Attachment A - DRAFT OAT code changes and addition of Phoenix Civilian Review Board.pdf

City of Phoenix — City Council Policy Session (2024-03-19)

Extracted text (via pymupdf) 26034 characters

Article I.
Creation of Civilian Review
Sec. 20-1. Office of Accountability and Transparency created.
A.
The Office of Accountability and Transparency (the "OAT" or "Director"—see
definitions) for the City of Phoenix shall consist of a full-time Director with appropriate
professional and support staff.
B.
The Director shall have such staff and budget as the City Council may prescribe.
The Director shall appoint all other staff of the OAT. The appropriations to pay for the
expenses of the OAT during each fiscal year shall be determined by the City Council as
part of the annual City budget process.
C.
The OAT shall take community complaints or commendations, establish
procedures for receiving anonymous complaints, conduct outreach with the community,
support services to impacted community members, monitor Department investigations or
conduct investigations; make recommendations to the Police Chief regarding
administrative action, including possible discipline for the Department; make
recommendations regarding policy issues; assist with mediation to resolve disputes;
administer a youth outreach program; and address other issues of concern to the
community. The scope of all OAT actions must relate to the Department, as outlined in
this chapter.
D.
The OAT shall establish standards of professional conduct and a comprehensive
training program for its staff to monitor or investigate allegations or inquiries received
against the Department INVESTIGATIONS.
Attachment A

Article II.
Office of Accountability and Transparency created.
Sec. 20-4.
Appointment, qualification, and removal of Director.
A.
The City Manager shall direct the recruitment for the Director with the assistance
of Human Resources or other entity designated by the City Manager.
B.
The Director shall serve at the pleasure of the City Manager. The City Manager
may take any personnel action, including administrative leave or termination, if
determined in the best interests of the City, in the City Manager’s sole discretion.
Sec. 20-5. OAT staff.
A.
The Director and all staff shall be committed to implementing the provisions of this
chapter in an honest, independent and impartial fashion and to upholding public
confidence in the integrity of the OAT.
B.
The Director shall hire OAT staff who shall work under the Director’s supervision.
C.
OAT staff are employees of the City of Phoenix and must follow the City personnel
rules.
D. Neither the Director nor any employees in the OAT’s office, nor their immediate
family members, shall have formerly been employees of any law enforcement agency.
E.
The Director will hire one or more attorneys as staff to advise and represent the
OAT with respect to its work, provided:
1.
Any such attorney is admitted to the State Bar of Arizona; and

2. Any such attorney must not provide legal advice or representation to any
department or function of the City of Phoenix other than the OAT; and

3.
All financial, personnel and administrative functions of any such attorney
shall be under the jurisdiction of the City Manager or Director and shall not be under the
jurisdiction of the City Attorney.
F. To retain outside legal counsel to advise and represent the OAT with respect to its
work, provided:
1. Counsel is retained pursuant to the standard terms of engagement then used
by the City Attorney, including any limitations on fees or costs; and
2. The costs of such representation are paid from the budget of the OAT and
not from the budget of the City Attorney; and
3. The Director provides the City Attorney with notice of the engagement,
including the firm selected and a copy of the engagement agreement; and

4.
In no situation may the OAT use staff counsel or outside counsel in ANY
litigation by the Director or OAT against the City.
G. Nothing in the preceding provisions shall be construed to alter the authority of the
City Council or the City Attorney with regard to the defense of claims against the City or
individual City defendants, the settlement of monetary or other claims against the City or
individual City defendants, or any other powers or duties of the City Attorney.

Sec. 20-6. Mandatory oversight by the OAT.
A.
The OAT shall monitor or investigate incidents set forth below when AFTER the

investigation is conducted by the Department. The OAT will not participate in criminal
ANY DEPARTMENT investigations or investigate matters while a criminal investigation is
pending.
B.
The OAT shall monitor Department investigations or investigate OF:
1. Any shooting involving uniformed personnel, whether duty related or not;
2. Any in-custody death;
3. Any duty-related incident during which, or as a result of which, anyone dies or
suffers serious bodily injury as that term is defined in A.R.S. § 13-105(39), as it may
be amended from time to time; and
C.
The OAT shall also monitor or participate in Department investigations concerning
the following incidents. However, if no criminal charges are filed subsequent to an
investigation, or such criminal charges are dismissed, the OAT shall have the discretion
to monitor or investigate the following incidents:
1. Any incident, whether or not duty related, in which Police Department
uniformed personnel are under investigation for, or charged with, any crime set
forth in A.R.S. Title 13, Chapters 11, 12, 13 and 14 (offenses against the person,
which include homicide, assault, kidnapping, and unlawful sexual behavior), as
they may be amended from time to time; or
2. Any incident, whether or not duty related, in which Police Department
uniformed personnel are under investigation for, or charged by, any jurisdiction
with a misdemeanor or local law violation in which a use of force (defined as

assaulting, beating, striking, fighting, or inflicting violence on a person) or
threatened use of force is an element of the offense.
D.
In addition, the OAT shall monitor investigations or investigate possible misconduct
by uniformed personnel when requested to do so by the City Manager. The Board or City
Manager shall advise the OAT of the reasons why the Board or the City Manager believes
the OAT should monitor or investigate.
E.
The OAT may also make any recommendations to the City Manager or Police
Chief regarding the sufficiency of any investigation determinations as to whether
Department rules or policies have been violated and the appropriateness of disciplinary
sanctions, if any.
F.
The Department shall, as soon as practicable, notify the OAT upon becoming
aware of:
1. An incident described in subsection B of this section; or
2. An incident, whether or not duty related, in which a Police Department
uniformed personnel is under investigation for, or charged by, a jurisdiction with a
misdemeanor or felony.
G.
OAT shall immediately notify the following parties regarding whether it will monitor
participate in an investigation, or investigate an incident under this section:
1. The Board;
2. The Police Chief; and
3. The City Manager.

Sec. 20-7.
Discretionary oversight by the OAT.
A.
The OAT shall have the discretion to monitor any Department investigation or
investigate any civilian or employee complaint.
B.
The OAT shall also have the discretion to monitor or participate in any internal
investigation by the Department which the OAT, the City Manager or the Board
recommends as in the City’s best interest for the OAT to be involved.
C.
The OAT shall have the discretion to monitor or participate in any Department
investigation of any incident, whether or not duty related, in which Police Department
uniformed personnel are accused of a crime or policy violation.
D.
Upon exercising discretion to monitor or participate in an investigation or
investigate anything authorized in subsection A, B, or C of this subsection, the OAT shall
immediately notify the following parties of the investigation:
1. The Board;
2. The Police Chief; and
3. The City Manager.

Sec. 20-8.
Public reporting by the OAT.
A.
No later than March 15 of each year, the OAT shall submit an annual public
report to the City Manager and the Board:
1.
Setting forth the work of the OAT during the prior calendar year;

2.
Identifying trends regarding complaints, investigations, and discipline of
police including, but without identifying specific persons:

a. Information regarding uniformed personnel who were the subject of
multiple complaints;
b. Complainants who filed multiple complaints;
c. Issues that were raised by multiple complaints; and

d. Making PROSPECTIVE recommendations regarding the sufficiency of
CONDUCT OF FUTURE investigations and the APPROPRIATE DISCIPLINARY
SANCTIONS IN FUTURE INVESTIGATIONS. appropriateness of disciplinary actions, if
any;
3.
Recommendations for changes to policies, rules, and training; and
4.
Policy rules or training revisions implemented by the Department.
B.
The report shall present information in statistical and summary form, without
identifying specific persons, except to the extent that incidents involving specific persons
have otherwise been made public by the City of Phoenix.
C.
In addition to the annual report, the OAT shall publish a quarterly status report,
which shall be available to the public and which shall include, among other things,
patterns relating to complaints and recommendations regarding the sufficiency of
CONDUCT OF FUTURE investigations and ITS determinations OPINIONS as to whether
Department rules and policies have been violated IN PAST DEPARTMENT
INVESTIGATIONS.
D.
Based upon an analysis of reports and other information available to the OAT, the
OAT shall make timely PROSPECTIVE recommendations to the Police Chief and the City
Manager.

E. The OAT has the discretion to publish additional public reports throughout the year
about matters within the duties of the OAT.

Sec. 20-9.
Confidentiality.
A.
The OAT, its staff, the Board, and all consultants and experts hired by the OAT
shall treat all documents and information regarding specific investigations or officers as
confidential except to the extent needed to carry out their duties.
B.
The Director shall not discuss with any person or group, including the members of
the Board, confidential employee information OR DEPARTMENT INVESTIGATIONS not
already public.
C.
The Director, the Board, and all persons who participate MONITOR the Police
Department’s investigative and disciplinary processes are part of the City’s deliberative
process regarding investigative and disciplinary procedures for personnel. Furthermore,
all deliberations and recommendations learned by any of those persons or groups during
the exercise of their duties shall be protected from disclosure to the extent allowable by
law.

Sec. 20-10. Internal investigations.
A.
The Department shall cooperate with the OAT in monitoring internal investigations
or investigating, including being present to monitor or participate in interviews of
witnesses and persons under internal investigation. The Department and OAT shall
establish departmental policies regarding that cooperation. The policies shall ensure that
the Department provides the OAT with reasonable notice of and opportunity to attend

interviews, and the opportunity to make FUTURE recommendations regarding
investigations, and reasonable time frames to complete the steps in the internal
investigatory process.
B.
For any investigation that it monitors, participates in, or conducts, the OAT shall
review the investigation to ensure that it is thorough and complete. If the OAT cannot
certify that a Department investigation is thorough and complete, the OAT may
recommend that the Department conduct additional investigation. The OAT must be
specific in outlining issues it has with the investigation.
C.
If the Department does not complete the additional investigation to the satisfaction
of the OAT, the OAT may write a separate recommendation to the Police Chief and City
Manager.
Sec. 20-11. REPEALED. Role of the OAT in the disciplinary process
A. The Department shall cooperate with the OAT in monitoring the disciplinary process.
The Department shall establish departmental policies regarding that cooperation. The
policies shall ensure that the Department provide the OAT with reasonable notice and
opportunity to:
1. Receive notice and opportunity to comment prior to entering agreements, whether
written or oral, resulting in the closure of internal investigations or the disciplinary process;
2. Make recommendations regarding determinations as to whether Department rules or
policies have been violated;
3. Make recommendations regarding the appropriateness of disciplinary sanctions, if
any;

4. Furthermore, the policies shall provide for reasonable time frames to complete the
steps in the disciplinary process consistent with Arizona law.
Sec. 20-12.
OAT access to records and other items.
A.
The Department and all City employees shall fully cooperate with the OAT by
providing the OAT, within a reasonable amount of time, complete access to records,
information, documents, files, reports, evidence, databases, and all other items, whether
in paper, electronic, or other form, that the OAT requests in order to perform its duties
set forth in the provisions of this chapter, but not including documents subject to a claim
of privilege or confidential under applicable law.
B.
If, in response to a request from the OAT, records and information cannot be
produced at all or produced within a reasonable amount of time, a written explanation,
sufficiently detailed for an understanding of why the records or documents cannot be
produced, shall be promptly provided. The OAT shall not be required to pay for copies
of the materials set forth in this section, including copies of documents previously
supplied by the departments; provided, that the OAT may not use those departments as
a printing service to make multiple copies of individual documents.
C.
The Department shall provide the OAT with an opportunity to participate in any
committee or working groups involving external stakeholders convened to draft or revise
policies or practices concerning matters within the OAT’s authority.
D.
The Department shall provide the OAT with reasonable notice and an opportunity
to make recommendations before implementing an existing or adopting a new

substantive policy or practice concerning matters within the OAT’s authority. When a
policy or practice necessitates an immediate revision or implementation due to a
change in the law, the OAT will be notified as soon as practicable about the change.
E.
If the OAT receives or is in possession of evidence or vital information pertaining
to a case under investigation, it must give or communicate that evidence or information
to the Department promptly. Evidence must be in the exact same condition that it was
received.
Sec. 20-13. Response to OAT recommendations.
A.
The OAT shall make recommendations to the Department about matters within
the OAT’s authority. If requested by the OAT in writing, the Department shall respond in
writing within 30 days and shall specify:
1. Either agreement with recommendations or specific reasons for disagreement
with recommendations;
2. Plans for implementing solutions to issues identified; and
3. A timetable to complete such activities.
B.
Recommendations made by the OAT and any responses shall be open to
inspection except as otherwise not subject to disclosure under State, Federal, or local
law or regulation.
C. The City Manager may act as an arbiter between the OAT and Department.

ARTICLE III.
PHOENIX CIVILIAN REVIEW BOARD

SEC. 20-14.
PHOENIX
CIVILIAN
REVIEW
BOARD
ESTABLISHED;
SELECTION PROCESS; TERMS.

A.
THE PHOENIX CIVILIAN REVIEW BOARD (THE “BOARD”) IS ESTABLISHED,
AND SHALL BE COMPRISED OF NINE VOTING MEMBERS, AND THREE
NONVOTING ADMINISTRATIVE ROLES MADE UP OF TWO POLICE ADVISORY
MEMBERS AND ONE EMPLOYEE FROM THE CITY OF PHOENIX CITY MANAGER’S
OFFICE TO BE SELECTED AS FOLLOWS:
1.
ALL VOTING MEMBERS SHALL EITHER RESIDE OR WORK IN THE
CITY OF PHOENIX. MEMBERS MUST BE AT LEAST 21 YEARS OF AGE. NO
CURRENT SWORN LAW ENFORCEMENT OFFICER IS ELIGIBLE TO SERVE AS A
VOTING MEMBER OF THE BOARD.
2.
PURSUANT TO PHOENIX CITY CODE SECTION 2-50, THE MAYOR
SHALL APPOINT THE NINE VOTING MEMBERS DIVIDED INTO TWO MEMBER
CATEGORIES WITH EACH CATEGORY HAVING STAGGERED THREE-YEAR
TERMS OR UNTIL THEIR SUCCESSORS ARE APPOINTED AND CONFIRMED.
3.
UPON THE EXPIRATION OF ANY VOTING MEMBER’S TERM, AN
APPOINTMENT WILL BE MADE TO THEIR POSITION BY THE MAYOR, FOR A TERM
OF THREE YEARS. EACH MEMBER MAY BE REAPPOINTED TO A THREE-YEAR
TERM BUT MAY SERVE NO MORE THAN TWO CONSECUTIVE TERMS ON THE
BOARD. IF A MEMBER IS UNABLE TO COMPLETE THEIR TERM FOR ANY REASON,
THE PHOENIX CITY COUNCIL SHALL APPOINT A NEW MEMBER TO COMPLETE
THE TERM. SUCH NEW MEMBER SHALL THEN BE ELIGIBLE TO BE REAPPOINTED

FOR NO MORE THAN ONE ADDITIONAL FULL CONSECUTIVE TERM, IF THE
MEMBER HAS SERVED 18 MONTHS OR MORE OF THE ORIGINAL TERM, AND NO
MORE THAN TWO ADDITIONAL FULL CONSECUTIVE TERMS IF THE MEMBER HAS
SERVED LESS THAN 18 MONTHS OF THE ORIGINAL TERM.
4.
THE CITY OF PHOENIX POLICE CHIEF SHALL ASSIGN TWO
ADMINISTRATIVE POLICE ADVISORY MEMBERS, ONE FROM THE POLICE
ACADEMY, THE ADVANCED TRAINING LIEUTENANT, OR ITS EQUIVALENT, AND
THE COMMANDER OF COMMUNITY RELATIONS WITHIN THE PHOENIX POLICE
DEPARTMENT (THE “DEPARTMENT”).
5.
THE CITY MANAGER SHALL ASSIGN THE ADVISORY MEMBER
FROM THE CITY MANAGER’S OFFICE.

SEC. 20-15.
REVIEW BOARD OFFICERS, QUORUM, ATTENDANCE, AND
TRAINING.

A.
THE BOARD WILL MEET ONCE PER MONTH AT A VENUE WITHIN THE CITY.
ONE BOARD MEETING PER CALENDAR YEAR MAY BE HELD IN EACH CITY
COUNCIL DISTRICT. A BOARD AGENDA SHALL BE PUBLISHED ON THE OFFICE
OF ACCOUNTABILITY AND TRANSPARENCY (“OAT”) CITY OF PHOENIX WEBPAGE
AT LEAST 24 HOURS PRIOR TO EACH BOARD MEETING.
B.
AT THE FIRST MEETING OF EACH CALENDAR YEAR, THE BOARD SHALL
VOTE TO SELECT A VOTING MEMBER TO SERVE AS CHAIR OF THE BOARD FOR
THE REMAINDER OF THE CALENDAR YEAR.
C.
FIVE VOTING MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM
FOR THE PURPOSE OF CONDUCTING BUSINESS, AND FIVE VOTING MEMBERS

MUST VOTE IN FAVOR OF ANY ITEM REQUIRING ACTION.
D.
ALL VOTING AND NONVOTING MEMBERS OF THE BOARD MUST MUST
COMPLY WITH SECTION 2-14 REGARDING ATTENDANCE. THE MAYOR SHALL
APPOINT A NEW MEMBER. A BOARD MEMBER MAY BE REMOVED FROM OFFICE
WITH OR WITHOUT CAUSE PRIOR TO THE EXPIRATION OF THE MEMBER’S TERM
BY A MAJORITY VOTE OF THE COUNCIL.

SEC. 20-16.
REVIEW BOARD DUTIES.
A.
THE OAT SHALL SET RULES FOR THE GOVERNANCE OF THE BOARD AND
SHALL ESTABLISH ITS PROCEDURES FOR MONITORING COMPLAINTS AND FOR
ENSURING NOTIFICATION TO CITIZENS OF THE STATUS AND DISPOSITION OF
THEIR COMPLAINTS.
B.
EACH BOARD MEETING SHALL FOCUS SOLELY ON THE BOARD’S
REGULAR BUSINESS. SPECIAL TOPICS RELATED TO POLICING BUT NOT
PERTAINING TO THE BOARD’S REGULAR BUSINESS SHALL ONLY BE PLACED ON
THE BOARD AGENDA BY DIRECTION OF THE CITY COUNCIL, THE CITY MANAGER,
OR DESIGNEE.
C.
THE REGULAR BUSINESS OF THE BOARD SHALL CONCERN ONE OR MORE
OF THE FOLLOWING MATTERS:
1.
DISCUSSION OF NEWLY RELEASED OAT MONITORING REPORTS.
2.
VOTING ON OAT MONITORING REPORTS.
3.
DISCUSSION OF BOARD/OAT POLICY RECOMMENDATIONS TO THE
PHOENIX POLICE DEPARTMENT.

4.
PRESENTATIONS BY GUEST SPEAKERS INVITED BY THE BOARD
AND APPROVED BY OAT DIRECTOR.
5.
PUBLIC COMMENT.
6.
CONCLUSION.

SEC. 20-17.
OAT MONITORING REPORT REVIEW AND FINDINGS.
A.
UPON THE COMPLETION OF AN OAT MONITORING REPORT, OAT SHALL
FORWARD THE REPORT TO THE BOARD. WHEN THE BOARD RECEIVES THE
OAT MONITORING REPORT, AND THE POLICE DEPARTMENT’S WRITTEN
RESPONSE IT WILL PROCEED WITH ITS REVIEW AND MAKE A FINDING IN
ACCORDANCE WITH 20-17(B).
B.
AFTER REVIEW OF AN OAT MONITORING REPORT AND THE POLICE
DEPARTMENT’S RESPONSE, THE BOARD SHALL MAKE ONE OF THE FOLLOWING
FINDINGS:
1.
ADOPT.
THE
BOARD
ADOPTS
OAT’S
CONCLUSIONS
AND
RECOMMENDATIONS
AND
DETERMINES
IF
THE
DEPARTMENT’S
ADMINISTRATIVE INVESTIGATION WAS THOROUGH AND COMPLETE UNDER
SECTION 20-10(B);
2.
ADOPT
WITH
REVISIONS.
THE
BOARD
ADOPTS
OAT’S
CONCLUSIONS REGARDING THE THOROUGHNESS AND COMPLETENESS OF
THE DEPARTMENT’S ADMINISTRATIVE INVESTIGATION UNDER SECTION 20-
10(B)
AND
MAKES
ADDITIONAL
CHANGES,
OR
REJECTS
OAT’S
RECOMMENDATIONS FOR FUTURE ADMINISTRATIVE INVESTIGATIONS;

3.
DECLINE. THE BOARD DECLINES TO ADOPT OAT’S CONCLUSIONS
REGARDING
THE
THOROUGHNESS
AND
COMPLETENESS
OF
THE
DEPARTMENT’S ADMINISTRATIVE INVESTIGATION UNDER SECTION 20-10(B)
AND REJECTS OAT’S RECOMMENDATIONS FOR FUTURE ADMINISTRATIVE
INVESTIGATIONS;
4.
DECLINE WITH REVISIONS. THE BOARD DECLINES TO ADOPT OAT’S
CONCLUSIONS REGARDING THE THOROUGHNESS AND COMPLETENESS OF
THE DEPARTMENT’S ADMINISTRATIVE INVESTIGATION UNDER SECTION 20-
10(B)
AND
MAKES
ADDITIONAL
CHANGES
OR
REVISIONS
TO
OAT’S
RECOMMENDATIONS FOR FUTURE INVESTIGATIONS;
5.
ADDITIONAL INFORMATION REQUIRED. THE BOARD REQUIRES
ADDITIONAL INFORMATION TO REACH A FINAL DECISION UNDER (B)(1)-(4).
RESPONSES OR UPDATES WILL BE PROVIDED AT THE FOLLOWING MEETING.
C.
AT EACH BOARD MEETING, THE OAT DIRECTOR OR A DESIGNEE SHALL
PRESENT A SUMMARY OF EACH MONITORING REPORT ON THE AGENDA,
INCLUDING OAT’S RECOMMENDATIONS REGARDING THE COMPLETENESS AND
THOROUGHNESS.
D.
BOARD DECISIONS SHALL BE BASED UPON A MAJORITY VOTE OF
MEMBERS PRESENT. NO VOTING DECISIONS SHALL BE TAKEN IN THE ABSENCE
OF A QUORUM.
E.
ONCE THE BOARD HAS MADE ITS DECISION, OAT SHALL FORWARD A
COPY OF THE DECISION TO THE CITY MANAGER AND THE POLICE CHIEF.

Article IV.
Miscellaneous
Sec. 20-25.
Definitions.
"City Manager" means the City of Phoenix City Manager or designee.
"Department" means the City of Phoenix Police Department and any Police Department
uniformed personnel.
"Director" means the head of the Office of Accountability and Transparency, or
designee.
"OAT" means the Office of Accountability and Transparency and its staff.

Sec. 20-26.
Retaliation prohibited.
A. No person shall retaliate against, punish, intimidate, discourage, threaten or penalize
any other person for reporting misconduct, making a misconduct complaint, conducting
an investigation, complaining to officials, providing information, testimony or documents
in an investigation or cooperating with or assisting the OAT in the performance of its
powers and duties as set forth in this chapter.
B. Any employee who violates this provision shall be subject to appropriate disciplinary
action, up to and including termination from employment.
C.
The remedies specified herein are cumulative and the City Manager, or the City
Attorney, may proceed under these or any other remedies authorized by law. In addition

to any other authorized remedies, a person who violates any provision of this section shall
be guilty of a misdemeanor. Each day of violation may be a separate offense.
D. The OAT shall develop specialized processes to intake and investigate MONITOR
complaints made by officers within the Department that prefer to remain anonymous. The
OAT shall recommend to the City Manager processes to protect potential whistleblowers
or informers.