051314SBMA.DOC

Maricopa County — Formal (2014-08-13)

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Special Meeting Minutes
Tuesday, May 13, 2014 Board Members
Meeting Scheduled Start Time: Denny Barney, Chairman, District 1
1:30 PM Steve Chucri, Vice Chairman, District 2
Andrew Kunasek, District 3
BOARD OF SUPERVISORS Clint Hickman, District 4
Maricopa County, Arizona Mary Rose Wilcox, District 5
(and the Boards of Directors of the Flood Control
District, Library District, Stadium District, Improvement County Manager
Districts, Housing Authority of Maricopa County,
Housing Authority of Maricopa County and/or Board of Tom Manos
Deposit)
Clerk of the Board
Fran McCarroll
"The mission of Maricopa County is
to provide regional leadership and Meeting Location
fiscally responsible, necessary Sullivan Conference Room
public services to its residents so 301 W. Jefferson, 10th Floor
they can enjoy living in healthy Phoenix, AZ 85003
and safe communities”
BOARD OF SUPERVISORS
The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Special Session at
1:30 PM on Tuesday, May 13, 2014, in the Sullivan Conference Room, 301 W. Jefferson, 10th
Floor, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District
1; Steve Chucri, Vice Chairman, District 2 (by phone); Andrew Kunasek, District 3 (by phone); Clint
Hickman, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board;
Tom Manos, County Manager; Michelle Wood, Legal Counsel; and Maria Armstrong, Minutes
Coordinator.
Board Action
1. 14015-RFP, CONSULTANT FOR MELENDRES COURT ORDERED INTERNAL
ASSESSMENT
Approve the following solicitation serial items.
Serial: 14015-RFP
Item: Consultant for Melendres Court Ordered Internal Assessment ($155.535.00 estimate
/ 1 Year Until May 31, 2015 With 4 Renewal Option) This contract will allow MCSO to
procure consulting services that will assist MCSO in the completion of court ordered
assessments stemming from the Melendres Court Order. The initial term of this contract is
one (1) year with four (4) additional annual renewal options, and an initial value of
$155,535.00.
VRI Technologies LLC (C-73-14-058-7-00)

Special Meeting Minutes
Tuesday, May 13, 2014
Page 2 of 4
Supervisor Wilcox had requested that the item be pulled from a previous agenda to
review it. She stated that according to item 66 in the Melendres court order the
Maricopa County Sheriff’s Office has the authority to hire a person who will incorporate
analytical benchmarks and make sure the internal process is being carried out. She
expressed concern that the consultant, Howard Safir, was not chosen as a monitor by
Judge G. Murray Snow because of his involvement with stop-and-frisk issues related to
profiling in New York.
Chairman Barney clarified that the monitor’s sole duty is to set the appropriate
benchmarks. He said the case is specifically about traffic data that is being captured
with cameras and other technology and the monitor is establishing benchmarks that the
Sheriff’s Office can either analyze the data in-house or elect to outsource the analysis.
He stated that the Sheriff’s Office felt it would make more sense to bring in an external
resource and would be operating well within the confines of Judge Snow’s orders.
Chairman Barney said that the benchmarks have been set by the monitor, the data is
being collected, and every year an analysis of the information must be done.
Supervisor Wilcox explained that the reason she has concerns is because Mr. Safir
applied for the monitor position but was not appointed. She said that there are also
court documents presented by the U.S. District Court in New York that stated concerns
of his involvement in a case where the use of stop-and-frisk was used as a way of
profiling and that raised a red flag for her. She said that she does not want the
appearance that the County is hiring someone that may have background issues.
In response to questions Chief Freeman stated that paragraph 66 of Judge Snow’s
judgment does in fact give the Maricopa County Sheriff’s Office the authority to seek an
outside analysis of the traffic stop data that’s being collected. He explained that Mr.
Safir would be performing an analysis of the data that is being collected and identifying
issues that would be reported to the monitor, the plaintiffs, and the Sheriff’s Office. He
said that Mr. Safir would be looking for anything that the Sheriff’s Office might be
missing in the early intervention system in conjunction with the newly purchased
systems and identifying the conduct of the employees. He explained that there was a
bid process through the Office of Procurement Services and Mr. Safir was the only
bidder. He stated that he is comfortable with awarding the contract to the consultant,
Mr. Safir.
Supervisor Wilcox quoted a statement that was made while Mr. Safir was being
considered for the monitor position, “Mr. Safir was an unusual, controversial police
commissioner and his tenure was marred by tension between minority communities and
the department. The street crimes unit touted by Mr. Safir was disbanded shortly after
his departure due to serious allegations of abuse and discrimination”. She stated that
the Melendres case was based on racial profiling and she is disturbed that the County
would consider someone that had questionable background with the minority
community. She said she realizes that Mr. Safir will be strictly working with data but she
did not want to set up a situation where Mr. Safir might disagree with something the
monitor did and advise the County otherwise.
Supervisor Kunasek asked why the data analysis couldn’t be done in-house. He stated
that he does not share Supervisor Wilcox’s concerns.
Chairman Barney stated that the County is going to discuss that on May 14, 2014 with
Judge Snow. He explained that the monitor would be setting the benchmarks while the
consultant would be analyzing all the data collected. He said that while hiring a
consultant would be a significant expense the County is mindful of being diligent with

Special Meeting Minutes
Tuesday, May 13, 2014
Page 3 of 4
taxpayers’ money and stated that there is value of bringing in a different perspective to
the Sheriff’s Office. He said that Supervisor Wilcox’s points are well taken but the fact
remains that Mr. Safir was the only respondent to the Request for Proposal (RFP).
Chairman Barney said he is in favor of moving forward.
Supervisor Kunasek asked if County Procurement Services was comfortable with the
RFP process.
LeeAnn Bohn, Chief Finance Officer MCSO, stated that the County followed the RFP
process. She said that in April 2014 there was a pre-bid conference where there were
only two respondents and Mr. Safir was the only respondent to submit a proposal.
Supervisor Kunasek asked if Mr. Safir was a responsible respondent to the RFP and
met all of the criteria.
Ms. Bohn responded that Mr. Safir was.
Supervisor Hickman asked Supervisor Wilcox if she felt that the County would be better
off having the Sheriff’s Office do the work internally.
Supervisor Wilcox responded that she was unsure if the Sheriff’s Office would have the
resources internally. She restated her concerns that Mr. Safir was not chosen as the
monitor by Judge Snow and reiterated that the Melendres case is a racial profiling case.
She quoted the New York State Attorney as saying, “I think the perception has been that
there is disproportion of stopping minorities and now we have an analytical basis to say
that perception is real during his tenure”. Supervisor Wilcox stated that statement is a
great concern to her because the County has done a very good job with putting the
Melendres case in place and she doesn’t want to risk bringing in someone that has a
past in racial profiling. She suggested going out for bid again or the Sheriff’s Office
internalize the work.
Supervisor Hickman agreed with Chairman Barney’s comments that the County wants
to be cognizant of the use of taxpayers’ funds and making Maricopa County a better
place.
Motion to approve by Supervisor Hickman, seconded by Supervisor Kunasek
Supervisor Wilcox commented that she understands that the RFP was done in the
correct manner but it’s the perception in the community that is very important on the
Melendres case and it is disturbing that the County would hire someone who has a
questionable occurrence in his background regarding racial profiling.
Chairman Barney asked how many individuals were nominated to be the monitor.
Chief Freeman responded that each party was allowed to submit three names.
Chairman Barney stated that the individuals that can effectively provide analytics in
support of the monitor role is very narrow. He said that the County wants to be in full
compliance and pushing the work in-house for the internal assessments would slow the
process down. He stated that the Sheriff’s Office is trying to do right by the process and
he would like to move forward.

Special Meeting Minutes
Tuesday, May 13, 2014
Page 4 of 4
A voice vote was then taken with the following result.
Ayes: Barney, Chucri, Kunasek, Hickman.
Supervisor Wilcox stated that she does not want to stop the process but she is
concerned because of the nature of the Melendres case and the nature of some of Mr.
Safir’s background.
Supervisor Wilcox then registered her vote as a “nay”.
Supervisor Chucri stated that the Melendres case is a multifaceted issue that is complex
and convoluted. He said that the issue is clear, the County receiving only one proposal
and moving this forward is the right thing to do. He thanked Chairman Barney for his
efforts in meeting with Judge Snow on May 14, 2014 to ensure that the County is in
compliance.
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned.
________________________________
Denny Barney, Chairman of the Board
ATTEST:
_____________________________
Fran McCarroll, Clerk of the Board