Title
Consideration of Citizen Petitions
Description
This report provides the City Council with four citizen petitions regarding public safety submitted by: Heather Hamel (Attachment A); Derek Begay (Attachment B); Phyllis Tyson (Attachment C); and Will Knight (Attachment D). The Land Use and Livability Subcommittee forwarded these petitions to the full City Council for consideration on March 17, 2021.
Report
Summary
The four citizen petitions each contain essentially the same 26 "whereas" statements. Each petition then includes a different specific request for action by the City Council. The "whereas" statements primarily contain allegations and opinions, with few specific facts, which makes it difficult for staff to respond to the allegations or make recommendations. Multiple investigations are in progress regarding protests and related events and the allegations that have arisen from these events.
Petition A - Heather Hamel
Ms. Hamel submitted a petition for the "City Council to: Launch an ethics investigation, independent of the Phoenix Police Department and the Maricopa County Attorney's Office, into the policies and practices of the Tactical Response Unit and corresponding failure of leadership by Chief Jeri Williams and Phoenix Police command staff with respect to the aforementioned protests and events."
Several investigations have been started regarding protests and surrounding events and allegations. A majority vote of the City Council may direct staff to initiate or conduct further investigations. At the March 17, 2021 Formal City Council meeting, the City Council approved entering into a contract with 21CP Solutions, LLC to provide a comprehensive and independent assessment of the Phoenix Police Department’s Tactical Response Unit’s training and response to First Amendment-related activities, including but not limited to, demonstrations and protests. The comprehensive and independent assessment will also focus on the Police Department’s Field Training Officer program.
Petition B - Derek Begay
Mr. Begay submitted a petition for the "City Council to: Create a reparations fund for all individuals directly impacted by the Phoenix Police Department's use of excessive force at protests."
Chapter 42 of the City Code establishes a trust fund for the purpose of paying all liability claims against the City. State law requires that a notice of claim be submitted to the City for consideration of any claims against the City, including excessive force claims. The Code also provides a procedure for submitting a notice of claim, consideration of the claims, and payment of claims for which the City is liable. The existing fund and process apply to claims of excessive force against the Police Department. Since a process already exists that applies to all claims, establishment of a separate fund and process for claims of excessive force is unnecessary and would be inconsistent with the City Code.
Petition C - Phillis Tyson
Ms. Tyson submitted a petition for the "City Council to: Create a reparations fund for all individuals directly impacted by the Phoenix Police Department's practice of politically and falsely prosecuting protesters."
The City's existing Risk Management fund and notice of claim process described for Petition B also applies to these types of claims against the Police Department. Since a process already exists that applies to these claims, establishment of a separate fund and process for these claims is unnecessary and would be inconsistent with the City Code.
Petition D - Will Knight
Mr. Knight submitted a petition for the "City Council to: Establish enforceable guidelines and meaningful disciplinary measures to prevent law enforcement officials, at any level, from providing false information in Form IV probable cause statements, police reports, or under oath to secure criminal charges against protesters exercising their First Amendment rights."
The City has existing policies and disciplinary measures applicable to all employees that specifically prohibit personnel from providing false information in connection with their duties. These include an Ethics Policy and disciplinary provisions in Rule 21 of Personnel Rules (Rule 21b12 and 21b18). The Police Department also has established policies that prohibit this type of conduct. Being truthful, not making false reports and other expectations of employee conduct are outlined in Operations Order 3.13 - Rules and Regulations. Disciplinary action for these and other types of policy violations are addressed in Operations Order 3.18a - Discipline Policy. Additionally, there are existing state statutes (ARS 13-2702-Perjury and ARS 13-2703-False Swearing) and federal law that prohibit knowingly providing false statements or testimony that are applicable to law enforcement officials.
Concurrence/Previous Council Action
This item was heard at the Land Use and Livability Subcommittee on March 17, 2021 and these four citizen petitions were forwarded to the full City Council for consideration by a vote of 3-1.
Department
Responsible Department
This item is submitted by the City Manager's Office.