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Meeting phoenix-pdf-2024-09-24 complete

2024-09-24 · Policy Session

Items: 4

Policy Session

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Homelessness, Accountability and Transparency, and Public Safety Update

This report provides an overview of the City's efforts to address homelessness, an
update on the Office of Accountability and Transparency (OAT) and information on the
City's continued efforts to improve public safety and address concerns raised by the
U.S. Department of Justice (DOJ).

THIS ITEM IS FOR INFORMATION AND DISCUSSION.

Summary
City's Efforts to Address Homelessness
With direction from City Council, the Office of Homeless Solutions (OHS) was created
in July 2022, and became operational in October 2022. OHS’s two-year transformation
has included an increase in staffing and the implementation of an expanded proactive
outreach approach. OHS staff and operations have shown to be effective in the City’s
approach to addressing homelessness. Since 2022, OHS has nearly quadrupled its
staffing level, building a diverse team with expertise through work experience and/or
lived experience. Additionally, the shift to a more proactive outreach approach has
increased visibility throughout the community. A team of 11 Homelessness Liaisons
directly engage with people experiencing homelessness to connect them with services
and work with the community to address encampments to achieve measurable results.

The Maricopa Association of Governments 2024 Point-in-Time Homelessness Count
data reflected a 19 percent decrease in the number of unsheltered individuals and a 15
percent increase in the number of sheltered individuals in Phoenix. This positive
change is a direct result of the City of Phoenix’s ongoing investment in creating new
shelter beds and connecting people with services.

Since its creation, OHS staff have focused on several key initiatives including:
· Creating additional shelter capacity throughout the City,
· Opening the City's first structured campground called the Safe Outdoor Space,
· Addressing the State of Arizona’s largest encampment in a holistic and
compassionate manner,
· Implementing property storage programs,
· Launching services in support of the Phoenix Community Court,


· Improving heat response efforts for people experiencing homelessness; and,
· Increasing supportive housing.

The City has prioritized the creation of additional shelter capacity. By 2025, the City will
have contributed to a net total of 1,382 new indoor shelter beds since 2022. This is in
addition to the 482 temporary shelter beds created in 2023 to assist with
decommissioning the encampment around the Key Campus. OHS opened a structured
campground called the Safe Outdoor Space in November 2023 as an alternative
solution for people who may not be ready for shelter. The Safe Outdoor Space is an
example of the City’s efforts to provide a diverse array of options to people
experiencing homelessness. While shelter alone does not solve homelessness, it is a
critical step to moving people off the streets into safe spaces and connecting them to
resources and support. Ultimately, OHS is focused on creating long-term solutions
such as permanent housing. One project currently underway is development of
supportive housing for older adults at a former hotel located at Northern and the I-17,
which is being converted to 126 units of affordable housing for low-income seniors.

A key consideration for individuals to accept services is storage of their personal
belongings. In January 2023, OHS developed and implemented a process for property
storage. The process has been implemented to address unattended property and
includes an assessment and notification process. In addition, storage is provided for
property at new shelters and for individuals around the Key Campus enabling people
to safely store their belongings.

Another initiative of OHS includes the establishment of services in support of the
Phoenix Community Court. Phoenix Community Court launched in January 2024 in
collaboration with the Phoenix Municipal Court, Prosecutor’s Office, Public Defender’s
Office and Community Bridges, Inc. (CBI). Community Court provides long-term
solutions and services for people experiencing homelessness through an alternative
path to the traditional criminal justice system. CBI Navigators help to create
individualized plans to assist individuals in addressing their homelessness and help
participants achieve their goals, including the opportunity to connect with resources
such as shelter, employment opportunities, and substance use and mental health
support. As of August 31, there have been 198 participants in Phoenix Community
Court. From January 1 through August 31, there have been 20 individuals that
graduated from Phoenix Community Court.

Each summer, the City places emphasis on heat response efforts for individuals
experiencing homelessness as these individuals are some of the most at-risk
populations during extreme temperatures. To prepare for Summer 2024 (May-



September), additional actions were taken to add a 24/7 site, an overnight site, and
three extended hour heat respite locations in areas demonstrating the highest need
based on 2023 data. CBI Navigators are present at each site to offer resources and
referrals. Additionally, OHS Homeless Liaisons are stationed at the 24/7 site at Burton
Barr Library to provide additional support. Preliminary data through the first week of
September shows over 28,000 visits, with roughly 90 percent reporting experiencing
homelessness. Burton Barr has been the most frequently visited site and resulted in
more than 600 individuals being placed in shelter. Additionally, heat related calls for
service reflected a 22 percent reduction from the same time period last year.

The transformational work that has occurred since the inception of OHS and the
impact made has been shown through much of the aforementioned activity. OHS
continues to hold a very visible place throughout the community and has established
itself as a much-needed resource. OHS also actively manages multiple contracts for
services to support effective services. Non-profit partners are also critical to providing
comprehensive services, and OHS is equipped to monitor and support contracted
services. Ongoing support of the Office of Homeless Solutions will ensure the City's
momentum to address homelessness continues.

Office of Accountability and Transparency Updates
The Mayor and City Council established the Office of Accountability and Transparency
(OAT) in 2021 to perform independent civilian oversight of the Phoenix Police
Department (Police). OAT reviews Police administrative investigations of incidents
involving sworn personnel and provides community members a way to freely
communicate complaints, commendations, and concerns about officers and the Police
Department without fear of retaliation.

Phoenix City Code, Chapter 20, as amended by City Council on May 15, 2024, states
OAT's role is to:
· Take community complaints or commendations,
· Establish procedures for receiving anonymous complaints,
· Conduct outreach with the community,
· Provide support services to impacted community members,
· Review Police Department administrative investigations or civilian employee
complaints,
· Make recommendations to the Police Chief regarding policy, rules, and training
issues,
· Conduct mediation to resolve disputes,
· Administer a youth outreach program; and,
· Address other issues of concern to the community.



Since February 2024, OAT has released 15 monitoring reports detailing its review of
Police Department investigations and its findings as to the completeness and
thoroughness of those reviewed investigations. OAT issued recommendations for
future investigations in 13 of the 15 reports, the majority of which the Department has
agreed to implement. OAT is actively monitoring 88 cases and continues to add new
cases to its caseload.

OAT’s Community Engagement Team is fully staffed for the first time since OAT’s
inception as of June 2024. With this expansion, OAT has significantly increased its
reach to the community. In the third quarter of 2024, OAT tripled the number of new
community contacts from the second quarter and attended as many events as OAT
staff attended in all of 2023.

OAT’s Director of Mediation conducted the first mediation between Police Department
designees and community members in February 2024. Since February, OAT has now
completed three mediations, with a fourth currently set for early October. All mediation
participants receive an evaluation survey at the conclusion of the mediation and the
results have been 100 percent positive for all participants so far.

working diligently to research practices and procedures for boards with similar
authority, including collecting sample foundational documents. OAT has also been
working to build a training program for Civilian Review Board members to ensure that
they have the necessary understandings to engage in reviewing and analyzing OAT’s
reports and the Police Department’s responses.

OAT staff will continue to focus on issuing monitoring reports, expanding the mediation
program, and growing the Office's presence and reach throughout the community.

City's Continued Efforts to Improve Public Safety
Throughout the past decade, the City Council has guided the City of Phoenix to
implement numerous updates and improvements to the Phoenix Police Department.
Through the direction of City Council and engagement with the community, City staff
have worked to improve public safety throughout the community. These efforts include
reforms prior to the DOJ initiating their investigation, during the DOJ's three year
review, and in developing the City's plan for the future to address the concerns raised
in the DOJ's investigative report.

The City of Phoenix and the Phoenix Police Department worked with the community to
implement several major initiatives prior to the DOJ's investigation. Examples of some


of these major initiatives include:
· 2014: Body-Worn Camera Pilot Program,
· 2015: Crisis Intervention Team Implementation and Training,
· 2016: Community and Police Trust Initiative (CPTI),
· 2019: Mayor's Review and Implementation Ad Hoc Committee,
· 2020: #8Can't Wait Adoption,
· 2021: Executive Order on Safe Policing Compliance,
· 2021: Less-Lethal Pilot Program,
· 2021: Community Assistance Program (CAP) Expansion Approval.

Community Assistance Program
In June 2021 the City Council approved a $15 million investment to expand the
Community Assistance Program (CAP). CAP consists of Crisis Response Units
(CRUs), Behavioral Health Units (BHUs), and Behavioral Health dispatchers. CRUs
continue to co-respond with police and fire on traumatic incidents to provide on-scene
crisis stabilization. BHUs may respond as a singular unit to assist individuals
experiencing a behavioral health or substance use concern or as a co-response unit.
CAP has achieved many of the goals identified for its expansion. The accomplished
goals include:
· The expansion of CAP added 130 FTE positions. CAP has partnered with Human
Resources to complete multiple recruitments and fill 64 percent of the program's
positions.
· Hired contracted Peer Support Specialists with lived experience skills that help
augment the BHU services.
· Established five BHUs providing support seven days per week for 20 hours of daily
coverage.
· Established six CRUs providing support seven days per week for 24 hours of daily
coverage.
· Created BHUs as an alternate alternative response to incoming 9-1-1 calls that
does not require police, fire, or EMS to respond to a behavioral crisis. Currently,
calls transferred from police for BHU response is trending as 466 percent increase
when comparing the first seven months of 2023 to the first seven months of 2024.

The DOJ announced its investigation into the City of Phoenix and Phoenix Police
Department on August 5, 2021. Over the next three years, the City cooperated with the
DOJ to provide more than 200,000 documents and Body Worn Camera videos,
conducted interviews with over 130 City employees, and performed over 200 hours of
ride-alongs with the Police Department. In additional to this collaborative effort, the



other improvements to enhance public safety. Improvement initiatives that have been
implemented while the DOJ conducted their investigation included:
· Expansion of the Less Lethal Program
· Use of Force Policy Update
· Integrating Communications, Assessment and Tactics (ICAT) Training
· Active Bystandership for Law Enforcement (ABLE) Training
· Staffing the Continuous Improvement Unit

Addressing Concerns Raised by the Department of Justice
In June 2024, after 34 months, the DOJ released a findings report from their
investigation of the City of Phoenix and Phoenix Police Department. The DOJ's report
identified 10 specific areas of the investigation and provided 37 Recommended
Remedial Measures (RRMs) to improve public safety in Phoenix. Police and Law staff
conducted a comprehensive two-month review of the DOJ's report and identified a
total of 90 recommendations based on the RRMs with over 300 project deliverables.

Staff has organized these project deliverables into short-term projects (within six
months), medium-term projects (six months to two years), and long-term projects
(more than two years). Staff then conducted an analysis to determine timelines for the
project deliverables and resourcing status. This analysis will serve as the basis for the
proposed work plan that staff seeks to receive feedback and guidance on from City
Council and community.

Throughout the next several months, staff plans to provide numerous opportunities to
receive community feedback on the proposed work plan. Staff will host community
meetings, collect written feedback and establish a department work group to focus on
this process. For each of the project deliverables identified through this effort, staff will
incorporate a continuous improvement process to ensure the project deliverables are
achieved. This process will include:
1. Review of standards of practice and legislative requirements.
2. Policy planning with process mapping and subject matter expert work groups.
3. Policy development to include the creation/drafting and public comment
opportunities.
4. Training development.
5. Training delivery.
6. Implementation of the active policy and compliance framework.
7. Compliance levels.

By implementing the continuous improvement process, developing the project
deliverables in association with the DOJ's RRMs, and establishing key measures of



the reforms and updated policies, the City will facilitate a sustained improvement to
public safety and more effectively address the concerns raised by the DOJ.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays, Deputy City Managers
Ginger Spencer and Gina Montes, the Police Department, the Office of Accountability
and Transparency, and the Office of Homeless Solutions.








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Item text
Policy Recommendations to Continue Addressing Homelessness, Increasing
Accountability and Transparency, and Improving Public Safety

This report requests City Council approval of policy recommendations to support the
City's continued efforts to address homelessness, increase accountability and
transparency, improve public safety, and address concerns raised by the U.S.
Department of Justice (DOJ).

THIS ITEM IS FOR DISCUSSION AND POSSIBLE ACTION.

Summary
In order to build on the City's momentum to address homelessness, increase
accountability and transparency, and improve public safety, staff recommends several
items for consideration by City Council. These items include direction to staff to:

· Research and bring back to Council a plan to procure an early intervention system.
· Launch cultural competency training in partnership with tribal nation police
departments.
· Launch the First Amendment policy for community feedback.
· Develop a biennial training plan for Crisis Intervention Team (CIT) officers.
· Explore youth prevention programming.
· Explore additional services to be provided by civilian staff, rather than sworn
Phoenix Police Department (PPD) employees.
· Conduct a community engagement process to assist in developing a continuous
improvement plan.

These are just a few of the efforts to be conducted along with additional short-term,
mid-term and long-term goals to be included in a continuous improvement plan to
address homelessness, increase accountability and transparency, and improve public
safety.






Responsible Department
This item is submitted by Assistant City Manager Lori Bays, Deputy City Managers
Ginger Spencer and Gina Montes, the Police Department, the Office of Accountability
and Transparency and the Office of Homeless Solutions.








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Item text
Request to Convert 14 Temporary Full-Time Positions to Regular Full-Time
Positions in the Office of Homeless Solutions and Create Four Positions for the
Phoenix Police Department (Ordinance S-51282)

This report provides recommendations to address homelessness, increase
accountability and transparency, improve public safety, and address concerns raised
by the U.S. Department of Justice (DOJ).

THIS ITEM IS FOR DISCUSSION AND POSSIBLE ACTION.

Summary
Staff have identified several recommendations to support the City's continued efforts
to address homelessness, increase accountability and transparency, improve public
safety, and address concerns raised by the DOJ. These recommendations include:
· Creating a compliance analyst team in the Police Department.
· Continuing to address homelessness by converting positions in the Office of
Homeless Solutions from temporary to ongoing, regular positions.

Police Department Compliance Analyst Team Recommendation
Staff is requesting the creation of four new positions within the Phoenix Police
Department. The four new positions will include one Police Research Supervisor and
three Police Research Analysts. The four positions will comprise the newly developed
Compliance Analyst Team to support the continuous improvement efforts by the Police
Department. This team will develop and study the compliance of reforms and updated
policy implemented based on the DOJ's Recommended Remedial Measures and the
associated project deliverable work plan. The ongoing annual costs of the four
positions is approximately $500,000.

Homeless Solutions Staffing Recommendation
Staff is requesting the conversion of 14 temporary, full-time positions to ongoing status,
including: eight Neighborhood Specialists, two Special Projects Administrators, one
Project Manager, one Administrative Assistant II, one Accountant I and one
Administrative Assistant I. These conversions will be effective immediately, however
four positions (two Neighborhood Specialists, one Project Manager, and one



Administrative Assistant II) will continue to be funded by American Rescue Plan Act
(ARPA) funds through June 30, 2025. These positions will be converted to ongoing
General Fund positions as of July 1, 2025. The ongoing annual cost of the 14 positions
is approximately $2 million.

Financial Impact
The total ongoing cost of staff's recommendations are approximately $2.5 million
annually. Staff's recommendation to create four new positions within the Police
Department has an ongoing annual cost of approximately $500,000. Staff
recommendation to convert 14 positions to ongoing status is $2 million. The cost of
these positions will be incorporated into the proposed Fiscal Year 2025-26 General
Fund Budget.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays, Deputy City Manager Gina
Montes, the Police Department and the Office of Homeless Solutions.








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Item text
Consideration of Proposals to Improve Public Safety

On September 20, 2024, Mayor Kate Gallego, Councilman Kevin Robinson and
Councilwoman Kesha Hodge Washington submitted a memo requesting City Council
provide additional direction to enhance, not replace, staff recommendations. The
memo states the Mayor and Councilmembers are committed "to ensuring that Phoenix
has the most professional, highly regarded public safety agencies in the nation." The
recommendations are detailed in the attached memo (Attachment A) for
consideration on the September 24, 2024, Policy Session Agenda. This item permits
the City Council to discuss the proposal submitted by Mayor Gallego, Councilman
Robinson and Councilwoman Hodge Washington. The attached proposed direction to
staff can be used to continue the City's efforts to address homelessness, increase
accountability and transparency, and improve public safety.

THIS ITEM IS FOR DISCUSSION AND POSSIBLE ACTION.





Attachment A


To: The City Council

From: Mayor Kate Gallego
Councilmember Kevin Robinson, Chair, Public Safety and Justice Subcommittee
Councilmember Kesha Hodge Washington

Date: September 19, 2024

Re: Continued Public Safety Reforms


We are committed to ensuring that Phoenix has the most professional, highly regarded
public safety agencies in the nation. Achieving that goal is an ongoing process and demands
continued attention from the City’s elected leadership. With the guidance of the City Council,
Phoenix has made significant strides to improve public safety policies over the last several years,
from revamping the Fire Department’s Community Assistance Program in 2021 to the recent update
of the Police Department’s Use of Force Policy, which goes into effect early next year.

The U.S. Department of Justice’s findings report released this summer highlighted
meaningful opportunities for improvement and made worthy recommendations. Several of its
recommendations are consistent with those of the City Council-created Office of Accountability and
Transparency, which began to issue its own reports and recommendations earlier this year.

Our commitment to constitutional policing means we must improve the tools to self-assess
and self-correct and put in place measures that are pivotal for high performing government
agencies: thorough data collection and meaningful analysis of that data; enhanced levels of
transparency; exacting reviews of performance and accountability; and to embrace a culture of
continuous improvement.

We accordingly ask the full City Council to provide the following direction to staff, which
aim to enhance—not replace—the current staff recommendations:

I. Thoroughly Document Police Activity

• The Police Department shall more effectively collect data on all stops, searches, arrests and
uses of force to include—at a minimum—the involved citizen’s age, race, gender and
housing status.

• The Police Department’s Performance Compliance Team shall regularly audit a sample of
police reports to ensure that officers are correctly applying the Fourth Amendment,
including providing sufficient basis for reasonable suspicion in making stops and probable
cause for searches. Audits shall be used as a tool for identifying training deficiencies and
opportunities. Findings shall be shared with the City Council and the Civilian Review
Board on no less than an annual basis.



II. Improving the Police Department’s Investigative and Evaluative Process

• The Police Department shall create a new Inspections Sergeant position in all precincts and
other bureaus who report directly to the Professional Standards Bureau (PSB). Any
misconduct that appears could rise to the level of a written reprimand shall be investigated
by the Inspections Sergeant, which will allow Patrol Sergeants to remain on the streets
supervising their direct-report officers. Misconduct that appears may rise to the level of
suspension, demotion, termination shall be investigated by PSB investigators.

• The PSB manual, which is currently undergoing extensive revisions, shall provide clear
standards for the thoroughness of investigative reports. The manual shall also set clear
standards for reviewing all relevant evidence available in an investigation.

• When conducting investigations, PSB shall review all aspects of the incident—including
those beyond the scope of the initial complaint—for compliance with Police Department
policies and training, as well as applicable laws.

• PSB use of force investigations must fully explore whether an officer(s) effectively
considered de-escalation strategies and tactics during the incident in question. PSB shall
further explore and document how an officers perceive their actions and decision-making
within the framework of policies and training, as well as applicable laws.

• The Police Department shall provide or procure regular and ongoing training for all PSB
investigators.

• The Police Department’s investigative bodies (such as PSB and the Critical Incident Review
Board) may not provide mere conclusory declarations such as “sustained,” “unfounded,”
“unresolved,” “exonerated,” “within policy” or “out of policy.” The Department shall, in all
circumstances, provide a thorough and complete analysis and rationale for all investigative
findings and conclusions. PSB investigations shall further categorize the totality of the
officer’s actions as Class 1, Class 2, or Class 3 (as defined by Police Department Operations
Order 3.18) and shall identify opportunities for improvement, if any, during the incident.

• PSB shall set and publish clear deadlines for completing investigative reports. If a report is
completed beyond the deadline, the reasons for delay shall be articulated at the end of the
report.




III. Fully Considering and Analyzing Citizen-Initiated Complaints

• PSB shall collect and record data for all citizen complaints, including the nature of the
complaint and precinct and officer(s) involved. The Department shall regularly review the
data and its trends to determine whether additional training may be necessary throughout a
particular precinct or the Department, and provide the data (not including personal
identifying information) and its analysis of the data to the City Council and the Civilian
Review Board on no less than an annual basis.

• PSB shall provide a written response to the citizen complainant explaining the
investigation’s findings.

• The City shall create a dedicated hotline for citizens to report potential officer misconduct to
PSB.

IV. Adopting the Highest Standards of Professional Accountability

• The Department shall adopt clear standards and accountability measures for PSB
investigators, supervisors and commanders to ensure that all potential law and policy
violations are fully investigated, and—if required—referred to the Critical Incident Review
Board.

• PSB shall establish a clear policy for forwarding Brady materials as timely as possible to the
Maricopa County Attorney’s Office and other relevant outside agencies.

• When making deviations of discipline from the Disciplinary Review Board, the Police Chief
shall fully explain the rationale for doing so and explain why the deviation is in the best
interest of the Department and the community. The City Manager must approve all
recommendations for downward deviations of discipline. In a manner that protects the
confidentiality of individuals under review, the City Council shall receive an annual report
regarding the recommendations of the Disciplinary Review Board.

• The Disciplinary Review Board shall add one additional citizen to its membership, for a
total of three citizens.

V. Expanding the Use of Body-Worn Cameras

• The Police Department shall develop and implement a policy for Special Assignments Unit
officers to use body-worn cameras when engaging with the public and adopt policies
regarding the disclosure of the unit’s footage in accordance with state public records laws.


VI. Fully Staff the City’s Dispatcher Team

• Continue efforts to prioritize staffing levels for 911 and Radio Dispatchers (including
evaluating additional increases in pay) to alleviate the current high vacancy rate. Staffing at
full levels will create the coverage necessary to improve training opportunities for all
dispatchers.

• The Fire Department’s Community Assistance Program shall have 24/7 dispatch coverage
by the end of the first quarter 2025.

VII. Update Policies for Appropriately Interacting with Young and Vulnerable Populations

• The Police Department shall create policies with community input regarding interactions
with young and vulnerable populations including the unsheltered community and those with
behavioral health challenges that include special considerations for consensual contacts, use
of force, interviews, and interrogations.

• The Police Department shall provide training to its officers on how to best utilize crisis
intervention resources (such as the Crisis Intervention Team) as well as services provided by
the Community Assistance Program and the Office of Homeless Solutions.

• The Police Department shall adopt policies that allow the Crisis Intervention Team to
prioritize urgent or time-sensitive matters over duties that are not core to the CIT mission.

VIII. Other Ongoing Efforts

• The Police Department shall continually survey the best practices of similarly-situation law
enforcement agencies throughout the nation and update its own policies and training to
ensure that Phoenix is employing nationally-recognized best practices.

• The Police Department shall enhance customer service training for officers and staff who
engage with members of the public.

• Professional staff shall update the City Council and the Civilian Review Board on the Police
Department’s compliance with recommendations by the Office of Accountability and
Transparency every six months.

• Professional staff shall update the City Council and the Civilian Review Board of its
progress on the aforementioned public safety reforms in writing every three months over the
next three years.

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4 item(s)