Why I'm not about to give the Justice Department control of Phoenix Police

Do you know the nine most terrifying words?

“I’m from the government, and I’m here to help.”

That’s exactly what the Department of Justice said to the city of Phoenix more than two years ago when they opened a pattern or practice investigation with the intention of “helping” the Phoenix Police Department.

Throughout this investigation, Phoenix has been fully transparent and compliant with all their requests.

We’ve provided 81,000 documents, 20 terabytes of data from multiple systems, 200 recordings of 911 calls and 20,000 body-worn camera videos.

We have coordinated more than 200 hours of ride-a-longs, 100 interviews with police department and city staff and, most recently, interviews with our police chief, city manager and mayor.

Justice Department wants a consent decree

Attorney General Merrick Garland speaks at a news conference at the Department of Justice in Washington, Thursday, Aug. 5, 2021, to announce that the Department of Justice is opening an investigation into the city of Phoenix and the Phoenix Police Department.
Attorney General Merrick Garland speaks at a news conference at the Department of Justice in Washington, Thursday, Aug. 5, 2021, to announce that the Department of Justice is opening an investigation into the city of Phoenix and the Phoenix Police Department.

Even after observing recruit trainings at our police academy and visiting our city on seven different occasions — oh, and the $5.1 million this has cost Phoenix taxpayers so far — the DOJ has yet to provide any notice of findings or concern.

Let’s be perfectly clear on what the play is here: Just as the DOJ has done with other police agencies across the country, they’re hoping Phoenix will roll over and sign on to a consent decree — effectively relinquishing control of our department to them.

Don’t believe me? The last time they issued a finding that didn’t result in a consent decree was more than 10 years ago.

A federal investigation in Phoenix: Will only make things worse

A consent decree means we lose control over our department.

Want to promote someone? Ask the DOJ first.

Want to shift our policies to match the changing landscape? Ask the DOJ first.

Want to implement new technologies to help fight crime and clean up our parks? Ask the DOJ first.

Look how well that worked for MCSO

If you want insight on how a consent decree effects law enforcement agencies, look no further than the Maricopa County Sheriff’s Office.

MCSO has been under a consent decree since 2015 and is required to run every decision through their court ordered monitor — who, by the way, hasn’t been to their $8,000 a month office, paid for by the Maricopa County taxpayers, in more than three years.

The DOJ’s consent decree is so overbearing that recently, Sheriff Paul Penzone announced he is not running for a third term, citing his inability to effectively manage his own office.

It’s not just our inability to manage our own department that’s at stake.

When the DOJ comes to “help,” they certainly don’t help with the costs. Seattle has spent more than $100 million while under their consent decree, and Detroit has spent $50 million.

Now that the state Legislature has taken $90 million a year away from the city, we certainly don’t have the funds to pay the bill that comes with a DOJ consent decree.

Phoenix isn't perfect, but it makes changes

Now, I’m not saying our police department is perfect.

But over the past two years, our police department has implemented various measures to improve its policies and procedures, such as working directly with the community to rewrite its use of force policy and mandating several scenario-based training courses to deescalate situations.

Phoenix Police make changes when they identify problems, but DOJ officials don’t care.

When they finally issued their findings in Louisville, to show a pattern of violations, they highlighted incidents that took place years, sometimes more than a decade, prior to the investigation starting.

Never mind the fact that in those older incidents Louisville investigated, reviewed and took appropriate actions to punish and fire the appropriate personnel, in addition to altering the police department’s policies with additional trainings.

The only thing the DOJ cares about is consent decrees and control.

I won't sign without seeing DOJ's findings

I have no intention of signing anything given to us by the Department of Justice without getting to read their findings first.

That’s the thing: the DOJ gets agencies to sign an agreement in principle before ever releasing their findings, which essentially means that agency will negotiate a consent decree in good faith.

Not Phoenix.

I will not sign any agreement in principle documents, and I certainly will never vote for a consent decree.

The DOJ is from the government and here to help? NO, thanks!

Ann O'Brien represents northeast Phoenix in District 1 on the Phoenix City Council. Reach her at [email protected]; on Twitter: @CWAnnObrien.

This article originally appeared on Arizona Republic: DOJ won't get to control Phoenix Police until this happens