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