Title
Consideration of Citizen Petition Regarding Request to Terminate, Suspend, Demote, and Retrain Police Officers
Description
This report provides City Council with information in response to a citizen petition submitted by Reverend Jarrett Maupin at the June 19, 2019, Formal City Council meeting regarding corrective action or discipline for police officers involved in the May 27, 2019, incident with Mr. Dravon Ames, Ms. Iesha Harper, and their minor children (Attachment A).
Report
Summary
Mr. Maupin requests the City Council to direct the City Manager to terminate the employment of two police officers and suspend without pay or demote and retrain all other police officers involved in the incident with the Ames-Harper family.
This action would be a clear violation of the employees' due process rights as well as the Phoenix City Charter. Chapter III, Article 4 of the Phoenix City Charter states:
"Neither the Council nor any of its Members shall direct or request the appointment of any person to, or his removal from, office by the City Manager or by any of his subordinates, or in any manner take part in the appointment or removal of officers and employees in the administrative service to the City. Except for the purpose of inquiry, the Council and its Members shall deal with the administrative service solely through the City Manager and neither the Council nor any Member thereof shall give orders to any subordinates of the City Manager, either publicly or privately.
Any member of the City Council violating the provisions of this section, or offering a resolution or ordinance in violation of this section, shall be removed from office as in this Charter elsewhere provided."
Further, the City Manager is required to adhere to all relevant laws, policies, and terms of any agreements with the City's employee groups, including the process and standards pertaining to taking corrective action or addressing sustained allegations of misconduct. The employees in question have due process and collectively-bargained rights that must be respected, including rights established by the State of Arizona's Peace Officer Bill of Rights. The incident currently is under investigation in accordance with the employees' due process rights, State law, City Charter, Personnel Rules, and collectively-bargained union agreements. It is important that these employees' rights be respected and the law and contracts adhered to.
For all of these reasons, which include City Charter, State law and employee MOU rights, staff recommends denial of the petition.
Department
Responsible Department
This item is submitted by City Manager Ed Zuercher, Assistant City Manager Milton Dohoney, Jr., Police Chief Jeri Williams and the Law Department.