she hoped it would create a bridge between community members and the police.

"Trust was always the end goal for me, and it still is the end goal for me," she said.

Councilmember Kevin Robinson, a 36-year veteran of the Phoenix Police Department, also said he backed the Civilian Review Board.

"It's 2024. Times are changing, and it's going to be important for us to meet the needs and make sure we're transparent, we're accountable, we're all the things that we strive to be as a law enforcement agency," Robinson said in March.

Councilmembers Kesha Hodge Washington, Debra Stark and Laura Pastor could not be reached for comment.

Taylor Seely covers Phoenix for The Arizona Republic / azcentral.com. Reach her at tseely@arizonarepublic.com or by phone at 480-476-6116.

This article originally appeared on Arizona Republic: Phoenix City Council nears vote on police Civilian Review Board