By Daniel Stefanski |
Arizona Legislative Republicans have joined the crescendo of voices pushing back against an impending consent decree from the federal government.
This week, Arizona State Representative David Marshall and 20 of his colleagues in the chamber sent a letter to City of Phoenix Mayor Kate Gallego and members of the council, asking them to “swiftly reject any consent decree proposed by the DOJ and challenge the findings in the forthcoming DOJ report.”
The coalition of lawmakers warned that “the DOJ has used consent decrees to remove local control from police departments in metropolitan cities across the United States,” and that “relinquishing local control of these critical agencies to the federal government has been disastrous for both the public safety of the residents in those cities and for taxpayers.” They pointed to the experience of the state’s largest county, Maricopa, writing, “Arizonans have already suffered the drastic consequences of the DOJ consent decree over the Maricopa County Sheriff’s Department for the past decade.”
In their letter to City of Phoenix officials, the lawmakers also appealed to both the U.S. and Arizona Constitutions about how an enacted consent decree would violate both documents. The legislators stated, “The Arizona Constitution prohibits the state and its political subdivisions from ‘using any personnel or financial resources to enforce, administer or cooperate’ with any federal action or program that does not protect the checks and balances of the United States Constitution… To preserve Arizona’s sovereignty consistent with our state constitution, you must reject the DOJ’s coercive consent decree.”
The request from these representatives follows other petitions from Arizona officials who oppose the imposition of a consent decree upon the city’s police department. Earlier this fall, Maricopa County Attorney Rachel Mitchell posted her displeasure with the principle of federal monitoring of law enforcement departments, writing, “Look no further than MCSO to see what ‘federal monitoring’ does to agencies. Monitors (people paid to determine whether an agency is in compliance) have ZERO incentive to find compliance. It will cost the taxpayers MILLIONS and crime will increase.”
City of Phoenix Councilmember Ann O’Brien also wrote an op-ed for the Arizona Republic, voicing her sentiments regarding any arrangement handed down from the DOJ. In her piece, O’Brien wrote, “I have no intention of signing anything given to us by the Department of Justice without getting to read their findings first. That’s the thing: the DOJ gets agencies to sign an agreement in principle before ever releasing their findings, which essentially means that agency will negotiate a consent decree in good faith. Not Phoenix.”
On August 5, 2021, the U.S. Department of Justice opened a “pattern or practice investigation into the City of Phoenix and the Phoenix Police Department (PhxPD)” to “assess all types of use of force by PhxPD officers, including deadly force.” The DOJ highlighted that its investigation would “include a comprehensive review of PhxPD’s systems of accountability, including misconduct complaint intake, investigation, review, disposition, and discipline.”
At the time of the announcement, U.S. Attorney General Merrick Garland said, “When we conduct pattern or practice investigations to determine whether the Constitution or federal law has been violated, our aim is to promote transparency and accountability. This increases public trust, which in turn increases public safety. We know that law enforcement shares these goals.”
The City of Phoenix and Phoenix Police Department have updated people on the progress of the investigation, alerting readers that “city and police leaders have provided the DOJ with documents, videos, interviews, ride-a-longs, and access to training sessions with the department.” The City’s bulletin revealed that the DOJ investigation “has come with challenges, as it took several months to negotiate a method for sharing sensitive law enforcement information which complied with FBI standards.”
Per the City of Phoenix’s information, the DOJ’s Civil Pattern or Practice investigation into the Phoenix Police Department “is the 71st investigation of its kind since the Violent Crime Control and Law Enforcement Act of 1994 was signed into law by President Bill Clinton.” If DOJ finds “patterns or practices of misconduct,” then Phoenix will likely find itself with a federal monitor.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
