Attachment A - October 17, 2020 Protests.pdf

City Council Policy Session
Attachment A
Agenda Date: 8/24/2021
Ballard Spahr Investigations: October 17, 2020 Protests
This report provides a summary of the findings from the investigation conducted on 
behalf of the City Manager’s Office by Ballard Spahr, LLP, into the criminal street gang 
charges filed against a group of protestors who marched in downtown Phoenix on 
October 17, 2020.
THIS ITEM IS FOR DISCUSSION AND POSSIBLE ACTION.
Summary
The City retained Ballard Spahr to conduct an independent inquiry into the Phoenix 
Police Department's role in the decision to prosecute the protestors with criminal street 
gang charges.
The Ballard Spahr report found the following:
·
The decision to charge the protestors under the criminal street gang statute was 
made collaboratively among officials of the Phoenix Police Department (“PPD”) 
and Maricopa County Attorney’s Office and included consultation with other law 
enforcement agencies.
·
This collaboration pointedly omitted PPD’s Gang Enforcement Unit (“GEU”), a 
specialized team of police responsible for identifying and investigating criminal 
street gangs and their members, which, as a matter of operational policy, is 
required to lead gang-related investigations because of the highly specialized 
nature of such investigations.  There is strong suggestion that this was done to 
sideline those likely to object to charging the protestors as members of a criminal 
street gang.
·
Nevertheless, those investigating the protestors sought buy-in from GEU in the 
late stages of its investigation. A PPD official with supervisory authority over GEU 
refused, having determined that the investigation was being conducted 
inappropriately and that it risked doing substantial harm to GEU’s credibility.
·
Compounding PPD’s investigative failures is that police relied on non-credible
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Agenda Date: 8/24/2021
evidence wholesale, without critically evaluating the other, directly contradictory
information it possessed at the time.  To further support its case, PPD officials
took steps in direct contravention of the department’s rules and procedures -
conduct that in and of itself warrants further investigation.
These findings are taken seriously and are being addressed as follows:
·
At the recommendation of Ballard Spahr’s investigators as well as in follow-up to
an April 19 letter to Chief Williams from the Maricopa County Attorney’s Office,
the City Manager has asked the City of Tucson to conduct further investigation of
potentially criminal matters arising from this report.  Ballard Spahr did not have
authority to recommend or institute specific discipline of any City employees;
they defined areas the City should follow-up for further investigation.  Appropriate
discipline for involved employees will be determined through the City Manager’s
Office and Human Resources at the conclusion of their investigation.
·
Immediate discipline and reorganization of certain Police Department staff.
Administrative investigations have been opened on all staff having a role in the
report.
·
In addition to their original tasks, the city’s contracted external review team, 21
CP Solutions, has been tasked to provide an assessment of the Downtown
Operations Unit and the Tactical Response Unit and recommend to the City
Manager and Police Chief the appropriate reforms to these units.  This
information will be presented to the City Council.
·
In this case, Chief Williams was not informed by her staff of critical decisions.
She has taken action to re-organize her executive team.  Chief Williams has
been directed to develop a plan for establishing clear protocols to elevate
significant issues to the Police Chief without the option to delegate, in areas
including:
o Recommendations to deviate from Department policy or Operations
Orders;
o Issues of significant employee misconduct;
o Issues that concern the offices of the City Manager, Mayor and City
Council; and
o Any other issue of great significance to the City or Department.
·
Chief Williams has been directed to write new policies or strengthen existing
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Agenda Date: 8/24/2021
policies to deter any future activity in the following areas:
o Gang charging protocols and standards;
o Protection of 1st Amendment rights of all protestors;
o Appropriate oversight and review of coordination with the Maricopa County
Attorney’s Office on criminal charges for protestors and all other charges;
and
o Oversight to ensure appropriate review by the Special Investigation Detail.
·
Despite PPD’s assurances that Ballard Spahr would be provided with whatever 
information it believed necessary, on various occasions documents were either 
provided weeks or months after Ballard Spahr’s initial requests; on other 
occasions PPD appears to have ignored requests for information altogether. 
PPD provided no explanation whatsoever for such delays.  It has been 
communicated to Chief Williams that such conduct be addressed and corrected 
within the department.
Responsible Department
This item is submitted by City Manager Ed Zuercher and the City Manager's Office.
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