Attachment A - Draft Ordinance

ORDINANCE G-______ 
AN ORDINANCE ESTABLISHING THE GOVERNING 
LANGUAGE FOR OFFICE OF ACCOUNTABILITY AND 
TRANSPARENCY BY CREATING A NEW CHAPTER 20 
OF THE PHOENIX CITY CODE; AND ESTABLISHING AN 
EFFECTIVE DATE. 
_______________ 
WHEREAS, the mission of the Office of Accountability and Transparency 
(OAT) is to provide for independent review of the Phoenix Police Department; and, 
WHEREAS, the OAT is hereby created as a new City administrative office 
under the City Manager; and, 
WHEREAS, the City is responsive to community requests for independent 
commendations or registration of a complaint against a sworn member of the Phoenix 
Police Department; and,   
WHEREAS, the OAT will ensure that a complaint is fairly and objectively 
resolved either through mutually acceptable mediation or as a result of a thorough and 
fair investigation. The OAT shall meet these objectives by monitoring or directly 
participating in the investigation of use of force, in custody deaths, and other matters of 
public interest, and by making suggestions regarding discipline; and,  
WHEREAS, the OAT shall research, analyze, and share information with 
the Police Chief, City Manager, and community designed to improve the policies, 
practices, procedures, training, and community engagement activities of the Phoenix 
Police Department; and, 
WHEREAS, the OAT shall prepare and provide transparent reports to the 
public to help educate and inform the community; and,  
WHEREAS, the OAT will create a team of competent, dedicated, and 
independent staff to function as a conduit that in the long run shall encourage an 
environment where the broader community can have greater trust of its police 
department and the department will have greater connectivity to the community it 
serves.  
Attachment A
THIS IS A DRAFT COPY ONLY, AND IS NOT AN OFFICIAL COPY OF THE FINAL, 
ADOPTED ORDINANCE

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Ordinance G-_______ 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX AS 
FOLLOWS: 
SECTION 1. CHAPTER 20, OFFICE OF ACCOUNTABILITY AND 
TRANSPARENCY, IS ADDED AS FOLLOWS: 
Chapter 20. OFFICE OF ACCOUNTABILITY AND TRANSPARENCY .......................... 2 
Article I. Creation of Civilian Review................................................................................ 2 
Sec. 20-1.  Office of Accountability and Transparency Created. .................................. 2 
Sec. 20-2. Reserved. .................................................................................................... 3 
Sec. 20-3. Reserved. .................................................................................................... 3 
Article II. Office of Accountability and Transparency ....................................................... 3 
Sec. 20-4.  Appointment, Qualification, and Removal of Director. ................................ 3 
Sec. 20-5.  Director Staff. ............................................................................................. 3 
Sec. 20-6.  Mandatory Oversight by the Director. ........................................................ 4 
Sec. 20-7.  Discretionary Oversight by the Director...................................................... 5 
Sec. 20-8.  Public Reporting by the Director. ............................................................... 5 
Sec.20-9.  Confidentiality. ............................................................................................ 6 
Sec. 20-10.  Internal Investigations. ............................................................................. 7 
Sec. 20-11.  Role of the Director in the Disciplinary Process. ...................................... 7 
Sec. 20-12.  Director Access to Records and Other Items. .......................................... 7 
Sec. 20-13. Response to Director Recommendations. ................................................. 8 
Article III. RESERVED ..................................................................................................... 8 
Article IV. Miscellaneous ................................................................................................. 8 
Sec. 20-25. Definitions. ................................................................................................ 8 
Sec. 20-26.  Retaliation prohibited. .............................................................................. 9 
CHAPTER 20. OFFICE OF ACCOUNTABILITY AND TRANSPARENCY 
ARTICLE I. CREATION OF CIVILIAN REVIEW 
Sec. 20-1.  Office of Accountability and Transparency Created. 
A. The Office of Accountability and Transparency (“OAT,” or both the OAT office and
the individual hereafter referred to as "Director") for the City of Phoenix shall consist
of a full-time Director with appropriate professional and support staff.
B. The OAT shall have such staff and budget as the city council may prescribe. The
appropriations to pay for the expenses of the OAT during each fiscal year shall be
determined by the City Council as part of the annual City budget process.
C. The Director shall take community complaints; conduct outreach with the
community, support services to impacted community members, actively monitor and
participate in some investigations of uniformed personnel; make recommendations
to the Police Chief regarding administrative action, including possible discipline for

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Ordinance G-_______ 
such uniformed personnel; make recommendations regarding policy issues; and 
address other issues of concern to the community. 
D.
The Director shall establish standards of professional conduct and a
comprehensive training program for its staff to conduct and participate in
investigations of allegations or inquiries received against a sworn member of the
Phoenix Police Department (“Police”).
Sec. 20-2. Reserved. 
Sec. 20-3. Reserved. 
ARTICLE II. OFFICE OF ACCOUNTABILITY AND TRANSPARENCY 
Sec. 20-4.  Appointment, Qualification, and Removal of Director. 
A. The City Manager shall direct the recruitment for the Director with the assistance of
City of Phoenix Human Resources or another entity designated by the City Manager.
B. The Director shall serve at the pleasure of the City Manager. Prior to removal of the
Director, the City Manager shall consult with the Civilian Review Board (“Board”) in
Executive session regarding the intention to remove the Director. However, the City
Manager may take any personnel action, including administrative leave or
termination, if determined in the best interests of the City, in the City Manager’s sole
discretion.
Sec. 20-5.  Director Staff. 
A. The Director shall hire staff who shall work under the Director’s supervision.
B.
Staff are employees of the City of Phoenix and must follow the City personnel rules.
C. Neither the Director nor any employees in the Director’s office shall have formerly
been employees of the Phoenix Police department.
D. The Director will appoint one or more attorneys to advise and represent the Director
with respect to OAT work, provided:
1. any such attorney is admitted to the bar of the State of Arizona; and
2. any such attorney must not provide legal advice or representation to any
department or function of the City of Phoenix other than the Director.
3. All financial, personnel and administrative functions of any such attorney shall be
under the jurisdiction of the City Manager or Director and shall not be under the
jurisdiction of the City Attorney.
E. To retain outside legal counsel to advise and represent the Director with respect to
its work, provided:

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Ordinance G-_______ 
1. Counsel is retained pursuant to the standard terms of engagement then used by
the City Attorney, including any limitations on fees or costs; and
2. the costs of such representation are paid from the budget of the Director and not
from the budget of the City Attorney; and
3. the Director provides the City Attorney with notice of the engagement, including
the firm selected and a copy of the engagement agreement; and
4. in no situation may the Director use staff counsel or outside counsel hired by the
City in litigation by the Director against the City.
F. Nothing in the preceding provisions shall be construed to alter the authority of the
City Council or the City Attorney with regard to the defense of claims against the City
or individual City defendants, the settlement of monetary or other claims against the
City or individual City defendants, or any other powers or duties of the City Attorney.
Sec. 20-6.  Mandatory Oversight by the Director. 
A. The Director shall actively monitor and participate in any administrative investigation
of the incidents set forth below when the investigation is conducted by the Police
Chief. The Director will not participate in criminal investigations.
B. If the Professional Standards Bureau ("PSB") investigates any incidents set forth
below, the Director shall actively monitor and participate in the Police Chief
investigations:
1. Any shooting involving uniformed personnel, whether duty related or not;
2. Any in-custody death;
3. Any duty-related incident during which, or as a result of which, anyone dies or
suffers serious bodily injury as that term is defined in A.R.S. § 13-105(39), as it
may be amended from time to time;
4. An allegation brought by a resident against a sworn officer;
5. Any incident, whether or not duty-related, in which police department uniformed
personnel is under investigation for, or charged with, any crime set forth in A.R.S.
tit. 13, Chapters 11, 12, 13 and 14 (offenses against the person, which includes
homicide, assault, kidnapping, and unlawful sexual behavior) as they may be
amended from time to time; or
6. Any incident, whether or not duty-related, in which police department uniformed
personnel is under investigation for, or charged by, any jurisdiction with a
misdemeanor or local law violation in which a use of force (defined as assaulting,
beating, striking, fighting, or inflicting violence on a person) or threatened use of
force is an element of the offense.
C. With respect to paragraphs (iv), (v), and (vi) of subsection (B), if no criminal charges
are filed subsequent to an investigation, or such criminal charges are dismissed, the

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Ordinance G-_______ 
Director shall have the discretion to monitor any internal investigation arising from 
the subject incident. 
D. In addition, the Director shall monitor any other internal investigation of possible
misconduct by uniformed personnel when requested to do so by the Board or City
Manager. The Board or City Manager shall advise the Director of the reasons why
the Board or the City Manager believes the Director should monitor the investigation.
E. The Director may also make any recommendations to the City Manager or Police
Chief regarding the sufficiency of the investigation, determinations as to whether
department rules or policies have been violated, and the appropriateness of
disciplinary sanctions, if any.
F. The Police Chief shall as soon as practicable, notify the Director upon becoming
aware of:
1. An incident described in subsection B, or
2. An incident, whether or not duty-related, in which a police department uniformed
personnel is under investigation for, or charged by, a jurisdiction with a
misdemeanor or felony.
Sec. 20-7.  Discretionary Oversight by the Director. 
A. The Director shall have the discretion to monitor any internal Police Department
investigation of any civilian complaint, including:
1. Improper use of force;
2. Discrimination based upon race, color, creed, national origin, gender, sexual
orientation, gender variance, disability, religion, or political affiliation;
3. Retaliation for making a complaint against the police; or
4. Discourtesy.
B. The Director shall also have the discretion to monitor any internal investigation by
the Police Chief which the Director believes is in the City's best interest for the
Director to be involved.
C. Upon exercising discretion to monitor an investigation identified in subsection A or B,
the Director shall immediately notify the following parties of the investigation:
1. The Board and
2. The Police Chief.
Sec. 20-8.  Public Reporting by the Director. 
A. No later than March 15 of each year, the Director shall submit an annual public
report to the City Manager and the Board:
1. setting forth the work of the Director during the prior calendar year;

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Ordinance G-_______ 
2. identifying trends regarding complaints, investigations, and discipline of police
including, but without identifying specific persons,
i.
information regarding uniformed personnel who were the subject of
multiple complaints,
ii.
complainants who filed multiple complaints, and
iii.
issues that were raised by multiple complaints; and
iv. making recommendations regarding the sufficiency of investigations and the
appropriateness of disciplinary actions, if any, and
v. recommendations for changes to policies, rules, and training, and
vi. policy rules or training revisions implemented by the Police Chief.
B. The report shall present information in statistical and summary form, without
identifying specific persons, except to the extent that incidents involving specific
persons have otherwise been made public by the City of Phoenix.
C. In addition to the annual report, the Director shall publish a status report, which shall
be available to the public and which shall include, among other things, patterns
relating to complaints and recommendations regarding the sufficiency of
investigations and determinations as to whether department rules and policies have
been violated.
D. Based upon an analysis of reports and other information available to the Director,
the Director shall make timely recommendations to the Police Chief and the City
Manager.
E. The Director has the discretion to publish additional public reports throughout the
year about matters within the duties of the Director.
Sec.20-9.  Confidentiality. 
A. The Director, OAT staff, the Board, and all consultants and experts hired by the
Director shall treat all documents and information regarding specific investigations or
officers as confidential, except to the extent needed to carry out their duties.
B. The Director shall not discuss with any person or group, including the members of
the Board, the status of any criminal investigation, other than the fact that a criminal
investigation has not been completed and any anticipated date by which a criminal
investigation may be completed.
C. The Director, the Board, and all persons who participate in the Police's investigative
and disciplinary processes are part of the City's deliberative process regarding
investigative and disciplinary procedures for personnel. Furthermore, all
deliberations and recommendations learned by any of those persons or groups
during the exercise of their duties shall be protected by the deliberative process
privilege.

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Ordinance G-_______ 
Sec. 20-10.  Internal Investigations. 
A. The Police Chief shall cooperate with the Director in actively monitoring and
participating in internal investigations, including being present to monitor and
participate in interviews of witnesses and persons under internal investigation. The
Police Chief shall establish departmental policies regarding that cooperation. The
policies shall ensure that the Police Chief provides the Director with reasonable
notice of and opportunity to attend interviews, the opportunity to make
recommendations regarding investigations, and reasonable timeframes to complete
the steps in the internal investigatory process.
B. For any investigation that it monitors, the Director shall review the investigation to
ensure that it is thorough and complete.
C. If the Director cannot certify that the investigation is thorough and complete, the
Director may request that the Police Chief conduct additional investigation. The
Director must be specific in outlining issues it has with the investigation.
D. If the Police Chief does not complete the additional investigation to the satisfaction
of the Director, the Director may write a separate recommendation to the Police
Chief and City Manager.
 Sec. 20-11.  Role of the Director in the Disciplinary Process. 
A. The Police Chief shall cooperate with the Director in actively monitoring, attending
and participating in the disciplinary process. The Police Chief shall establish
departmental policies regarding that cooperation. The policies shall ensure that the
Police Chief provide the Director with reasonable notice and opportunity to:
1. Receive notice and opportunity to comment prior to entering agreements,
whether written or oral, resulting in the closure of internal investigations or the
disciplinary process;
2. Make recommendations regarding determinations as to whether department
rules or policies have been violated;
3. Make recommendations regarding the appropriateness of disciplinary sanctions,
if any;
4. Furthermore, the policies shall provide for reasonable time frames to complete
the steps in the disciplinary process.
Sec. 20-12.  Director Access to Records and Other Items. 
A. The Police Chief and all City employees shall fully cooperate with the Director by
providing the Director, within a reasonable amount of time, complete access to
records, information, documents, files, reports, evidence, databases, and all other
items, whether in paper, electronic, or other form, that the Director requests in order
to perform its duties set forth in the provisions of this Chapter, but not including
documents protected by the attorney-client privilege or the attorney work product
privilege or any document that must not be disclosed to the Director pursuant to
federal, state, or local law or federal or state regulation.

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Ordinance G-_______ 
B. If, in response to a request from the Director, records, and information cannot be
produced at all or produced within a reasonable amount of time, a written
explanation, sufficiently detailed for an understanding of why the records or
documents cannot be produced, shall be promptly provided. The Director shall not
be required to pay for copies of the materials set forth in this section, including
copies of documents previously supplied by the departments, provided that the
Director may not use those departments as a printing service to make multiple
copies of individual documents.
C. The Police Chief shall provide the Director with an opportunity to participate in any
committee or working groups involving external stakeholders convened to draft or
revise policies or practices concerning matters within the Director’s authority.
D. The Police Chief shall provide the Director with reasonable notice and an opportunity
to make recommendations before implementing an existing or adopting a new
substantive policy or practice concerning matters within the Director’s authority.
When a policy or practice necessitates an immediate revision or implementation due
to a change in the law, the Director will be notified as soon as practicable about the
change.
E. If the Director receives or is in possession of evidence or vital information pertaining
to a case under investigation, it must turn that over to the Police Chief promptly and
in the exact same condition that it was received.
Sec. 20-13. Response to Director Recommendations. 
A. The Director shall make recommendations to the Police Chief about matters within
the Director’s authority. If requested by the Director in writing, the Police Chief shall
respond in writing within thirty days and shall specify:
1. Either agreement with recommendations or reasons for disagreement with
recommendations;
2. Plans for implementing solutions to issues identified; and
3. A timetable to complete such activities.
B. Recommendations made by the Director and any responses shall be open to
inspection except as otherwise not subject to disclosure under state, federal, or local
law or regulation.
ARTICLE III. RESERVED 
Sec. 20-14 – Sec. 20-24. RESERVED. 
ARTICLE IV. MISCELLANEOUS 
Sec. 20-25. Definitions. 
A. City Manager means the City of Phoenix City Manager or designee.

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B. Deliberative process privilege has the same meaning as under Arizona law.
C. Director means Office of Accountability and Transparency or the head of the Office
of Accountability and Transparency, or designee.
D. Police Chief means the City of Phoenix Police Department, the Police Chief and any
police department uniformed personnel.
E. Uniformed personnel means all sworn members of the Phoenix Police department.
 Sec. 20-26.  Retaliation prohibited. 
A. No person shall retaliate against, punish, intimidate, discourage, threaten or penalize
any other person for reporting misconduct, making a misconduct complaint,
conducting an investigation, complaining to officials, providing information, testimony
or documents in an investigation or cooperating with or assisting the Director in the
performance of its powers and duties as set forth in this chapter.
B. Any employee who violates this provision shall be subject to appropriate disciplinary
action, up to and including termination from employment.
C. The remedies specified herein are cumulative and the City Manager, or the City
Attorney, may proceed under these or any other remedies authorized by law. In
addition to any other authorized remedies, a person who violates any provision of
this chapter shall be guilty of a misdemeanor. Each day of violation shall be a
separate offense.
D. Director shall develop specialized processes to intake and investigate complaints
made by officers within the Department that prefer to remain anonymous. The Office
shall implement protections for potential “whistleblowers.”
SECTION 2. The provisions of this Ordinance shall be effective MONTH 
___, 2020. 
PASSED by the City Council of the City of Phoenix this ___ day of 
_______ 2020. 
_________________________________ 
M A Y O R 
ATTEST: 
Denise Archibald, City Clerk

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Ordinance G-_______ 
APPROVED AS TO FORM: 
Cris Meyer, City Attorney 
BY: _________________________________ 
Julie Kriegh, Chief Assistant City Attorney 
REVIEWED BY: 
Ed Zuercher, City Manager 
JMK:vh:2013705_2.doc (revised version: 2202282 8-31-20)