training

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PHOENIX

OFFICIAL PUBLICATION OF THE PHOENIX LAW ENFORCEMENT ASSOCIATION

Representing Phoenix Police Officers Since 1975

TRAINING TOMORROW’S

LEADERS PHOENIX POLICE EXPLORER POST 2906 SEE PAGE 14

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LAWENFORCER

Now There Are More Reasons Why It Pays to Read

GIVEAWAY #1

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Members who find the hidden in this issue of Phoenix Law Enforcer, go to www.azplea.com, log in to the Members Only Area and register to be entered into a drawing for $250. You must enter by June 15, 2015, to be considered eligible. Telephone entries will not be accepted. Visit our website for more details.

We’ve hidden five serial numbers within this issue of Phoenix Law Enforcer. If your number is among them and you call (602) 246-7869 to let us know that you found it, you’ll win $50. If you didn’t find your number this time, try again in the next issue, where we’ll hide five more! (Excludes serial numbers listed in retirement sections of Phoenix Law Enforcer.)

CASH IS GREAT, BUT OUR GIVEAWAYS AREN’T THE ONLY REASONS TO READ PHOENIX LAW ENFORCER. • Contract negotiations • Benefit changes

Each issue gives you the latest information on: • Hot topics on the job • Upcoming events • Association news

For so many reasons, it pays to read Phoenix Law Enforcer. This giveaway is open to PLEA members only. You must be 18 or older to win.

PHOENIX

LAWENFORCER OFFICIAL PUBLICATION OF THE PHOENIX LAW ENFORCEMENT ASSOCIATION

Phoenix Law Enforcement Association, Inc. 1102 West Adams Street, Phoenix, AZ 85007 Phone: (602) 246-7869 Fax: (602) 246-0226 www.azplea.com

The Board of Trustees Frank Smith Chairman of the Board Joe Clure President Ken Crane Vice President/Grievance Chair Frank Marino Secretary Will Buividas Treasurer/Chief Contract Negotiator Jerry Gannon Trustee/Vice Grievance Chair Bill Galus Trustee/Vice Grievance Chair Mike “Britt” London Trustee Toby Sexton Trustee Tom Tardy Trustee Tim Baiardi Trustee

PLEA Legal Resources Michael Napier Legal Counsel Anthony Coury Legal Counsel Kathryn Baillie Legal Counsel Eric Wilson Legal Counsel Cassidy Crossen Legal Counsel (602) 248-9107 www.napierlawfirm.com

Legislative Liaisons Levi Bolton Lobbyist Williams & Associates Lobbyist

The PLEA Office Staff Leigh Ann Bennett Office Manager Debbie Webster Membership Services Becky Maldonado Membership Services Liz Swick Membership Services

Phoenix Law Enforcer Staff Frank Marino Editor

PLEA Marketing Consultant Bartholomeaux Public Relations, LLC Carole V. Bartholomeaux (602) 404-8879 www.b-pr.com Phoenix Law Enforcer is the official publication of the Phoenix Law Enforcement Association (PLEA) and published bimonthly under the supervision of its Board of Trustees. Opinions expressed by individual board members or any other writer in this publication do not necessarily reflect the opinion of the entire Board of Trustees. DISCLAIMER: The advertisements contained in Phoenix Law Enforcer are not endorsements of these products and/or services. PLEA makes no warranties or representations, express or implied, as to any manner regarding the products and/or services provided by these businesses.

CONTENTS BOARD OF TRUSTEES Health Care Audit, Body Cams ........................................ 4 Wait for the Muzzle Flash ................................................. 6 Hindsight Isn’t Always 20/20 ............................................ 8 Update on Benefits ......................................................... 10

ALSO INSIDE Training & Classes............................................................. 5 Contest Winners.............................................................. 11 The Journey ..................................................................... 12 Explorers and the PLEA Scholarship Program ............ 14 PLEA Partners on Project to Combat Child Trafficking ........................................................................ 16 PLEA Joins Carey’s Corps .............................................. 17 2015 Retiree Picnic Breaks a Record! ............................ 19 PSB Tactics in Officer Investigations ............................ 20 Phoenix Police Museum: Indoor Summer Fun ............ 22 Fallen Heroes ................................................................... 23

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MAY/JUNE 2015

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3

PRESIDENT’S MESSAGE

Health Care Audit, Body Cams

T

Health Care Insurance Audit

JOE CLURE President [email protected]

“

We have a pretty decent body-cam policy, but that could change if officers abuse their discretion or fail to comply.

”

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he City will soon begin a health insurance audit to determine the eligibility of plan members covered on the City insurance plan. What that means for you is that the City will be checking the dependents listed on your insurance plan. Now is a good time to gather your marriage license, divorce papers, legal guardianship and domestic partner documents to show proof of eligibility. The good news is, the City will provide an amnesty period during which you can self-report and not suffer any consequences. However, if it later determines that you have unauthorized dependents covered under your name and they have had medical costs against the insurance plan, you could be liable for those costs. There is also the possibility than you could receive discipline. So, if you have had a life change recently, such as a divorce (for example, you now have an ex-wife or stepchild), a dependent who has turned 27 years old, etc., make sure that they are not listed as eligible dependents on your plan during the amnesty period. The audit should begin in late summer or fall.

Body Cams

Two years ago, I was not a fan of bodyworn cameras. A lot has changed since then, and now I think every officer should insist on one today for their own protection. As a result of the Maryvale body-cam study, I have heard numerous stories in which the camera has saved the officer from false complaints. Use of body-worn cameras in policing has become the way of the world we live in and, as the saying goes, you can’t stop technology #7289. A couple of years ago, we started out with a body-cam pilot program consisting of two squads in Maryvale wearing cameras. That has since expanded to 150 body-worn cameras in

the field. With that said, the success of the body cam is in the policy. Although it is not perfect, right now we have a pretty decent body-cam policy. It allows officers to turn the cameras off under certain circumstances during their shifts. However, that could change if officers abuse that discretion or simply fail to comply with the policy and don’t turn the cameras on as required during their contacts with citizens. Chief Yahner has reached out to me and expressed some concern about compliance with the policy, when officers are not turning on the cameras as often as they should. He acknowledges the fact that, as we are all human, sometimes it can be that it simply slipped an officer’s mind; however, that should be infrequent. He does not want a policy that mandates body-worn cameras be activated constantly during your shift, but that could be forced on us if we do not use the cameras correctly and according to the current policy. The other thing to consider is that even if you legitimately forget to turn on the camera and something happens, some will try to draw a negative inference by that and question if you have something to hide. So make sure that if you have a body cam, you use it per policy!

Police Week

Lastly, May 15 is Peace Officers Memorial Day, as part of National Police Week. As we remember and honor Detective John Hobbs and all officers who have made the ultimate sacrifice, remember to be careful, wear your vest and stay safe! PLEA

20

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MAY/JUNE 2015

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VICE PRESIDENT’S MESSAGE

Wait for the Muzzle Flash

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here is a famous quote attributed to the American Revolution, specifically the Battle of Bunker Hill, by General Israel Putnam of Connecticut: “Don’t throw away a single shot, my brave fellows … don’t throw away a single shot, but take good aim; nor touch a trigger, ’til you can see the whites of their eyes.”

KEN CRANE Vice President [email protected]

“

Use-of-force evaluations are clearly being driven by politics rather than the rule of law and departmental policy.

”

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The obvious intent of the quote was to encourage soldiers to conserve ammunition and hold fire until the last minute in order to inflict the maximum number of casualties, as rapidly as possible, against a force of well-trained British regulars who most certainly outnumbered them. In modern law enforcement, there is a similar but more disturbing trend starting to emerge that I simply refer to as the “wait for the muzzle flash” mindset. Since I came on the Department in 1989, and for decades before, there have been numerous shooting incidents over the years where police officers, not only in Phoenix but around the nation, have shot suspects who were unarmed or later found to be unarmed. In the vast majority of these instances, officers are not criminally prosecuted and are usually found to be in policy by their respective departments. Most

of these situations involve suspects who either simulated a firearm or refused to follow commands, combined with making furtive moves or displaying other contextual cues that would lead a reasonable officer to believe that the suspect was going for a weapon. On August 9, 2014, the now-infamous shooting in Ferguson, Missouri, between Officer Darren Wilson and Michael Brown occurred. The contact quickly escalated to a level necessitating the use of lethal force to control the situation, ultimately resulting in the death of Brown. The nation was then treated to an incredible display of biased media reporting where new and improved versions of the story were pumped out daily, with little to no fact-checking beforehand. Reporters in some cases literally tried to gin up victims and witnesses, all in the name of getting a fresh angle on an already controversial and convoluted story. A nation watched as a mob mentality took hold in a small town where protestors came in from outlying cities and out of state, resulting in looting, businesses being burned, and injuries to citizens and police alike. The media became complicit in perpetuating the bogus “Hands Up, Don’t Shoot” mantra, all in the name of keeping the hype going. Perhaps most disappointing was seeing Attorney General Eric Holder on the ground in Ferguson making statements that tended to inflame, rather than calm, an already tense situation. He seemed to take on more of an activist role than that of the nation’s top law enforcement official. I believe many cops nationwide felt betrayed by the AG’s actions. Prior to and since Ferguson, I have had growing concerns with the way police

Dr. Steven Sabatino

managers are viewing and reacting to use-of-force incidents, including here in Phoenix. A couple of years ago, our former Chief made his infamous statement that the only three entities that determine whether an officer’s use of force is in policy are “the citizens, the media and the Police Chief.” I found this to be an unbelievable and absurd statement, especially coming from a person with well over 30 years of police experience. When I heard those words from the previous Chief, I knew that decisions made by him on anything high profile would be politically motivated rather than rule driven. Since Ferguson, my guess is that police managers in many jurisdictions across the nation have succumbed to a condition I will refer to as Fergusonitis. This is a condition that occurs when use-of-force incidents that previously would have been found in policy are now being found out of policy in an attempt to head off potential political fallout. Police managers then scratch their heads wondering why officers won’t work the streets with the same level of energy and drive as in years past. Some officers simply aren’t going to go the extra mile or take what they perceive to be unnecessary risks knowing that in the current climate, they may be the next item served up on the menu of political expediency. I have seen Fergusonitis firsthand in at least four use-of-force incidents that readily come to mind here in Phoenix over the last couple of years: a couple that occurred pre-Ferguson and a couple post-Ferguson.

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MAY/JUNE 2015

PHOENIX LAW ENFORCER

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SECRETARY’S MESSAGE

Hindsight Isn’t Always 20/20

T FRANKLIN R. MARINO Secretary [email protected]

“

Most of the media and public don’t understand how quickly an unarmed suspect can become an armed one.

”

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he 1985 studio album 20/20 by jazz artist George Benson contains a hit song of the same name. The chorus of that song is as follows: If I knew back then what I know now If I understood the what, when, why and how Now it’s clear to me, what I should have done But hindsight is 20/20 vision While the song is reflecting on a failed relationship, the chorus summarizes what any of us can say about the many decisions we’ve made in our lives that didn’t turn out the way we would have liked them to. Looking back on some use-of-force cases that have come through the PLEA office over the past three years, it appears that investigators, middle and upper level management, as well as peer officers and citizen members of Use of Force Boards, have questioned officers’ decisions to use force, up to and including deadly force. What I’m referring to isn’t blatant or excessive force, but situations where the appropriate level of force is justified and used, yet just doesn’t look pretty. I believe what makes matters worse is that some of those involved in the decision-making process — as to whether the force used is in or out of policy — haven’t worked the street for years or haven’t gone hands-on with a violent criminal during the same time span. The times have changed, and I’ve heard it said by some of the decision makers, “I’ve been a cop for X number of years,” but again, the reality is that we’re not dealing with the same types of criminals we were dealing with even as recently as 10 years ago, and some of those deciding have been off the street longer than that. Criminals today are more violent, and more willing to challenge, fight and even kill you to avoid being arrested or going back to prison. Couple these trends with illegal drugs like bath salts and the more potent forms of heroin and methamphetamine that have been showing up on the streets, and you’re going to see increases

in the level of force necessary to take a subject like this into custody or stop them in a fight. While the “polyester pileup” is sometimes the only way to get these people under control, it’s still a struggle, and with our limited resources and manpower, it may be a while before enough officers arrive to assist with securing them. Another disturbing trend is the public (and sometimes our own supervisors) trying to “classify” crimes so that it implies there is an appropriate level of force used to effect an arrest, commensurate with the severity of the crime, be it misdemeanor or felony. We’ve all heard: • “It’s just a traffic violation.” • “It’s just a property crime.” • “It’s just a document crime.” • “It’s just a stolen vehicle.” • “It’s just a trespasser.” • “It’s just a shoplifter.” • “It’s just a misdemeanor warrant.” I can attest, as can anyone who works the street or has worked the street for an extended time, particularly in recent times, that some of the worst fights that we’ve been involved in have been over these types of incidents. Taking into consideration the 37 Phoenix police officers who have been killed in the line of duty since 1925, there are officers in this group who were killed by a jaywalker, a burglary suspect, a suspect trying to cash a forged check, and the occupants of a stolen vehicle. Over the years Phoenix police officers have been seriously injured by suspects who were riding bicycles and acting suspiciously; had committed a burglary (as recently as March 26 when a burglary suspect fired on officers with an AK-47 rifle); were trespassing in a vacant mobile home; and were driving a vehicle with stolen license plates. While these are specific examples related to the Phoenix Police Department, you can find other agencies with similar incidents and results not only here in Arizona, but

across the country. Search the Officer Down Memorial Page, www. odmp.org, and you will find listings of every officer killed in the line of duty in the United States and our territories since 1791, and the circumstances surrounding their deaths. Keeping that in mind, Flagstaff Officer Jeff Moritz was killed on a loud music call, something we as officers tend to classify as “no big deal” and routinely advise on, instead of going with a backup officer. As for “unarmed suspects” being injured and/or killed by officers, the media and most of the general public have a major misunderstanding about how quickly an unarmed suspect can become an armed suspect, and the reasons why these shootings are often justified. In the digital age, where misinformation can quickly be spread via the Internet and social media, more and more officers are being tried in the court of public opinion long before facts surrounding these incidents are known. Misinformation is further clouded by people who weren’t even remotely involved in the incident but who have ginned up their own “facts” or accounts, which have, in many cases, turned out to be unfounded or completely contradictory to eyewitness testimony and forensic evidence. All police officers #7234 are taught in the Academy that our biggest threat is the possibility of our own weapon being used against us, which is why weapon retention is a major component of arrest and defensive tactics training, as is the rule of thumb that the body armor we wear should be able to stop the caliber of our primary duty weapons. We are also taught that every person we come into contact with is potentially armed. Granted, we live in a state where firearms can be carried openly or concealed without a permit by eligible people, but this doesn’t mean that we draw our firearms during every contact with the public. Instead, we rely on a combination of certain cues or behaviors, which include: • Avoidance • Ignoring verbal commands • Sudden movements • Failure to keep the hands where they can be seen • Reaching into pockets • Reaching toward the front or rear waistline • Belligerent attitude and profane language • Squaring off or advancing on officers after repeated commands to stop and get on the ground Getting back to that hindsight thing, one of the tenets of the landmark 1989 U.S. Supreme Court decision known as Graham v. Connor, which governs use of force by law enforcement, is that the court ruled specifically that “The ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.”

Graham v. Connor, Arizona Revised Statutes 13-409 and 13-410, which cover the justification of force and deadly force in law enforcement, and Phoenix Police Department Operations Orders 1.5, all factor in when determining whether or not force used by an officer was reasonable. Again, we’re talking the use of force applied at the time the decision was made, not the tactics that led up to the situation, which people sometimes get confused — including members of the many Use of Force Boards that I have attended over the years while representing officers. Could there have been another way to approach the situation or another way to react? Could the officer have done something differently? I’m sure that in almost every case something could have been done differently, but keep in mind that use-of-force situations usually occur in split seconds, are very fluid and dynamic, and for the most part, are dictated by the people whom we are using the force on. Studies conducted by the Force Science Institute have shown that an untrained person can draw and shoot in 1/4 of a second. In other words, we are reactionary, and rely on our training and experience to determine what is occurring and how we respond to that stimulus. So to answer the $64,000 question: Could the officer have done something differently? Absolutely! The officer could have gone “Code 6 prior” instead of responding to the call and contacting the person in question, or for that matter, they could have dropped a BV or BC slip and taken the day off. Don’t advise, wear your vest, watch your speed and stay safe! PLEA

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PHOENIX LAW ENFORCER

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TREASURER’S REPORT

Update on Benefits Pharmacy Changes Coming Next Year

T WILL BUIVIDAS Treasurer/Chief Contract Negotiator Phoenix Police Pension Board Trustee [email protected]

“

Changes are necessary to control our health care costs; some of these savings will go right back into your pocketbook.

”

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he City will be drastically changing the way our pharmacy benefits work, most likely starting on January 1, 2016. Currently, our prescription drug benefits cost the Health Care Trust tens of millions of dollars a year. By making a couple changes, we can save the Trust almost $8 million a year. Currently, there is no requirement to use mail order for maintenance drugs (these are drugs that a person takes for over 30 days and that have been prescribed for an extended period of time). Using mail order is extremely cost effective for both the Trust and for you. For instance, when you use mail order, you get a 90-day supply for the cost of a 60-day supply, so instead of spending $60 for the three months, you will be only spending $40 in prescription co-pays. However, the current mail order system is not user friendly. The City and the Trust board recognize this, and the process will be going out for bid later this year to ensure that we have a mail-order system that meets our needs. The other change will be with regard to CVS and Walgreens, as they are significantly more expensive than other pharmacies in the Valley. By eliminating them from the network, we will save about $2 million per year. While these changes will be an inconvenience for some, they are necessary to get our health care costs under control. Since we share an 80/20 split with the City on healthcare premiums, some of these savings will go right back into your pocketbook.

PSPRS Phase-In/Lawsuits

Recently, rising City contributions for police and fire pensions have attracted a lot of media attention. As you may have heard, the City has elected to phase in the significantly higher contributions over the next three years instead of paying them all this year. These higher contributions are a result of the Fields case. Although Fields is a retired judge, the case reinstated cost of living allowances (CO-

LAs) for those who were in the Public Safety Personnel Retirement System (PSPRS, which includes judges) and retired prior to January 1, 2012. While there are pros and cons to this strategy, if the City had paid the entire amount this year, its budget would have been crippled. As it stands now, in 2016 the City will have to find an extra $30 million for PSPRS on top of what it is paying today. This will push the City’s contribution rate to over 50% of payroll for police. This is on top of what we pay into the system as our contribution. There has also been some recent media attention on the Hall and Parker cases. These cases revolve around SB 1609, which went into effect in 2012. The Hall case, which applies to judges’ pensions, was ruled in favor of the judges. This means their contribution rate will go back down to 7.65% and their COLAs will be restored when they retire. This case is currently on appeal to the Arizona Supreme Court. Since that case is on appeal, the Parker case (regarding active police officers) is on hold until a final ruling is issued. We expect the Parker case to go the same way as the Hall case. If the Parker case does overturn our increased contributions and decreased COLAs, the City will have to come up with significantly more money to put into PSPRS. These increased contributions are one reason we have been working with the fire union on a plan to fix PSPRS for the long term. Stay safe out there, and in light of recent events throughout the country, remember that you don’t always know if someone is filming you as you do your job. Be careful! PLEA

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Weekend mentoring camp

threatening to resign if the City of Phoenix didn’t bargain in good faith — and the association’s board splitting after viewing a video at a police officers’ rally of the Chief of Police stating that he would rather have hundreds of officers resign than have to deal with them. The first and second try at forming a police association resulted in or those who don’t know me, my history includes being a certain police officers, who wanted to bring some type of legitimate Phoenix police officer for 40-plus years, retiring in 2009, representation to all officers, being forced out of the Department. then joining the Phoenix Police Reserves, and finally retiring In the third attempt at forming an association, we had the proteccompletely at the end of 2013. tion of the law to help us organize, thanks to our friends in the fireA highlight for me in my history was having the privilege of helping fighters’ union. But we still to found the Phoenix Law had several years of repreEnforcement Association sentation battles with the (PLEA) and serving PhoeFraternal Order of Police nix police officers as the (FOP). From a memberfirst president of PLEA. ship of only 200 members The journey of forming for the first signed contact, an organization that truly your organization, PLEA, represented the interests of has grown to be a respectstreet cops was not easy. I ed influence in our comremember an assistant munity over the past years. chief of police coming Yes, the journey for into my Academy class representation has not and telling all of us rookies been easy, and it continthat we would be fired if ues with special-interest we joined the Patrolmen’s assaults on your repreAssociation, which was sentation rights. I would then only in its beginning encourage every Phoenix stages. Or the second try of police officer to remember forming a police officers’ that PLEA is you, and its association, which resulthistory is a legacy of many ed in hundreds of officers Aerial view of the Agape Youth Ranch Academy

By Gordy Lange Phoenix Police Officer (ret.), former PLEA President, and Founder/CEO of Agape Youth Ministry and Agape Youth Ranch Academy

F

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of your fellow officers who fought the fight, put their jobs on the line, sacrificed their family time and committed their careers to serving their fellow officers. My question is, since those police officers had your back in forming and growing PLEA, do you now have the backs of your current PLEA leaders? I also would like to tell you all about another journey I embarked on years ago, which has been just as emotionally, physically and financially demanding as my struggles were in surviving the challenges while being part of PLEA. After being fired from the Department for my efforts in forming PLEA (although the reasons given by the Police Chief at the time were later proven false), and going through a divorce and becoming a single father of two young daughters, there was an amazing blessing that came out of my brokenness — Jesus Christ met me at the bottom of my despair, dusted me off and started me on a brand-new path of redemption, hope and a bright future. He put in my heart the need to create a youth-focused ministry and brought other Christian men to work beside me, and together we formed the ministry known today as Agape Youth Ministry. The word “agape” describes God’s unconditional love, which seemed most appropriate for what struggling teens would experience at a ranch dedicated to helping them learn how to make good choices in life, separate themselves from bad influences, and stay the course #9406 toward a life of purpose and positive direction. The challenges in establishing this ministry were not any easier than establishing PLEA. It has been a journey of sacrifice, perseverance and determination. But where PLEA had the law for protection, Agape Youth Ministry has had God for protection, provisions and guidance. It’s an amazing journey when you have God to depend on to have your back! Agape Youth Ministry (AYM) is a nondenominational, faithbased ministry that relies solely on donations in order to serve the needs of low-income, at-risk youth and their families. The Agape Youth Ranch, located near Elfrida in Cochise County, brings ranch animals and these youth together to help transform lives. AYM also holds weekend events for inner-city youth at our Perdue mini-ranch, located in the Rainbow Valley area of Maricopa County. We have also started a 12-month, four-year academy for teens ages 14 to 17 at our Agape Youth Ranch near Elfrida. Agape Youth Ranch Academy is a school to help struggling teens achieve their scholastic and vocational goals. Most of these teens come from financially disadvantaged families, often having only a single parent. How many teens do you deal with on the street who fit this description? Currently, we are struggling to start the Agape Youth Ranch Academy. We are sorely in need of volunteers who have construction skills so that our activity building (which houses the commercial kitchen, dorms, two staff apartments, an office and a large activity area) can be completed, as well as money for teen scholarships, plus people who want to be the “feet on the ground” part of changing kids’ lives, rather than dealing with them on the street. If you feel called to help in any or all of these areas, please contact me at gordylange@gmail. com and/or review our website at www.agapeyouth.org for additional information and photos. A final note: I want to commend your fellow officers who are serving you in our organization, PLEA. Please be there for them! Jesus gave us just two commandments: that you love God with all your heart, soul and mind, and the second is to love your neighbor (i.e., brother and sister officers) as you do yourself. PLEA

Kids at the month-long summer camp, learning dog training

A class at the academy

A weekend youth group at the ranch

Relaxing around the campfire MAY/JUNE 2015

PHOENIX LAW ENFORCER

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EXPLORERS

AND THE PLEA SCHOLARSHIP PROGRAM By Mary Graf Post Academic Advisor

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ince 1971, hundreds of Phoenix Police Explorers have entered the doors of 620 West Washington as 14- or 15-year-olds to train, learn from and volunteer beside law enforcement professionals in the Phoenix Police Department. In most cases, these young men and women attempt to stay in the program throughout their high school years and beyond, as this BSA/Learning for Life program doesn’t “age out” until participants reach 21. It is these older and seasoned Explorers who are put in charge of running the program, serving as command staff and mentoring the younger recruits through their probationary time and the Explorer Academy each summer. With students staying in the program for years at a time, a very real feeling of family and group responsibility is present. In 2014, Phoenix Police Explorer Post 2906, currently at 45 strong, provided 5,400 volunteer hours to the Department and the City of Phoenix, and are on track to meet and exceed that number this year. Recently, several members of the post were certified by the City of Phoenix to provide necessary and badly needed Spanish translation assistance for the Department. Virtually all members of Explorer Post 2906 are focused on a future in law enforcement or public safety. Many Post graduates are now officers within the Department, work in 9-1-1/dispatch, or have gone on to serve as EMTs and in all branches of the United States Armed Forces. Because they have already gone through an extensive background vetting and must meet strict policies throughout their time in the program, these

The Post strives for balance in law enforcement training, academic achievement, community service and physical conditioning (PC). The Explorer program takes PC seriously, with one meeting a month devoted to it.

Assisting at the John Hobbs fundraising barbecue

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2015 Scout-O-Rama: taking a break at the booth

young adults present themselves as excellent candidates when they are ready to move on from the Explorers. “Ideally, we would like to see our 21-year-olds picked up by Phoenix. With the police cadet program in the past it was an easy transition for them to move right into cadets and then the Academy for training,” says lead advisor Detective Doug Burrow. “Now they are applying for municipal guard positions and D.O. positions at MCSO, with a big crew recently hired as security officers at Grand Canyon University. Now that the Department is hiring again, we have our older former Explorers applying and competing for those PPD positions. All of us look forward to seeing badges on these former Explorers; they have already proved themselves to me.” With the demands of school and family obligations added to a tight economy, many in the group seek part-time employment upon reaching age 16. The balancing act they do among studies, work and meeting the requirements of the Explorer program would be a tough act for any adult to follow! However, they consistently prove themselves, turning in high grades (the program requires a minimum 2.0 GPA for participation), serving as command staff, and actively volunteering each month. With advanced placement (AP) classes now available in most high schools, a large percentage of the Post participates in honors programs and classes that provide them with college credits while they are still in high school. Many of them graduate well on their way to an associate degree and prepared to pursue a higher degree upon graduation, but financial reality does not always make that possible. It is a sad reality that with state universities facing a mandatory 10% cut in operating expenses this next budget year, scholarship money is becoming harder to obtain. “I’m applying for everything I can,” notes Executive Assistant Commander Dayanara Sesmas, 2014 Explorer of

Summer 2014 team-building trip to Marine Corps Recruit Depot, San Diego: Many in the Post enter the military, then try to get on with the Phoenix P.D. when they return.

The opening of the Franklin Police and Fire High School’s new public safety building

Post 2906 with lead advisor Detective Doug Burrow and volunteer advisors the Year. She has already been accepted into the Honors Program at Grand Canyon University and is actively seeking merit and financial assistance to make her college dream a reality after graduation in May from Franklin Police and Fire High School. Sadly, the Post recently lost a number of seasoned command staff who had to take on full-time work in order to continue their degree programs. “Explorers gave me direction and had a huge impact on my life,” says former Executive Commander Joshua Davis, who is now working as a security officer I at Grand Canyon University. GCU has been a fortunate recipient of the Department’s Explorer program, with four prior Explorers now employed there, combining their goal of working in law enforcement with continuing their higher education. Recently 11 of the Explorers were tested and certified by the City of Phoenix as Spanish translators, serving on the Post’s 964T translator squad at neighborhood events, the Citizens Police Academy and wherever needed. The future of law enforcement demands smart, capable, dedicated applicants with high integrity and inner drive. These traits are seen very early each quarter and semester, when the students turn in their grade reports. Four are maintaining perfect 4.0 GPAs, with 13 in the 3.5 to 3.99 range, and seven at 3.0 to 3.49! Explorers, their parents and Explorer advisors actively assist these academic stars in seeking merit scholarships and financial aid. Many qualify for tuition waivers from the local community colleges, but are still are faced with high fees for books, labs and other scholastic expenses. PLEA is planning to step up annually and meet some of the financial needs of these top students. By providing two annual scholarships of $1,000 each ($500 each semester), PLEA will help defray some of the growing expenses of seeking a higher degree. These scholarships will be open to Explorers who have graduated from the two-week summer Explorer Academy, have met all Post policies, and have proven themselves through their active participation in the program and their GPAs. These financial awards will be renewable for up to four years with maintenance of a 3.0 GPA. Applications will be open to high school seniors as well as Explorers who are already enrolled at the college or university level. PLEA will be actively seeking to build an endowment that will fund these scholarships annually via PLEA Charities. Contributions to PLEA Charities can be made monthly through your PLEA dues deduction. Call the PLEA office at (602) 246-7869, and a payroll card will be sent to you. All contributions are tax deductible, and annual receipts are sent to donors. Checks can also be made payable directly to PLEA Charities and mailed to 1102 West Adams Street, Phoenix, Arizona, 85007. Phoenix police officers and PLEA members are already familiar with the Explorer program and its members. You’ve seen the Post actively volunteering in all precincts and at annual City of Phoenix events. Some of you have hosted Explorers on ride-alongs. By helping these young adults reach their educational goals, we grow our own excellent candidates to someday join us out on patrol! PLEA

Lieutenant Kimberly Mitchell with Franklin Police and Fire Explorers at the recent opening of their new police and fire classrooms. Ten of the current Explorers attend Franklin and are in leadership roles there.

Commander A. Zavala with a law enforcement friend at the W. Steven Martin Santa’s Warehouse toy drive. The Post stocked the shelves.

PFC Cooper Smith with advisor Officer Doug Keller: Smith left last year and is now an MP, recently returned from Korea and posted to Fort Huachuca. He received the Best MP award at Camp Humphreys in Korea in early 2015 and said he did so well because his years in the Explorers had prepared him. His 100% goal is to end his tour and get on with the Phoenix P.D.

The Explorers assist the advisor volunteers in all parts of running the Post.

Teamwork! The Explorer team at the Chandler Tactical Competition, January 2015 MAY/JUNE 2015

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PLEA PARTNERS ON PROJECT TO COMBAT

CHILD TRAFFICKING

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lthough human trafficking and child sex exploitation are often viewed as overseas problems, 300,000 children are trafficked or are at risk of being trafficked in the United States every year, and the victimization begins at an average of 13 years old. Unfortunately, large cities often see a rise in these crimes when major events such as conventions or sports championships come to town. In the months leading up to the 2015 Super Bowl, law enforcement and human rights advocates conducted a focused effort to fight sex trafficking in Phoenix. As part of this endeavor, in January — which is also National Slavery and Human Trafficking Prevention Month — PLEA joined with other local groups in a campaign to publicize the issue and support young victims. The project began when PLEA President Joe Clure’s daughter, a leader of Girl Scout Troop 2176, asked him if PLEA would be interested in getting involved with the troop’s charity drive to benefit StreetLightUSA, a Phoenix nonprofit organization that helps adolescent girls escape the vicious cycle of child sex trafficking. The family connection got the ball rolling, but the cause was also a natural extension of PLEA’s support for justice and public safety. “It was a no-brainer,” says Clure. “It helps StreetLightUSA in its mission to protect children, it helps PLEA make a positive contribution and it helps the Girl Scouts learn about community service.” Clure reached out to the Phoenix Police Sergeants and Lieutenants Association (PPSLA) and United Phoenix Firefighters (UPFF), which were equally happy to participate. “We were pleasantly surprised to hear about the drive,” says StreetLightUSA Public Awareness Manager Norma Salas. “Police officers already do so much for us, including helping us spread awareness of the issue and rescuing girls from the streets and from their pimps. We get calls at all hours from police officers who need a safe place to take victims, and we thank them for bringing girls to safety at StreetLightUSA. This campaign was extra significant because it involved some of those officers.” On January 28, PLEA, PPSLA and UPFF Local 493 held a joint press conference at the PLEA office to highlight the problem of sex trafficking and kick off a month-long drive in partnership with Troop 2176. The goal was to collect much-needed hygiene products to give to StreetLightUSA’s residential center for victims of child trafficking and sexual trauma, the largest of its kind in

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the nation. The program provides round-the-clock shelter and support in a homelike setting for 48 girls ages 11 to 17, helping them heal their bodies and minds, handle legal matters, pursue education, and develop life skills and career goals. Newly rescued victims sometimes arrive at the facility without shoes on their feet, let alone the basic personal care items most of us take for granted. The drive requested donations of deodorant, shampoo and conditioner, body wash, feminine products, toilet paper, paper towels and new undergarments to give the children a fresh start in life. PLEA, PPSLA and UPFF launched the effort with a donation of $1,000 worth of products. “We hope that shining a light on this very real problem will help us provide the items StreetLight needs for their residents, as well as getting the word out about StreetLight and the good work that they do,” said Clure in announcing the campaign, and these aims were certainly fulfilled. In addition to representatives from participating groups, the press conference included a trafficking victim who spoke about her struggles and Phoenix Police Department Assistant Chief Sandra Renteria, who discussed the Department’s initiatives to stop child exploitation. Also present was Francis Tesmer, CEO of Rolf Lohse International and Rolfs Salons. “She happened to attend the press conference with our CEO, Lea Benson,” Salas explains. “She was impressed by the dedication of the Girl Scouts and wanted to help, so she decided right there to make a contribution” — an amazing $25,000 donation. “Rolfs just showed up out of the blue and blew us away with their generosity!” exclaims Clure. Donations continued to pour in to the PLEA office, and by the time the drive ended on February 28, their total value reached nearly $30,000. “It was awesome how it all came together,” Clure says. “We are so grateful to PLEA for responding to our needs and collecting these items for us, which keeps us from having to buy them and instead allows us to use that money for therapeutic activities for the girls,” says Salas. “We also appreciate the Girl Scouts for their efforts; it is surprising to find such maturity in girls this young, but they know they are helping girls like themselves who have been victimized. We look forward to making this an annual event.” For more information about StreetLightUSA or to make a donation, visit www.streetlightusa.org. To find out about other ways to get involved, please contact [email protected]. PLEA

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PLEA Joins Carey’s Corps

LEA staff and members were among the volunteers who teamed up to support a newcomer to our community as he participated in the Phoenix Marathon. In 2009, after 27-year-old United States Marine Corps Staff Sergeant James Carey returned from a tour of duty in Iraq, he suffered an accident during a water training exercise at Camp Pendleton in California, in which he was pronounced dead and then revived. The near-drowning caused brain injury, and he awoke from a six-week coma unable to see or walk unassisted. Fellow Marines from Camp Pendleton came together to keep his spirits up and help him focus on his recovery. Carey had finished two marathons before the accident, so they began taking him out for runs. A year later, a group of Marines, friends and family members helped Carey complete the Orange County Marathon, pushing his wheelchair for the full 26.2 miles. Two more marathons followed, and as he recovered the ability to walk short distances, he was able to take the final steps across the finish line himself, supported by the group that had become known as “Carey’s Corps.” In July 2014, Carey relocated to live with family in the Phoenix area and planned to compete in the Phoenix Marathon. On February 28, 2015, with assistance provided by a dedicated team #6934 of volunteers, including PLEA, Mesa Police Association, Tempe Officers Association and Arizona Police Association, he

completed the half-marathon portion of the race. PLEA would like to extend our gratitude to members of our office staff who devoted their own time to this effort, as well as the numerous other volunteers who worked at the event and behind the scenes to make this dream a reality for Staff Sergeant Carey. Now that he is a Valley resident, PLEA hopes to continue to help him achieve his goals by participating in future marathon events. PLEA

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Vice President’s Message Continued from page 7 >> In one incident an officer was found out of policy for firing on a suspect who spun around and went for his waistband, where a glint of metal was seen, leading the officer to believe the suspect was going for a gun. In another, a suspect, while being chased, crouched down and then came up in a shooting stance, leading the pursuing officer to believe his partner was about to be shot. The officer did pretty much what any reasonable officer would have done under the circumstances and fired on the suspect. You guessed it … out of policy because the officer didn’t actually see a gun. When officers are found out of policy in situations such as these, it sends many clear messages: • The new, unwritten rule is that officers are now expected to clearly see a weapon or wait for the muzzle flash before firing (a position, by the way, that is clearly not supported by Supreme Court case law, state law or departmental policy). • In the post-Ferguson era that we now find ourselves in, use-offorce evaluations are clearly being driven by politics rather than the rule of law and departmental policy. • Persons sitting on the Use of Force Boards often seem to be ill-informed in regard to relevant use-of-force case law, state law and departmental policy, and render decisions on what looks or feels good, rather than what is factual. The following are a few examples of some of the unbelievable questions that PLEA reps have heard from investigators in post-use-of-force interviews and from panel members of Use of Force Boards: • “Did the gun the suspect was holding appear to be functional and loaded?” This is the type of question that evokes a jaw-drop response in anyone with any common sense. Let’s go back to our basic firearms training in the Academy, where they bang the four basic firearms safety rules into our heads before they ever allow us to handle a firearm. Rule No. 1: All guns are always loaded. ’Nuff said. • From a peer officer on a Use of Force Board: “I would be more comfortable if the officer had waited another second before deciding to fire.” Anyone who has taken the time or effort to do just a little digging on current use-of-force research can easily discover that an untrained person can draw from the waistband and get a shot off in 1/4 of a second. With a little practice, some people can whittle this down to 1/10 of a second. By comparison, it takes the average person about 1/3 of a second to blink. Translation: An untrained person can draw a gun concealed in the waistband and fire faster than the blink of a human eye. Then people sitting on a UFB say, “I would have been more comfortable if the officer had waited another second before deciding to fire.” • “Knowing what you know now, is there anything you would have done differently?” This is one of the most ridiculous and unfair questions I have ever heard, yet investigators and panel members on Disciplinary Review Boards (DRBs) and Use of Force Boards (UFBs) alike are fond of asking it. It is grossly unfair because it requires the involved officer to judge his or her own actions based on the 20/20 vision of hindsight. The correct answer to that question is, “Yeah, I should have dropped a leave slip that day and not even come into work.” The Supreme Court, in the 1989 case of Graham v. Connor, stated that an

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officer’s application of force should not be evaluated using the 20/20 vision of hindsight. If the Supreme Court realizes it’s an unfair evaluation, then why do we allow our investigators and panelists who sit on DRBs or UFBs to persist with this type of questioning? • “Couldn’t you have backed up or created distance?” This is one of those Monday-morning-quarterback questions. The purpose of the interview should be to ask questions about the force options used, and give an officer a chance to explain the events leading up to the application of force and why they felt a given force option was necessary. All too often, investigators allow themselves to engage in argumentative questioning about the officer’s tactics rather than the specifics of the force application. As police officers, we are trained to stay in the fight, never quit, never give up and hang in there until the situation is under control. When you go hands-on with someone, backing up and creating distance is usually not the answer. We all understand that police officers wield a great deal of power, and with that power comes a great deal of responsibility and accountability. When you have the right to deprive a citizen of their freedom or in extreme circumstances take a life, there should be great accountability; however, we owe it to our officers to make sure that those who are tasked with interviewing, analyzing and evaluating use of force have the best training we can give them. Those who interview and sit on the UFBs and DRBs, from the assistant chief on down to civilian members of those boards, need to have a thorough understanding of the relevant use-of-force case law, state law and departmental policy. More importantly, they should be sent to some of the more cutting-edge AZPOST-approved training that is available, such as one of the many Force Science Institute seminars that provide useful, scientifically supported information on the human factors involved in use-of-force dynamics, or some of the Americans for Effective Law Enforcement’s (AELE) and Labor Relations Information Systems’ (LRIS) use-of-force training seminars. PLEA makes the effort to send many of our reps to these types of seminars. We believe it is money well spent. It is sad to know that in many instances at UFBs or DRBs, our reps are probably the best-trained people in the room. While increased accountability is fine, officers should not have to live under the fear that: • They need to wait for the muzzle flash. • The board that evaluates and judges them lacks the requisite knowledge to make a proper decision based on facts and evidence, rather than what feels right at the moment. • They will be served up on the platter of political expediency to satisfy an agenda. If the new mantra is to “wait for the muzzle flash,” then we’d better get on the stick and notify the Supreme Court that they might need to revisit Graham v. Connor. We also might want to get the state legislature to revise the justification for use-of-deadly-force statutes. We should also get hot on revising Department policy and scheduling the “wait for the muzzle flash” training modules. The downside of use-of-force reviews and discipline decisions driven by local or national trends, rather than rules and laws, is that officers will hesitate to engage, which could have devastating consequences. If this is the direction we are going, the City may as well plan for a lot more industrial injuries, police funerals and life insurance payouts. PLEA

RETIREES

2015 Retiree Picnic Breaks a Record! By Joyce Hubler Detective (ret.)

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ast year, at our first-ever Retired Phoenix Police Officers/Dispatchers Picnic, 225 people showed up. This year, our attendance was estimated at approximately 270. One thing different about this year’s picnic that set it apart from last year’s was that we had many attendees who came from out of state, including Missouri, Texas, Pennsylvania and Washington. We also had people who came from all corners of Arizona. The success of this picnic and fundraiser for the Fran Anatra and Debby Black Joyce Hubler and Ed Kiyler Phoenix Police Museum was dependent on the efforts of fine wines. This fabulous raffle took a huge effort to put together and many volunteers, including Dave Lane, who for two years in a row has brought in $2,065. Thank you for your efforts! generously donated a new firearm. This year he was joined by Steve Sherry Sparks was a huge help to me in selling Phoenix Police retiree Proctor, who also donated a new firearm. Both firearms were raffled polo shirts and hats. As I was hobbling around with a fractured knee off and brought in $3,195 to help with restoration at the Phoenix Police and sporting a brace and cane, Sherry was my right-hand lady. Museum. Thanks to Martha Proctor for her help with the raffle. Thanks to Mr. and Mrs. Larry Sheets, and Ed and Kim Catlett for Ruthie Cooper designed and had a custom banner made for our working the sign-in table. That is a very tough and hot job, but they retired Phoenix police and dispatchers group, and we will be using this stuck it out and did a great job. at our events in the future. Thanks, Ruthie! Our very meaningful invocation for fallen and current officers was Thank you to the Phoenix Law Enforcement Association for donating presented by Cleo Lewis, who also filled in as our official photographer. the fees that allowed us to rent two ramadas and for the beautiful gift And of course, the biggest thank-you goes to those of you who basket. We would also like to thank the Association of Retired Phoenix donate, attend and support the reunion picnic, and our Phoenix Police/ Police Officers (ARPO) for donating the fee for another ramada. Dispatcher Facebook Group, which is currently at 563 strong and still Fran Anatra, Nan and Cave Golding, and Ruthie Cooper worked growing. None of this would be possible without “the group.” You have hundreds of hours contacting businesses and retirees in Cottonwood, made this the success it is. Prescott, Payson and the greater Valley area in obtaining gift baskets, Several retirees still owe money for their polo shirts but when those which were also raffled off. There were approximately 50 different are all tallied (since all proceeds go to the museum), our grand total gift baskets or items, which included getaway vacations, as well as for the Phoenix Police Museum will be $5,560! Good job, all. As a side note, retired Officer William Treadwell, #868, is in an assisted living facility in Milwaukie, Oregon, and would like to receive cards and/or letters from fellow retirees. One considerate retiree has offered to send him the Department newsletter, but whether you knew him or not, let’s let him know we all still care about a fellow PPD retiree. His address is: William Treadwell Deer Field Village 5770 Kellogg Creek Dr. Milwaukie, OR 97222 PLEA Will Faulkner and Tom Kosin Cleo Lewis and Ed Kiyler MAY/JUNE 2015

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LEGAL

PSB Tactics in Officer Investigations By Eric R. Wilson Associate Attorney, Napier, Coury & Baillie, P.C.

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The Problem

y now, if you haven’t experienced it, officers must come to the realization that once under investigation, an officer is almost always presumed guilty. When was the last time you heard of an officer being exonerated on an investigated allegation? When was the last time you read a Professional Standards Bureau (PSB) investigative report that was shorter than 10 pages and did not include PSB’s precatory opinion of what should have been done in hindsight? The consensus among PLEA representatives and PLEA’s attorney sitting beside the officers under investigation is that those days are gone. In the current disciplinary scheme, Chief Yahner may be your only fair shake. PLEA’s attorneys from Napier, Coury & Baillie, P.C., have worked hard over the past several months in an attempt to expose the

improper prosecutorial manner in which the PSB conducts officer investigations and determines sustained violations. This tactic, dubbed the “gotcha game,” has proven to be very problematic because it unnecessarily indicts officers and forces them to combat manufactured integrity issues. We have found, as you may have unfortunately experienced yourself, that, too often, potentially exculpatory evidence is being withheld, not considered, or omitted by PSB in the course of officer investigations. This gotcha game has left multiple officers facing a troublesome career trifecta: discipline to appeal, inclusion on the Rule 15 Database (the Brady List), and Arizona POST certification jeopardy.

Civil Service Board

One glaring example of this was highlighted in a recent termination appeal before the Civil Service Board (CSB). One of the allegations for which the officer received discipline was a sustained

Representation Committee CHAIRPERSON

VICE CHAIRPERSONS

Ken Crane

Jerry Gannon and Bill Galus

REPRESENTATIVES Jeff Anders Ken Barton Yvette Bro Brent Bundy Ryan Clark Dave Dehority Frank Duran If You Have a Grievance First: Attempt to resolve the matter informally with your supervisor. Second: If you cannot resolve this with your supervisor, contact one of the representatives above. Remember: There are time limits to initiate a written grievance.

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Rick Flum Bob Furneaux Greg Gibbs Bret Glidewell Eric Gunnels Barry Jacobs Bertie James

Risto Keranen Darrell Kriplean Lorenzo Mares Chris Mendez Bobby Metrick Greg Myracle Anthony Navas

If You Are Being Investigated Record: All interviews once you have been given an NOI. Copy: All memos or paperwork related to the investigation. Truthfully: Answer all questions related to the investigation.

Steven Perrotta Scott Sefranka Rick Simonick Dennis Smith Kevin Smith Rusty Stuart Jeff Tobey

If you are called by Professional Standards Bureau or any police supervisor regarding an investigatory interview or interrogation, you may have PLEA representation during that interview. Call for representation as soon as possible.

Brian Walsh Mike Walsh Tim Wheeler Keith Yingling

For your convenience, a PLEA Board member and representative are available 24/7. During normal business hours, please contact the PLEA office at (602) 246-7869. During weekends, holidays and after hours, contact the Radio Supervisor.

violation of Operations Order 3.13.6.A(2) (“Employees will not lie during any Department criminal and/or administrative investigation or in matters of legitimate concern to the Department”), for providing untruthful statements to PSB investigators regarding the officer’s interaction with a citizen. Through the excellent advocacy of PLEA’s attorneys during the CSB hearing, the hearing officer found that the City did not carry its burden to establish the untruthfulness of the officer’s statements to PSB and, even if it could, PSB’s determination to treat an inconsistency within the investigation as “untruthful statements” was inappropriate and overreaching. Ultimately, for the forgoing reasons and other mitigating circumstances, the CSB adopted the hearing officer’s conclusion and reinstated that officer. Another example of PSB’s failure to consider directly exonerating evidence will be highlighted in another officer’s upcoming disciplinary appeal. Once again, an officer’s credibility was attacked by the Department when PSB sustained an allegation of untruthful statements made to the officer’s supervisor. During the supervisor’s PSB interview, he indicated, as the recipient of the statement in question, that he did not believe that the officer was being intentionally deceptive. These unequivocally exonerating statements made by the officer’s supervisor were omitted from the PSB investigation altogether. PLEA attorneys will bring PSB’s omissions to light during the officer’s CSB appeal hearing in an effort to mitigate the officer’s five-day suspension. Unfortunately, for both officers and PLEA’s attorneys, the fight against PSB’s dubious investigation tactics will not stop with the CSB, because the City forwards the allegations to the Maricopa County Attorney’s Office Rule 15 Database (Brady List) and sometimes Arizona POST. Rectifying PSB’s attack on an officer’s integrity is tolling on the officer and requires the diligence and expertise that only PLEA’s attorneys can provide. Our team of PLEA attorneys is dedicated to justly keeping officer integrity intact.

of the interview. The arbitrator determined that the City violated MOU Section 1-4(B)(4) when PSB interviewed the officer and failed to preserve all of the documents in the investigation. As a remedy, PLEA requested that the PSB employees’ conduct, resulting in the violation, be investigated — and that the investigation tainted by the violation be dismissed. Ultimately, after consideration of the arbitrator’s nonbinding recommendations, the City manager determined to not intervene in the Police Department’s decision to terminate the officer as a result of the investigation. Whether you consider the result of this grievance a win, loss or wash, PLEA and PLEA’s attorneys continue to combat the PSB problem via all available avenues. Officers are strongly encouraged to contact PLEA and/or PLEA’s attorneys if they witness or fall victim to PSB’s prosecutorial tunnel vision. We can only combat this issue by bringing such blatant examples to City management and Arizona POST. Please contact us for more information on how to protect your career.

About the Author

Eric Reginald Wilson earned his Bachelor of Science in environmental studies from the University of Nebraska-Lincoln in 2008 and his Juris Doctorate and certificate in environmental and natural resources law from the University of Denver Sturm College of Law in 2012. Wilson represents clients in various administrative, disciplinary, and other labor and employment-related matters. PLEA

Make the Most of Your Membership at AZPLEA.COM

Proactive Legislation

One proactive way that PLEA’s attorneys attempted to combat these tactics was to work closely with APA Executive Director Levi Bolton this legislative session. Together we pushed SB 1467, amending the Arizona Peace Officers’ Bill of Rights (ARS 38-1101, et seq.) to require employers to include exculpatory evidence in the officer’s investigative file. Unfortunately, after passing the Senate and the House, a last-minute floor amendment attempting to soften that obligation, among others, left SB 1467 in a position of being killed or vetoed. PLEA’s attorneys will continue, as we have done session after session, to secure your rights at the Arizona Legislature.

MOU Grievance

Another legal avenue pursued by PLEA’s attorneys was taken in the form of an MOU grievance that was heard before an arbitrator. The grievance alleged a violation of MOU Section 1-4(B)(4), which, in pertinent part, requires PSB investigators to provide the officer review of any materials used as a basis for an allegation of misconduct at the time of an interview, and requires that the investigator not intentionally misrepresent any fact or material issued to the officer. Specifically, PSB failed to provide a sergeant’s written notes, which were forwarded to PSB and later purged, to the officer at the time

The PLEA website features: • Expanded Members Only section and services, including online ticket purchases and partner discounts • Law enforcement news and up-to-the-minute PLEA communications • Full PLEA organizational information • Exclusive web-only content

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PHOENIX POLICE MUSEUM:

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INDOOR SUMMER FUN

eed a great place to take the kids this summer? The Phoenix Police Museum, located at 17 South Second Avenue in downtown Phoenix, is free for all visitors. Plus we have a new gift shop with several new items that display our #3392 history and pride! Museum hours are Monday through Saturday, 9 a.m. to 3 p.m. We close on all City and federally recognized holidays. If you have questions or would like to schedule a group tour, please call the museum at (602) 534-PAST. For more information about the museum, visit www.phoenixpolicemuseum.com. Are you retiring soon? Not sure where to put all of that police gear? Bring it to the museum! We are always looking for artifacts from our history to add to our displays! PLEA

DON’T MISS

“An Exciting Historical Experience” At the Phoenix Police Museum Open Mon-Fri 9 A.M. – 3 P.M. | Located in Historic City Hall www.phoenixpolicemuseum.com

The new gift shop has a great selection of logo merchandise and keepsake items, and your purchase helps support the museum.

The Law Offices of Napier, Coury & Baillie, P.C. MICHAEL NAPIER has been representing Phoenix officers for over 36 years. Mr. Napier is one of the most experienced labor and personal injury attorneys in Arizona. Mr. Napier has represented hundreds of officers before administrative bodies throughout Arizona and has assisted critically injured officers and the survivors of the officers in obtaining compensation for their injuries and losses.

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P.C. She has worked with Michael Napier on personal injury and wrongful death cases, dram shop liability, negligence, administrative, disciplinary and other employment matters.

ANTHONY COURY has focused his nine years of practice primarily on personal injury and wrongful death lawsuits in which he has served as plaintiffs’ counsel. He has experience in cases dealing with dram shop liability, negligence, governmental claims and products liability, including service as counsel on the litigation team for Phoenix Police Officer Jason Schechterie.

In addition to the full services provided to PLEA members to protect their careers, the Law Offices of Napier, Coury & Baillie, P.C. provide the following: • Personal injury recovery (on or off duty) • Experienced representation at a reduced fee • Reduced fees for matters not covered by the PLEA legal plan • Free probate of officer’s estate for line-of-duty death • Free consultations to members on any matter • Referrals to attorneys or specialists for matters not handled by the firm

KATHRYN BAILLIE was born and reared in Phoenix, Arizona, completing her undergraduate degree at Arizona State University. She served as a J.A. for the Third Circuit Court and then worked as a public defender in the Commonwealth of Kentucky before joining the Law Office of Michael Napier,

2525 E. Arizona Biltmore Circle Suite 135 Phoenix, AZ 85016 (602) 248-9107 www.napierlawfirm.com

WWW.AZPLEA.COM

FALLEN HEROES

PHOENIX POLICE DEPARTMENT OFFICERS FALLEN IN THE LINE OF DUTY Officer Robert L. Polmanteer

Officer Donald Ralph Schultz

Officer David Christopher Uribe

Officer Daryl Michael Raetz

Sergeant David Martin Kieffer

EOW: Friday, May 4, 1984

EOW: Monday, May 10, 2004

EOW: Tuesday, May 10, 2005

EOW: Sunday, May 19, 2013

EOW: Wednesday, May 21, 1997

Motorcycle Officer Polmanteer was killed in a head-on collision. He had been a police officer for 15 years; five of which were with the PPD.

Twenty-year veteran Officer Schultz became trapped underwater while participating in a Dive Team search for evidence. He died later in the hospital after being removed from life support.

After calling in a license plate check and approaching a vehicle during a traffic stop, Officer Uribe was shot and killed by one of the car’s occupants. He had served with the agency for 22 years.

Officer Raetz was struck by a passing vehicle while conducting a DUI stop and died later of his injuries. The six-year PPD veteran had served two combat tours in Iraq as a Navy corpsman.

Sergeant Kieffer was rendered a quadriplegic after being hit by a drunk driver. He continued to work for and retired from the Department before dying from injuries sustained in the accident.

Officer Travis Paul Murphy

Officer Kenneth L. Collings

Officer Gilbert R. Chavez

Officer Patrick O. Briggs

EOW: Wednesday, May 26, 2010

EOW: Friday, May 27, 1988

EOW: Monday, June 16, 1975

EOW: Wednesday, June 20, 1990

Officer Murphy was shot and killed when he confronted a suspect who had fled the scene of an earlier “shots fired” call. He had served with the PPD for 4 1/2 years.

Officer Collings was shot and killed when confronting two robbery suspects while he was working off duty at a bank. He was an eight-year veteran of the PPD.

Officer Chavez was shot and critically wounded by a juvenile suspect during a burglary. He had been an officer just over a year.

Motorcycle Officer Briggs was killed while pursuing a speeding motorist. He had served on the Department for seven years and had recently been chosen to be a recruit training officer.

Phoenix Law Enforcement Association 1102 West Adams Street Phoenix, Arizona 85007

CHANGE SERVICE REQUESTED

NON-PROFIT ORG. U.S. POSTAGE PAID TUCSON AZ PERMIT #271

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