PSJ 5.13.20 Minutes.pdf
City of Phoenix — Public Safety and Justice Subcommittee (2020-10-14)
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Phoenix City Council
Public Safety and Justice Subcommittee
Summary Minutes
Wednesday, May 13, 2020
City Council Subcommittee Room
Phoenix City Hall, Assembly Rooms A, B, and C
200 West Washington Street
Phoenix, Arizona
Subcommittee Members Present Subcommittee Members Absent
Councilman Nowakowski, Chair
Vice Mayor Guardado
Councilwoman Williams
Councilmember Garcia
Call to Order
Chairman Nowakowski called the Public Safety and Justice Subcommittee meeting to
order at 9:09 a.m. with Vice Mayor Guardado, Councilwoman Williams, and
Councilmember Garcia present.
Call to the Public
None.
1. For Approval or Correction, the Minutes of the Public Safety and Justice
Subcommittee Meeting on March 11, 2020.
Vice Mayor Guardado made a motion to approve the minutes of the March 11, 2020
Public Safety and Justice Subcommittee. Councilwoman Williams seconded the motion
which passed unanimously, 3-0.
Items 2-3 were for consent action. No presentations were planned but staff was
available to answer questions.
Vice Mayor Guardado made a motion to approve consent items 2-3. Councilwoman
Williams seconded the motion which passed unanimously, 3-0.
2. Authorization to Apply for, Accept and Disperse Grant Funds, and Enter into an
Agreement with the State of Arizona Department of Administration for the 9-1-1
Program
3. Intergovernmental Agreement with Maricopa County for Regional Emergency
Operations Management and Disaster Services
8. Reappointment of Phoenix Municipal Court Chief Presiding Judge
Chairman Nowakowski introduced Honorable Judge Taylor to provide testimony.
Judge Taylor expressed his appreciation to be considered for reappointment and
commended Municipal Court staff for their efforts during the COVID-19 pandemic. He
emphasized that staff are still available to the public during the pandemic to provide
orders of protection for those in dangerous situations.
Councilwoman Williams applauded Judge Taylor for moving individuals with substance
abuse into treatment instead of entering into the criminal justice system.
Councilwoman Williams made a motion to reappoint Chief Presiding Judge Taylor for
another annual term that would end on June 30, 2021 and a four-year term as Judge of
the Phoenix Municipal Court that will end Feb. 9, 2025. Vice Mayor Guardado seconded
the motion which passed unanimously, 3-0.
Councilmember Garcia joined the meeting at 9:17 a.m.
9. Appointment of Phoenix Municipal Court Judge
Judge Taylor provided background on the process of appointment of Frankie Jones as
Judge of the Phoenix Municipal Court.
Councilwoman Williams stated Ms. Jones is an exceptional candidate and will be an
excellent member of the court.
Councilwoman Williams made a motion to appoint Ms. Jones as a Judge of the Phoenix
Municipal Court for a term that would commence on July 6, 2020 and end on Jan. 17,
2022. Vice Mayor Guardado seconded the motion which passed unanimously, 4-0.
5. 2020 Homeless Court Update
Assistant City Manager Milton Dohoney, Jr. introduced Executive Court Administrator
Wilfred Gonzalez, Deputy Prosecutor Bob Smith, Interim Director of the Public
Defender’s Office David Ward to provide an update on the homeless court.
Mr. Gonzalez provided an overview of the homeless court. He stated the court started in
2006 and is designed to resolve misdemeanor offenses and outstanding warrants for
homeless individuals by utilizing treatment and other social services. Mr. Gonzalez
shared there are currently 26 justice courts and 23 municipal courts that participate in
the Maricopa County Regional Homeless Court.
Mr. Smith stated there are currently 40 social service providers and 60 programs that
the court works with to assist individuals recovering from homelessness. He shared that
approximately 600 individuals have gone through the homeless court, which represents
1,279 cases over the past three years.
Mr. Ward provided additional information on the graduation process for individuals
completing the homeless court process. He stated the homeless court is more than a
legal process and provides individuals with a holistic recovery with the ability to find
sustained success after graduation.
Councilmember Garcia asked for further information on how the court practices
continuous improvement to continue assisting more individuals experiencing
homelessness. Mr. Smith responded the homeless court model has been transitioned to
treatment courts which allows best practices to continue to grow. Mr. Ward stated
treatment courts address individual needs more effectively by solving underlying issues
before they cause additional damage.
Councilmember Garcia asked if there is a specific type of case the court encounters
more frequently. Mr. Smith responded the court often encounters quality of life crimes,
such as trespassing or consuming alcohol in public. He emphasized that clients are still
required to take responsibility for these crimes. Mr. Ward shared that individuals do take
responsibility and are willing to work towards making up for their actions..
6. Neighborhood Block Watch Grants
Assistant City Manager Milton Dohoney, Jr. introduced Commander Sean Connolly and
Management Assistant Rita Dean from the Phoenix Police Department to present on
neighborhood block watch grants.
Ms. Dean provide an overview of the two recommendations for neighborhood block
watch grants. She stated the first recommendation would maintain the allocated funding
amount at $1.5 million and increase the individual grant funding amount from $10,000 to
$12,500 to fund 120 grants.
Ms. Dean stated the second recommendation increases the authorized funding amount
by $850,000 to a total of $2.15 million which would allow 172 grants. She also stated
the current fund balance is $5.1 million.
Councilwoman Williams asked how many grants were funded this year and how many
applications were received. Ms. Dean stated there were 187 applicants and 184 grants
were funded in fiscal year 2020 at the maximum $10,000.
Councilwoman Williams clarified that she requested a maximum of $12,000, not
$12,500, so 185 grants could be awarded. She emphasized the importance of the block
watch program and the difference that is makes in the community.
Councilwoman Williams asked for further information on the funding allocated for the
gated alleyway program. Ms. Dean responded there are no known gated alley projects.
She added there is a recommendation from the Planning and Development Department
regarding the gated alleyway program, but that research is still being conducted before
it is considered by the Neighborhood Block Water Oversight Committee.
Councilwoman Williams made a motion to increase the neighborhood block watch grant
funding to $12,000. Vice Mayor Guardado seconded the motion which passed
unanimously, 4-0.
7. Authorization to Develop a Police Aircraft Fleet Replacement Plan
Assistant City Manager Milton Dohoney, Jr. introduced Lieutenant Kennedy from
Phoenix Police Department and Deputy Finance Director for Procurement T.J. Martin to
provide an overview of the aircraft fleet replacement plan.
Lieutenant Kennedy shared background on the Phoenix Police Air Support Unit which
includes five patrol helicopters, one twin engine helicopter, three fixed-wing Cessna
aircraft and one fixed-wing Pilatus aircraft. He stated the current fleet is aging rapidly
and creating operational challenges for the Air Support Unit. Lieutenant Kennedy
explained the current patrol helicopter fleet is limited to 10.5 hours per day, but with an
updated fleet the flight time could be increased to approximately 20 hours per day. He
also emphasized scheduled maintenance has become more frequent which results in
increased costs and a reduction in available fleet hours.
Lieutenant Kennedy stated an aircraft fleet needs assessment has been conducted by
the Phoenix Police Department but an additional assessment by an independent
aviation expert is being requested. He explained this assessment would seek to
determine the number and type of aircraft needed to meet current and future demands
for services and to determine a fleet replacement schedule.
Lieutenant Kennedy provided information on the qualifications of the third-party industry
expert. Ms. Martin stated the optimal procurement method would be a special
circumstance without competition as the recommended industry expert was the only
vendor that fell within the budget of not exceeding $50,000.
Councilwoman Williams asked for further information on the timeline of the assessment.
Lieutenant Kennedy responded the timeline of the assessment had not been
determined but that staff would return with this information once it is finalized.
Vice Mayor Guardado asked if staff could conduct the assessment internally. Mr.
Dohoney, Jr. responded the third-party expect was engaged to better inform the City
Council for a potential bond program that would help address fleet needs.
Chairman Nowakowski stated the City encompasses a large land area and needs an
effective air fleet. He asked if it is possible to rent or lease equipment to upgrade the
fleet. Mr. Dohoney, Jr. responded the members of the Subcommittee could determine a
strategy that includes lease prioritization and staff could determine if it would be a
feasible option. He added that the City Council directed staff to seek expertise to gather
a better understanding of which equipment to purchase and how to purchase them.
Councilwoman Williams stated an air fleet is essential for the City and is it important to
have multiple helicopters available to be efficient. She asked if the proposed allocation
is already included in the budget. Deputy City Manager Jeff Barton responded the
$50,000 proposed procurement is already included in the budget. He also stated the
expertise would add to staffs’ research to understand how diverse the fleet should be
due to the size of the expenditure.
Vice Mayor Guardado asked if the proposed allocation is appropriate given the
economic uncertainty from the COVID-19 pandemic. Mr. Barton responded the liability
of not addressing the fleet outweighs the expenditure for the third-party expert.
Vice Mayor Guardado asked if the assessment could be conducted internally. Mr.
Barton stated it is something that could be completed internally, however having a third-
party expert would provide additional knowledge on the industry and long-term strategy.
Vice Mayor Guardado asked for further clarification on the difference between an
internal analysis and a third-party expert. Mr. Barton responded staff is great at
operating the fleet, however the Police Department has limited knowledge of technology
and industry trends. He also stated the expert would provide a robust view beyond
staff’s capabilities.
Vice Mayor Guardado expressed support for utilizing the third-party expert.
Councilwoman Williams made a motion to send to the Council for approval with a
maximum allocation of $50,000. Vice Mayor Guardado seconded the motion.
Councilmember Garcia encouraged staff to see if there is an option to partner with flight
schools, the industry or other cities to conduct the assessment.
Chairman Nowakowski asked if there was an alternative plan for the fleet if a bond
program were not to move forward. Mr. Barton responded staff would collaborate with
the Police Department once the assessment is conducted to determine a financing
strategy. Mr. Dohoney, Jr. stated public safety staff average 13 rescues per week which
often require air support to rescue individuals off a mountain. He then emphasized that
having top-of-the-line equipment is critical to confidently serve the public.
The motion passed 3-0 with Chairman Nowakowski, Vice Mayor Guardado and
Councilwoman Williams voting in the affirmative.
4. Immigration Enforcement and Review of Police Operations Order 4.48
Assistant City Manager Milton Dohoney, Jr. introduced Assistant City Attorney Julie
Kriegh and Assistant Police Chief Sandra Renteria to provide information on immigrant
enforcement and review of police operations order 4.48.
Ms. Kriegh shared an overview of federal and state immigration laws, including Arizona
Senate Bill 1070.
Chief Renteria provided and over of operations order 4.48. She stated the last major
revision to the order was in 2017 after feedback from the City Council, community
members and advocate groups. Chief Renteria stated that changes to policy included
adding the sanctity of life statement, incorporating supervisory review and approval to
contact Immigration and Customs Enforcement (ICE), mandating officers not to ask
victims or witnesses about immigration status and lengthening detention language to
clarify officers cannot delay a stop for purposes of inquiring about immigration status.
Chief Renteria provided additional information on the mandatory training and
compliance for officers regarding operation order 4.48. She stated all policy revisions
are shared electronically in which all officers must acknowledge receipt. Chief Renteria
also shared there is disciplinary action for all non-compliance and Professional
Standards Bureau (PSB) conducts an annual review of all training and compliance of
operations order 4.48.
Councilmember Garcia asked if officers ask everyone of their immigration status and if
the Police Department changed any policies after the State of Arizona passed S.B.
1070. Chief Renteria responded additional training has been provided since S.B. 1070
and clarified that individuals cannot be detained any longer than the purpose of the stop
to check for legal status.
Councilmember Garcia asked for further clarification on what consent is required to
transport individuals to an I.C.E. facility. Chief Renteria stated individuals would have to
provide consent by stating their willingness to go to an I.C.E. facility in order to be
transported.
Councilmember Garcia asked how officers track individuals that provide consent. Chief
Renteria stated the City Council’s Ad Hoc Committee in 2017 recommended additional
data collection so now all officers are tracking transportation to I.C.E. and consent
information.
Councilmember Garcia asked what happens to undocumented individuals if there is no
other charge to the individual. Chief Renteria stated if there are no violations against the
individual, then the stop is no longer than it needs to be.
Councilmember Garcia stated the Police Department should collect additional data
regarding race and ethnicity about individuals providing consent. Chief Williams stated
there is a gap in the information that is collected, and the Police Department would
incorporate this information in their reports moving forward.
Vice Mayor Guardado emphasized the importance of tracking the correct data and
stated officers have more important roles in keeping neighborhoods safe.
Chairman Nowakowski emphasized the importance of community policing and
expressed his appreciation for the Police Chief’s dedication. He then thanked Chief
Renteria for her service and congratulated her on being an inspirational role model for
Hispanic women throughout Phoenix.
Vice Mayor Guardado, Councilwoman Williams and Councilmember Garcia also
expressed their appreciation for Chief Renteria’s courage, leadership and service.
Call to the Public
None.
Future Agenda Items
Assistant City Manager Milton Dohoney, Jr. stated future agenda items include an
inspection and testing update from the Fire Department, a fireworks safety presentation
and an intergovernmental agreement for placement of school resource officers.
Adjournment
Chairman Nowakowski adjourned the meeting at 10:35 a.m.
Respectfully submitted,
Zack Wallace
Management Intern