Attachment B - Challenge Coin.pdf

City Council Policy Session
Attachment B
Agenda Date: 8/24/2021
Ballard Spahr Investigations: Challenge Coin
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 challenge coins and 
related memorabilia circulated among Phoenix police officers depicting the shooting of 
a protestor during an August 2017 protest outside the Phoenix Convention Center.
THIS ITEM IS FOR DISCUSSION AND POSSIBLE ACTION.
Summary
The City retained Ballard Spahr to conduct an independent inquiry into the creation 
and circulation of challenge coins within the Phoenix Police Department.
The Ballard Spahr report found the following:
·
The creator of the image of the protestor or the creator of the challenge coin
could not be determined; as the report notes, the image appeared on social
media postings the day after the event and soon appeared on items offered for
sale online including by certain alt-right groups.
·
It does not appear that City funds were used to create or purchase challenge
coins or related memorabilia with the images at question, though city resources
such as interdepartmental mail service were employed in distribution of the
coins.
·
Some challenge coins and memorabilia were exchanged or purchased among
and by officers on City property and on City time.
·
Officers understood the “Making America Great…” phrase had a political
connection to the campaign of the former president.
·
The investigation found no evidence of City employees having knowledge of a
connection to hate speech, and no finding of any City of Phoenix employee
linked to white supremacist ideology in using, distributing, or possessing the
protestor image or the challenge coin.
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Agenda Date: 8/24/2021
However, Ballard Spahr’s investigation does lead to other concerning findings that
raise significant issues that are being addressed, including:
·
Distribution of a coin identified with the Phoenix Police Department that uses a
phrase - “Good Night Left Nut” - that has ties to hate speech, regardless of
whether the employees knew of those ties.
·
Use of partisan political speech - “Making America Great Again…” - on a coin
circulated among PPD.
·
Creation, use and circulation of a disrespectful image of a protestor being shot in
the groin by a Phoenix police officer.
·
Distribution by supervisors to subordinates of items that potentially violate police
policies.
·
Use of informal investigations without documentation to validate their efficacy.
·
A lack of follow-up by executive police leadership.
·
Limits placed on Ballard Spahr’s investigation by the police officer bill of rights
and the City’s MOU with the Police union.
The City Manager has taken these findings seriously and is addressing them as
follows:
·
Individuals are being formally investigated by the Professional Standards Bureau
for their role in creating or distributing the coin or other memorabilia in violation of
existing Police Department policy.  The result of the PSB investigation may be
discipline issued to individual employees based on PSB findings.  Chief Williams
has already received discipline.
·
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.
·
Any TRU personnel named in the report will no longer serve in the TRU.
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Agenda Date: 8/24/2021
·
Chief Williams has been directed to write new policies or strengthen existing 
policies to deter any future activity in the following areas:
o Prohibiting hate speech;
o Prohibiting disparaging images, slogans or statements about residents, 
protestors or clients of the Police Department;
o Prohibiting political speech while on duty;
o Guidelines requiring specific approval from the Chief’s office for the 
creation and distribution of commemorative items, including challenge 
coins; and
o Guidelines for gifting of items by supervisors to subordinates.
·
Chief Williams has been directed to create a new procedure for department 
supervisors and executives for documenting informal investigations to ensure 
transparency.
·
The limits to their investigation encountered by Ballard Spahr arise from Ballard’s 
status as non-city employee investigators.  This limitation will be addressed in the 
future through an independent review team of city employees, which the Council 
has created in the Office of Accountability and Transparency (OAT).
Responsible Department
This item is submitted by City Manager Ed Zuercher and the City Manager's Office.
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