by Paul Parisi | Jul 27, 2024 | Opinion
By Paul Parisi |
On June 13, 2024, the United States Department of Justice (DOJ) released a critical report following a nearly three-year investigation into the Phoenix Police Department (PPD), alleging misconduct including excessive force, discrimination, and violations of homeless people’s rights. This report has prompted the DOJ to push the City of Phoenix to sign a consent decree, which would subject the PPD to court-ordered monitoring.
The report has stirred considerable debate among Phoenix city officials and residents. The DOJ’s findings have cast a spotlight on the PPD’s practices, while the proposed consent decree has raised concerns about federal overreach and its potential impact on local law enforcement.
Phoenix City Council members have voiced their concerns about the report and the implications of entering into a consent decree. Councilwoman Ann O’Brien emphasized the DOJ’s poor track record and the high costs associated with such agreements. She pointed to Seattle, where violent crime increased by 37% during its 10-year DOJ monitoring period, and Albuquerque, which saw a 53% rise in violent crime since 2015 under federal oversight.
Closer to home, the Maricopa County Sheriff’s Office has incurred nearly $300 million in taxpayer costs since 2015 due to federal monitoring. This undue cost to the taxpayer equates to “defunding the police.”
Consent decrees for police departments began in 1994 with the “Violent Crime Control and Law Enforcement Act,” a legislative response to the nationally publicized police beating of Rodney King. While police brutality is unequivocally unacceptable, there is significant debate over whether federal oversight through consent decrees is the best solution. Critics argue that such measures often lead to increased bureaucracy and hinder effective policing, ultimately harming the communities they aim to protect.
Despite the DOJ’s allegations, the City of Phoenix has taken proactive steps to address issues within its police department. The PPD has implemented significant reforms, including revising use-of-force practices, purchasing body cameras, and adopting a robust accountability program. Additionally, PPD officers are the highest paid in Arizona, a strategy aimed at recruiting and retaining top talent.
The Phoenix mayor and city council, elected by local voters, have demonstrated their accountability to the community through these reforms. They have succeeded in reducing crime while training police officers in modern policing practices. This local control and responsiveness to community needs are seen by many as preferable to federal intervention.
Community support for the PPD is strong. Phoenix residents, who are intimately familiar with their community’s unique needs and challenges, overwhelmingly favor local control over federal oversight. Ronald Reagan’s famous quote, “The most terrifying words in the English language: I’m from the government and I’m here to help,” resonates with many who fear that federal intervention could do more harm than good.
Phoenix has gone out of its way to cooperate with the DOJ, making sweeping reforms on its own. The PPD’s efforts to improve transparency, accountability, and community relations demonstrate a commitment to policing excellence without the need for federal intervention.
The City of Phoenix must now decide whether to voluntarily submit to a consent decree that mandates court-ordered control of the PPD or face the possibility of being taken to federal court by the DOJ. There they will be forced to plead their case to a federal judge.
The debate over the DOJ’s proposed consent decree is not just about police reform; it is also about maintaining local autonomy and ensuring that the residents of Phoenix have a say in how their city is governed. As Phoenix grapples with this issue, the city’s leaders and residents are urging the mayor and council to reject federal overreach and continue striving for safer streets and brighter futures through local control and community-based policing.
As the city moves forward, it remains to be seen whether the DOJ consent decree will be adopted or if Phoenix will be allowed to chart its own course, confident in its ability to manage and reform its police department without outside interference.
Paul Parisi is the Arizona Grassroots Director for Our America.
by Joseph Yang | Jan 21, 2024 | Opinion
By Joseph Yang |
In whatever field you work for, can you imagine doing your job with one hand tied behind your back? What about both hands tied behind your back? Well, for the Phoenix Police Department this is no longer an “imagination,” this is their reality.
For the past 2 years, the Department of Justice has been investigating the Phoenix PD on the basis of allegations against the department regarding use of force, retaliation to protestors, and mistreating the homeless. For 2 years the Phoenix PD has been fully compliant with their investigation as stated by the Phoenix Law Enforcement Association in an open letter to Mayor Kate Gallego; “Because the city and it’s police department have nothing to hide, you have cooperated with every aspect of the DOJ’s investigation thus far – rightly so, and with our full support.”
However, the Phoenix PD, in that same open letter, conveyed their dismay to Mayor Gallego; “I write to you today on behalf of PLEA, United Phoenix Firefighters Local 493, AFSCME 2384, AFSCME 2960, ASPTEA and neighborhood groups Operation Blue Ribbon, Violence Impact Coalition, and Phoenix Mid-Century Modern Neighborhood Association to express our concerns about the direction of the DOJ investigation and its implications for the future of the City of Phoenix.” The Department of Justice, after concluding their “investigation,” has recommended—as they always seem to do—a consent decree go in effect for the Phoenix PD.
Now, why is this such a bad thing? Why are people against this? Here are a few of the reasons.
At What Cost
Let’s start with the most obvious reason taxpayers and residents of Phoenix oppose this. The financial burden on the City of Phoenix would be astronomical, costing the city $10 million alone for the court ordered monitor required by the consent decree. The rest of the cost widely depends on the length a consent decree is in effect for, but the Seattle PD, which has a consent decree, has spent $100 million so far. And that number continues to climb as the consent decree remains in place. I am sure you can see why taxpayers would be against this.
“I’m From the Government, and I’m Here to Help”
If the cost alone isn’t enough to sway you, then let’s look back on Ronald Reagan’s famous quote that the “nine most terrifying words in the English language are ‘I’m from the government, and I’m here to help.’” This is exactly what is going on in Phoenix. There really is no reason that someone from another state or the federal government should be dictating or instructing officers within the Phoenix PD. This takes away our state and local sovereignty. While the Phoenix PD is not perfect, they have taken actions and steps to improve and make policy and training changes when necessary. For the DOJ to come in and overreach in such a way, costing taxpayers hundreds of millions of dollars, is grossly inappropriate.
The CRIME, Need More Be Said?
If you look at cities that have a consent decree in place, violent crime has skyrocketed! In a statement, about a survey of officers within the Phoenix PD, the President of the Phoenix Law Enforcement Association said, “In [the survey], we asked what the members felt would happen to crime if a consent decree was implemented. 93.73% said crime would rise either somewhat or substantially. That is in line with what we have seen across the country.” In that same survey, officers were asked how likely they would be to retire if a consent decree were to go in effect for Phoenix PD. The President of the Phoenix Law Enforcement Association shared the results, saying, “Here in Phoenix, we are approximately 600 short of the max staffing of 3,125. In a recent survey, PLEA asked members how likely they would be to retire or resign if a consent decree was implemented in Phoenix. 12.57% responded that they would definitely retire or resign, while another 30.26% said they would strongly consider retiring or resigning. 42.87% is a concerning number!” Phoenix already has rising crime rates. We cannot afford to lose more officers. We need to gain more!
This Affects Us ALL
If you don’t live in Phoenix, why should you care? Phoenix is the 5th largest police department in the U.S. If the DOJ can do this to Phoenix, what will stop them from coming to Chandler, Gilbert, Mesa, Scottsdale, or other cities in the valley? Not only that, but if crime rates soar in Phoenix, that will certainly flow into neighboring cities. As the residency rates rise in Arizona, crime is bound to rise too, but so far Arizona has remained a decently safe state to live. However, if this consent decree goes in effect, there’s no telling how bad it could get.
Speed, Speed, Speed
After a slow and drawn-out investigation, speed seems to be the name of the game for the DOJ all of a sudden. After the DOJ concluded its two-year investigation, it brought its recommendation to the city council and for a decision within 48 hours. Many council members were frustrated and curious as to why an outside entity came into their city and demanded action in 48 hours when they themselves got 2 years to do their investigation. As Phoenix Councilwoman Ann O’Brien said, “Phoenix has been transparent and collaborative, now it’s time for the DOJ to do the same.”
This Is Nonpartisan
This is a non-partisan issue that affects all Arizonans, and we need you in this fight. Even the Maricopa County Sheriff Paul Penzone, a Democrat, has announced his resignation because of the lack of ability to run his office due to this consent decree. That’s why I encourage everyone in our state to go to community forums hosted by the Phoenix PD and voice your concerns. The future of our state may depend on it.
Joseph Yang is a young community leader and grassroots activist. He currently runs a community organization and serves on the Chandler Police Review Panel. Joseph is the Founder of the East Valley Young Republicans and current assistant state advisor for the TeenAge Republicans. He hosts a show called “The Conservative Seoul Show” that you can find here.
by Daniel Stefanski | Dec 8, 2023 | News
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.
