Title
Phoenix City Code Chapter 20: Office of Accountability and Transparency Proposed Amendments Including Civilian Review Board
Description
This report transmits proposed changes to Phoenix City Code (PCC) Chapter 20 for the Office of Accountability and Transparency to adopt language to establish a Civilian Review Board and amend portions of PCC Chapter 20 to comply with state law for information and discussion.
THIS ITEM IS FOR INFORMATION AND DISCUSSION.
Report
Summary
The Phoenix City Council and Mayor established the Office of Accountability and Transparency (OAT) in 2021 to perform independent civilian oversight of the Phoenix Police Department (Police). OAT monitors 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.
In 2022, state legislators proposed and passed a bill, later codified as Arizona Revised Statutes (A.R.S.) 38-1117, that altered the landscape of civilian oversight in Arizona. OAT shifted the scope and manner of its work to remain within the confines of the Code and A.R.S. 38-1117. However, to align OAT’s practice, Phoenix City Code (PCC) sections 20-1 through 20-13 require amendments (Attachment A) eliminating reference to OAT conducting investigations or influencing officer discipline.
The current revisions contemplates a Civilian Review Board (Board) to further OAT’s work. To prepare for these proposed additions to PCC Chapter 20, OAT staff reviewed civilian review board models (Attachment B), including Albany, NY; Albuquerque, NM; Atlanta, GA; Baltimore, MD; Cincinnati, OH; Cleveland, OH; Honolulu, HI; Indianapolis, IN; New York, NY; Pittsburgh, PA; Providence, RI; Salt Lake City, UT; St. Louis, MO; San Diego, CA; and Syracuse, NY. Of the 15 boards reviewed, Salt Lake City’s model most closely aligns with the proposed revisions.
The proposed language establishes a 12-member Civilian Review Board (Attachment A). Nine voting members and three non-voting members will be appointed by the Mayor to three-year terms, with reappointment for one additional term. The three non-voting members will be designated by the City Manager and the Police Chief. The Board will meet monthly to review and adopt findings on monitoring reports submitted by OAT in conjunction with the Police Department’s response to OAT’s monitoring report.
At each Board meeting, the Board will announce its findings on monitored incidents that it has reviewed. The finding options include:
- Adopt: OAT’s assessment of thoroughness and completeness and all recommendations adopted OAT’s assessment of thoroughness and completeness;
- Adopt with revisions: OAT’s assessment of thoroughness and completeness adopted, recommendations amended or added to;
- Decline: OAT’s assessment of thoroughness and completeness and all recommendations rejected;
- Decline with revisions: OAT’s assessment of thoroughness and completeness adopted, recommendations amended or added;
- Additional information required: Board requires additional information to reach finding.
OAT and Police will present to the Board prior to the Board announcing its findings. There will also be opportunity for community members to address the Board prior to announcement of findings.
Staff requests City Council direction on the proposed amendments to current PCC Chapter 20, sections 20-1 to 20-13 and suggested additions of sections 20-14 through 20-18 to establish the Civilian Review Board.
Department
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer, the Office of Accountability and Transparency, the City Manager's Office and the Law Department.