PSJ Minutes 2-5-24-Draft.pdf
City of Phoenix — Public Safety and Justice Subcommittee (2025-03-05)
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Attachment A Phoenix City Council Public Safety and Justice (PSJ) Subcommittee Summary Minutes Wednesday, February 5, 2025 City Council Chambers 200 W. Jefferson Street Phoenix, AZ Subcommittee Members Present Subcommittee Members Absent Councilman Kevin Robinson, Chair Councilwoman Betty Guardado Vice Mayor Ann O’Brien Councilman Jim Waring CALL TO ORDER Chairman Robinson called the Public Safety and Justice Subcommittee (PSJ) to order at 10:04 a.m. with Vice Mayor O’Brien, Councilwoman Guardado, and Councilman Waring present. CALL TO THE PUBLIC Orla Bobo commented on the need improve Phoenix Fire Department response times and address recruitment challenges. She advocated additional funding for public safety be prioritized. MINUTES OF MEETINGS 1. Minutes of the Public Safety and Justice Subcommittee Meeting Vice Mayor O’Brien made a motion to approve the minutes of the January 8, 2025, Public Safety and Justice Subcommittee meeting. Councilwoman Guardado seconded the motion which passed unanimously, 4-0. INFORMATION AND DISCUSSION 2. Light Rail Security Update Light Rail Administrator Markus Coleman, Police Commander Leif Myers, and Valley Metro Director of Safety, Security, and Quality Assurance Adrian Ruiz, presented on this item. Mr. Coleman noted the presentation is an update to efforts that have been implemented to improve light rail security. Commander Myers provided an overview of the Phoenix Police Transit Unit noting that it is responsible for investigating transit-related crimes, supporting Valley Metro security, and responding to service calls. In terms of staffing, the Transit Unit has four enforcement squads and an explosive detection canine squad. Canine teams participated in 94 downtown events, contributing 2,590 staff hours. The Transit Unit handled 1,437 criminal investigations, made 1,766 arrests, and submitted 4,596 cases for prosecution. Moreover, Commander Myers shared the Enhanced Light Rail Security Plan which provides additional support to Valley Metro security twice a week and are specifically targeted in areas of community concern. Lastly, Commander Myers highlighted that the Transit Unit also focuses on community engagement and partnerships, noting that as the light rail extends south, precincts in those areas will increase community involvement. Ms. Ruiz provided context on the partnership of Valley Metro with the City of Phoenix, specifically detailing the security strategy in place. Councilman Waring asked the total number of passenger assault incidents from January to June 2023 and July to December 2024. Ms. Ruiz reported a total of 20 incidents in the first half of the year and 16 in the latter half. Councilman Waring asked what the total ridership was for 2023 and 2024. Ms. Ruiz reported 9.9 million riders in 2023 and 10.2 million in 2024. Councilman Waring acknowledged progress has been made to increase ridership and security is being added to support this increase. He asked when Valley Metro has last provided an update. Ms. Ruiz stated a formal presentation was given to the Council in the Summer 2023 and a report was shared in 2024. Councilwoman Guardado asked for clarification on safety concerns along 19th Avenue from Dunlap to Camelback. She noted that constituents have expressed feeling unsafe. Councilwoman Guardado asked if any feedback had been received regarding this specific corridor. Mr. Coleman emphasized enforcement on the light rail extends beyond fare compliance to include adherence to code of conduct rules, ensuring a safe and enjoyable ride. He explained the goal is to improve security visibility along the rail through ongoing partnerships with ambassadors, Allied Universal, and the Transit Unit, creating a layered approach to service delivery. Councilwoman Guardado asked for clarification on the role of the Light Rail Ambassador. Mr. Coleman explained that ambassadors focus on enhancing the rider experience by monitoring the environment, including maintenance, and assisting passengers with navigation and route guidance. Councilwoman Guardado continued to express concerns about the activity in the area and asked how Police can more effectively address these challenges. Commander Myers recognized that the area around 19th Avenue is challenging. In order to address the challenges in the area and the surrounding communities, multiple stakeholders including all surrounding precincts and the community needed to be involved. Councilwoman Guardado requested a plan be discussed to address challenges in that area and emphasized the importance of engaging the community to gather ideas on possible solutions. Councilman Waring recognized the area around 19th Avenue faces challenges and shared that he has received feedback claiming the light rail negatively impacted surrounding neighborhoods. He expressed frustration with dedicating excessive resources to certain areas while neglecting others. Ms. Ruiz continued the presentation by outlining additional measures Valley Metro has taken to address security concerns. Chairman Robinson asked how the community can communicate concerns. Ms. Ruiz explained non-emergency concerns can be reported through the Alert Valley Metro App. The concern is directed to a console operator, who then takes the appropriate action to address the issue. Ms. Ruiz continued the presentation by providing details on cleaning and maintenance of the light rail, fare collection system modernization, and fare inspection and security service contract. She noted that next steps included continued coordination with all partners, as well as support the opening of the South Central Light Rail extension. Vice Mayor O’Brien asked staff to follow-up with the total number of prosecutions from the 4,596 criminal charges submitted. Vice Mayor O’Brien asked how many out of the 2,281 trespassing warnings were trespassed off the light rail. Commander Myers noted all warnings consist of individuals who were removed from the platform. Vice Mayor O’Brien asked for clarification on the difference between warning and citation. Commander Myers stated that a warning is a one-time chance to vacate the light rail and a citation is issued if they return. Moreover, Vice Mayor O’Brien asked that Metro District Community Collaboration be added to the list of partnerships. Vice Mayor O’Brien asked if the new fare system has been fully implemented. Ms. Ruiz confirmed yes. Councilwoman Guardado recommended that pressure washing occur more than once per week at light rail stops where there is more activity. Ms. Ruiz mentioned that power washing will be brought in-house, with the team now responsible for making this maintenance more frequent. Councilman Waring asked if the trespassing warnings occurred at the light rail station. Commander Myers confirmed that all trespassing warnings occurred at the platform. Councilman Waring questioned whether one in 10 riders receive citations, referencing the provided metric of 3,280 citations issued out of 34,581 riders. Commander Myers confirmed that one in 10 riders are cited, but stated he did not have the breakdown of the types of citations. Councilman Waring expressed concern over the number of arrests and further stated that safety issues discourage light rail ridership. Vice Mayor O’Brien asked if the cameras at the Thelda Williams Transit Center were a part of the Real Time Operations Center (RTOC). Ms. Ruiz stated the cameras are ready to be incorporated into the RTOC and that communication with the City of Phoenix is ongoing to determine when they would be incorporated. Vice Mayor O’Brien asked Phoenix staff when the cameras would be incorporated into the RTOC. Mr. Coleman stated that the deadline for the transition has not been decided but would follow-up. Councilman Waring asked staff to determine the total of riders subsiding light rail. Councilwoman Guardado asked if the numbers for arrests and citations presented representative of the totals across the board. Mr. Coleman noted the activities were specific for activities along the 19th Avenue corridor and during the Code Compliance Program. He recognized that the behaviors experienced in that corridor, which has been identified as a hotspot, will be different when compared to others. Chairman Robinson asked for clarification on the light rail hours of operation and the Transit Unit work hours. Ms. Ruiz stated the light rail operates from 3:30 am – 2:30 am. Commander Meyers stated the two enforcement shifts run from 6 am – 1 am. Chairman Robinson encouraged the Police Department to engage with the community to further understand concerns. 3. City of Phoenix Prosecutor’s Office Overview City Prosecutor James Sampanes presented this item. Mr. Sampanes provided an overview of criminal jurisdiction which includes misdemeanor crimes committed within the City limits, noting that the Office doesn’t not prosecute felonies. Next, Mr. Sampanes stated the mission of the Prosecutors Office is to provide effective and efficient justice for all. He noted that prosecutors are directed and bound by agencies such as the Arizona Supreme Court and American Bar Association. Mr. Sampanes outlined the criminal case process, which involves the Police, Prosecutor, and Court. He explained that the Police serve as the first filter, relying on their experience, judgment, and de-escalation skills before taking enforcement action. If charges are filed, they are forwarded to the Prosecutor’s Office. The final filter is the Court, where the defendant is presumed innocent until proven guilty. Next, Mr. Sampanes detailed the relationship between the Prosecutor’s Office and the Police Department. He noted both agencies meet regularly and discuss issues, seek understanding of issues facing the community, assist with training in area of expertise, and provide clear, consistent information. For example, he explained that while Police may make an arrest based on their perspective of probable cause, prosecutors must evaluate it from a legal standpoint to determine whether it was properly established. Further, Mr. Sampanes provided an example of a ticket submission initially classified as a misdemeanor by the Police, later re-evaluated as a felony by Prosecutors, and ultimately dismissed and forwarded to the Maricopa County Attorney’s Office (MCAO). Councilwoman Guardado asked what happens to the individual when a case is dismissed as referenced in the example above. Mr. Sampanes indicated this a frequent occurrence. He stated that if the individual is in custody, they would be released and the case would be reviewed by the MCAO. At the point, they may proceed with charges or return back to the Prosecutor’s Office. Councilwoman Guardado asked why individuals who are charged with a felony are released and not held in custody. Mr. Sampanes noted MCAO ultimately has the discretion to determine whether it will be formally charged as a felony. Councilwoman Guardado asked why there isn’t a system in place that would allow the individual to be transferred between agencies versus getting released. Mr. Sampanes explained the Maricopa County Attorney's Office (MCAO) has a process requiring them to decide the outcome of a case within 48 hours in order to hold someone in custody on a felony charge. In Phoenix, however, such a process does not exist because the individual could be released from custody before a decision is made. Next, Mr. Sampanes provided context on domestic violence cases that came through the Prosecutor’s Office. He noted that in FY2023-24, 21 percent of all cases are domestic violence related. Furthermore, he provided the breakdown of cases by type noting that majority are assaults, followed by criminal damage and interfering with judicial proceedings and violation of order of protection. Mr. Sampanes also provided the domestic violence dispositions and noted that 27 percent of cases are dismissed, 18 percent plead, and 27 percent declined. Mr. Sampanes shared a story about an individual who faced six trespassing charges but was not arrested but rather cited. The person failed to appear in court for those charges, which eventually led to their incarceration. However, they participated in community court and successfully graduated, resulting in the dismissal of all charges. Vice Mayor O’Brien echoed Councilwoman Guardado’s concern about releasing individuals before they are convicted. She supported the implementation of a system to address this issue. Vice Mayor O’Brien asked for clarification on what is encompassed in the 27 percent of declined cases. Mr. Sampanes stated Police detectives submit the charges to the Prosecutor’s Office and that it may be declined by the Office for several reasons. Vice Mayor O’Brien asked if detectives have the opportunity to continue working on the case. Mr. Sampanes explained that, in addition to cases being declined, there are instances where the Prosecutor’s Office requests additional information to gain a better understanding of how to proceed with prosecution. Vice Mayor O’Brien asked if cases sent to MCAO are considered declines. Mr. Sampanes stated he was not aware and he would follow-up with that information. Vice Mayor O’Brien asked the breakdown of cases forwarded to MCAO be provided. Councilman Waring expressed frustration with the repeated lack of repercussions for individuals, specifically referencing the story provided above. He mentioned that incidents of trespassing, such as the one in the example, contribute to the challenges presented by Proposition 312 and noted the City will struggle to defend itself due to its reluctance to convict. He asked Mr. Sampanes to provide insight into this issue. Mr. Sampanes explained that prosecuting misdemeanor cases enables corrective actions, like those intended by the community court. He noted the community court is advantageous as it provides benefits to the community and, ideally, helps prevent recidivism. Councilman Waring expressed frustration with the approach that provides multiple opportunities for corrective action and further asked a presentation be given that would provide insight into the repercussions of Proposition 312. Councilwoman Guardado asked for clarification on the process for prosecution arrests. Mr. Sampanes mentioned that this has been a focus for the Prosecutor’s Office. He emphasized the individual is presumed innocent until proven guilty beyond a reasonable doubt. Additionally, if the individual is booked, the Prosecutor’s Office ensures a national criminal background check is conducted to provide the judge with as much information as possible, along with requesting a substantial bond amount. Councilwoman Guardado asked what the requirements are to book someone. Mr. Sampanes explained that an officer must have probable cause, such as evidence of intent to commit the offense. Officers can make this determination by observing and interacting with the individual. Councilwoman Guardado noted she is aware individuals are returning to certain areas and asked how many attempts an individual will be allowed before they keep coming back. Mr. Sampanes responded travel restrictions prevent individuals from returning to the area, if bail is granted. Councilwoman Guardado expressed that these restrictions are not being enforced enough and called for stricter systems to prevent recurrence. Chairman Robinson asked if it is a frequent occurrence for prosecutor’s to ask for further information on a police report. Mr. Sampanes stated it does occur frequently, and practical advice is provided to the Police to ensure these process improvements are being implemented. Vice Mayor O’Brien asked for clarification on the difference between case declines and dismissals. Mr. Sampanes explained that dismissals include the rationale behind the decision, while declines provide reasoning based on missing information. Vice Mayor O’Brien asked if this information is tracked. Mr. Sampanes indicated this information will be included in the update to the case management system. Vice Mayor O’Brien asked if prosecutorial discretion needs to be articulated to be considered a part of the reasoning for a dismissal or decline. Mr. Sampanes indicated prosecutors always have discretion, but added to have clear and consistent communication, rationale is provided. Vice Mayor O’Brien asked how many Class 3 misdemeanors an individual can have before it is upgraded to another class misdemeanor of felony. Further, she asked how many more times someone can continue to break the law before proceeding with prosecution. Mr. Sampanes indicated there are no Class 3 misdemeanors that lead to a felony charge aside from driving under the influence, domestic violence prosecution, or shoplifting. Others can continue to add up without a felony charge. Vice Mayor O’Brien expressed concerns about the lack of accountability for Class 3 misdemeanors, noting that issuing citations in lieu of detention (CLD) can continue to be issued without consequences. Mr. Sampanes indicated when citations are given, offenders are assigned a court date, and if they fail to appear, a warrant for their arrest will be issued. Vice Mayor O’Brien requested a follow-up on the total number of CLDs issued for recurring offenders, as well as the number of outstanding warrants for individuals who did not show up to court. 4. Phoenix Police Department Recruitment, Hiring, and Attrition Update Police Commander William Jou and Police Commander Sara Garza presented on this item. Commander Jou provided an update on staffing, noting as of January 1, 2025, the Police Department was staffed with 2,506 officers and had a hiring target of 3,125. Additionally, Police saw an increase in the number of applications received, increasing from 2,571 in 2023 to 3,027 in 2024. Of those, five and a half percent of all applicants were hired. On the other hand, Commander Jou indicated 204 officers separated from Police in 2024, a decrease since the peak in 2019. Most separations were due to DROP, Early Drop, and retirement. He indicated that in 2026, hiring should catch up and overtake attrition from separations. This projection is calculated by analyzing the historical average attrition of officers per month, considering the known scheduled retirements, and having a hiring target of 35 new hires every two months. This projection indicates a total of 2,603 officers in December 2027. Councilman Waring inquired about the last time the Police Department had fewer than 2,600 officers. Commander Jou noted he did not have the exact year but estimated it to have been in the 1990’s. Councilman Waring expressed frustration with the staffing levels. Commander Garza presented on the Police Academy retention numbers. She indicated out of 17 academies across the State, the Phoenix Police Academy has one the highest retention rates, noting that in 2023, 75 percent recruits were retained. This is attributed to the quality of recruits hired, quality of training, and wellness measures. On the other hand, reasons recruits are leaving include personal reasons, sickness or injury, academics, or lack of time in the Academy. Next, Commander Garza spoke about officer retention in the Field Training Officer (FTO) programs. She noted retention numbers are also high with 75 percent retained in 2023. Reasons recruits are not retained include insufficient performance with standard evaluation guidelines and personal issues. Commander Garza added there were 100 recruits undergoing the Academy, a number that continues to increase. Chairman Robinson asked how many classes there are. Commander Garza responded that the recruits are divided into a total of 4 classes. Commander Jou stated next steps include the development of strategies to increase hiring rates and decrease attrition rates, integrate Recruiting Team with Community Action Officers and Community Engagement Unit, and continue promoting public safety events and outreach in partnership with Phoenix Fire. Vice Mayor O’Brien expressed concerns with current staffing levels in comparison to previous years. She asked how many applicants are making it past the AZ Post qualifications to be certified. Commander Jou stated that the Phoenix Police Department screens applicants, and if new information emerges during the process, they can consult with AZ Post to determine the appropriate next steps. At the conclusion of the application process, a packet is submitted recommending the best candidates for certification. Vice Mayor O’Brien asked whether the projection of 2,603 officers by December 2027 assumed that 35 new hires would be added every two months. Commander Jou confirmed. Vice Mayor O’Brien stated the hiring of 35 officers every two months should be considered a goal rather than a projection, as the projected retention rates indicate the total number of officers will not reach 2,603. Chairman Robinson asked what factors are contributing to the lack of hiring recruits. Commander Jou indicated it is mostly adherence to the AZ Post standards. Chairman Robinson asked whether the standards include drug use and undisclosed arrests. Commander Jou responded that he would need to reference the research which is currently being collected. He added that if an applicant is otherwise qualified but faces a barrier preventing them from moving forward, they can petition for a waiver through the AZ Post board. Chairman Robinson asked whether recruits receive assistance during the Academy to ensure they meet all requirements for AZ Post certification. He cited the physical examination as an example. Commander Jou stated there is ongoing communication and coaching with applicants. Referring to the example given, he noted that the physical fitness failure rate is only 0.1 percent, which he attributed to the recruitment team's consistent engagement. Additionally, dedicated roles have been established to ensure applicants remain engaged and progress through the application process. He also highlighted that the Public Information Officer (PIO) Team has started hosting Instagram Live sessions, allowing applicants to interact with a PIO and get their questions answered—an initiative that has been successful so far. Chairman Robinson stated individuals who reach the end of the Field Training Officer (FTO) program are generally assumed to have secured their place within the Phoenix Police Department. He emphasized the importance of ensuring that training is conducted effectively. Anne Ender commented on the Phoenix Police report and expressed concerns over staffing levels and morale. INFORMATION ONLY 5. Fire Department Staffing and Response Times Update and Information Request Report Councilman Waring asked if information regarding staffing and response times have been shared with the media. Fire Chief Michael Duran indicated information has not been shared with the media. Councilman Waring asked why there are significantly less calls for service in District 2 in comparison to other Districts. He specifically asked about calls for altered states of conscious noting District 2 less of these calls than other Council Districts. Chief Tim Kreis stated that these differences are being examined in collaboration with Maricopa County to gain a clearer understanding. Councilman Waring further indicated calls for service are significantly increased. He specifically noted increase in calls for service and noted the type of calls that show big discrepancies such as difficulty breathing, unconsciousness, and car accidents. Chief Kreis reaffirmed that the discrepancies in call volumes will be studied to understand the underlying causes. Councilman Waring asked if the conversion of Rescue 45 and Rescue 49 to full time units will theoretically reduce response times throughout the entire system and particularly in District 2. Chief Kreis confirmed and noted that response times in District 2 are improving as of January 2025. Councilman Waring indicated he did not understand why the two new fire stations are not going to be placed in District 2 since it experiences the highest call volumes. He asked when District 2 should expect a new fire station. Chief Duran stated fire stations are typically proposed for construction during the General Bond process. Councilman Waring asked progress Fire calls for service and recruitment be shared in the future. Councilwoman O’Brien left the meeting at 12:54 PM. Councilwoman Guardado emphasized that the quality of life in South Phoenix is significantly worse compared to other areas. She requested that access to healthcare and food be included in a follow-up report. Assistant City Manager Lori Bays noted data on social determinants of health and other factors influencing higher call volumes could be provided in a follow-up meeting across different districts. Councilwoman Guardado inquired about the timeline for a comprehensive report. Assistant City Manager Lori Bays indicated that a more detailed report could take up to 6 months to produce. Chief Duran added the Fire Department is looking at alternative types of responses, such as telehealth, with a goal of diverting calls. Councilman Waring asked if the Transaction Privilege Tax increase being proposed will result in more firefighters and new fire stations. Assistant City Manager Bays stated the full City Council would need to discuss where to allocate the funding, if they choose to do so and if the proposed increase is approved. However, she mentioned it was possible. 6. Community Assistance Program (CAP) Expansion Implementation Report Information only. No councilmember requested additional information. 7. Police Call Data and Response Time Information Requests Information only. No councilmember requested additional information. CALL TO THE PUBLIC Denice Garcia commented on ongoing litigation, noting a Phoenix Police Officer involved in the case had appeared at her home. She requested that Police leadership investigate the incident and determine how to prevent it from happening in the future. Roland Harris expressed support for Denice Garcia, emphasizing this should not be happening. Additionally, he noted that with the Department of Justice investigation on hold, there is an opportunity for the Police to review and improve their policies. Mimi Aria also voiced support for Denice Garcia, stressing this situation should not be occurring. She indicated there are systemic issues that cannot be addressed solely through public safety measures. Requel Britain commented on the inconvenience of morning meetings, noting their inaccessibility. She urged City Departments to improve coordination to ensure discussions are more focused on constituents' needs rather than solely on funding. FUTURE AGENDA ITEMS Chairman Robinson asked for a follow-up on the Police Department response to mass demonstrations. ADJOURNMENT Chairman Robinson adjourned the meeting at 1:15 p.m. Respectfully submitted, Destiny Dominguez Management Fellow