PHOENIX — In a preemptive effort, some Phoenix council members say they won’t sign any agreements with the Department of Justice until they have a chance to fully review the findings of a pattern or practice investigation.
It’s unclear exactly when the DOJ will finish the wide-ranging civil rights investigation, which started in 2021. DOJ investigators have been looking at police officers’ treatment of protesters, arrestees, and people with mental health conditions. The city’s handling of people experiencing homelessness is also under scrutiny.
The current flap started with Councilwoman Ann O’Brien, who posted on X, formally Twitter, on November 17 that “I have no intention on signing any @thejusticedept documents without reading them first.”
“It's important for our community members to know that there is a council member, or maybe more than one council member, who supports the Phoenix Police Department and will not just blindly go into a consent decree,” OBrien told ABC15.
Councilman Jim Waring also posted on social media this week saying, "Letting the DOJ take over Phx PD would be a disaster."
“I don't think we're being that obstinate. I really don't,” said Councilman Kevin Robinson, a retired assistant Phoenix police chief. “I want to see exactly what it is that [DOJ investigators] have, you know, what they have put into this report, and what conclusions they've come to based on that information.”
If the DOJ establishes that a pattern of constitutional misconduct occurred, the department will issue a public “findings letter” or “findings report,” and hold local meetings with government leaders and the community upon the report’s public release, according to a DOJ description of pattern or practice investigations.
Around the same time, the DOJ and the agency that was investigated usually write a joint “statement of intent” or “agreement in principle” document, which is the basis to begin negotiations on reforms. That preliminary agreement is the document Phoenix city leaders say they are hesitant to sign.
“Signing an agreement in principle without adequate time to fully review the findings would be irresponsible,” Phoenix communications director Dan Wilson wrote in an email to ABC15. “It would basically commit the city to enter a consent decree. Declining to sign the AIP while the city thoroughly reviews the findings report could still result in a consent decree, or a variety of other resolutions.”
A consent decree with the DOJ would result in a lengthy list of specific reforms, costing millions of dollars. An independent monitor, also paid for by the city, would ensure compliance. Another option is a memorandum of agreement, which could have a shorter, less stringent set of reforms and would not need outside monitoring.
“I want to make sure that they have a good, good understanding of our past history and the things that we have done to correct problems when they've come to our attention,” Robinson said.
This is an unusual move for Phoenix. In Minneapolis and Louisville, Kentucky, cities that have recently gone through pattern-or-practice reviews, city leaders signed “agreement in principle” documents to coincide with the public release of the DOJ findings. O’Brien told ABC15 that she would want to review the findings for 30 to 60 days before making any agreements.
Not all city council members agree with O’Brien and Robinson. Councilwoman Betty Guardado released a statement Wednesday calling out “misrepresentations” and saying, “Simply put – neither I, nor my fellow Councilmembers, nor the Mayor, can sign something that currently does not exist.”
“It would be best for all members of the Phoenix City Council to refrain from creating false narratives or placing blame on individuals who lack authority on the matter,” Guardado added. “Instead, let us focus on finding constructive ways to address and resolve any outstanding issues collectively."
The DOJ pushback is a significant change compared to statements two years ago by Mayor Kate Gallego, the former city manager, and former police chief, when the DOJ launched its investigation more than two years ago.
“I'm confident in our ability to engage and embrace what the DOJ is looking for in their practice or practice review, but I'm also confident that at the end of the day, if they tell us to do some things differently, we will fully embrace that and work towards that end,” former Police Chief Jeri Williams said in August 2021.
Community advocates question the motive behind the 180-degree perspective change
“The fact that they're not even willing to do that first step is a huge issue,” said Viri Hernandez with Poder in Action, a group that has been critical of Phoenix police officers' use of force and treatment of people of color.
”It's a red flag for us,” she said. “Another example of how this council, how this mayor has culpability in Phoenix police being one of the deadliest departments in the country.”
If the DOJ finds misconduct and Phoenix resists collaboration or consent decree negotiations, the DOJ has the option to take the city to trial, and a federal judge would decide what needs to be done to protect the civil rights of Phoenicians.
