Phoenix City Manager Ed Zuercher released the results of two independent investigations conducted by Ballard Spahr LLP, involving the Phoenix Police Department.
The investigations provided an in-depth, extensive review on behalf of the City Manager’s Office into two high-profile cases – criminal street gang charges filed against a group of protestors in downtown Phoenix and the challenge coin tied to 2017 protests:
Gang Charges
While the investigation makes it clear Chief Jeri Williams was not made aware of the decision to charge the protestors as a gang, other members of her executive staff were made aware. As a result, the Chief is making changes to her executive team, removing three assistant chiefs from their roles in her office and reassigning them as commanders. A police sergeant at the center of the report has been placed on administrative leave pending criminal and administrative investigations. The City Manager also disciplined the Chief with a one-day suspension in accordance with city policy.
The City Manager is also requesting the Arizona Attorney General’s Office conduct a criminal and administrative investigation into other employees involved in this case. Disciplinary action will be determined based on the results of that investigation.
Chief Williams also outlined additional policies and procedures that will be put in place in response to the findings of this investigation, such as drafting new policies or strengthening those related to gang charging protocols, protection of First Amendment rights of protestors, oversight of the relationship between police and prosecutors, and elevating decision-making on important police and community issues to the Chief without the option to delegate that assignment.
This investigation focused on the October 17, 2020 arrest of 15 people who were later indicted by a Grand Jury for assisting with a criminal street gang. The Ballard Spahr investigation found the decision to charge the protestors as a gang was made collaboratively between some personnel at the Phoenix Police Department and the Maricopa County Attorney’s Office. It also found those involved “consciously avoided” including the Gang Enforcement Unit (GEU) in an attempt to “sideline those deemed likely to object to charging the protestors as members of a criminal street gang.”
Challenge Coin
The challenge coin case relates to memorabilia circulated among Phoenix Police officers depicting a man being shot in the groin with a pepper ball during an August 2017 protest of then-President Trump’s visit to Phoenix.
The coin also had the phrase “Making America Great Again One Nut at A Time” which the investigation found officers knowingly associated with President Trump’s political campaign. However, there is no evidence that any officers knew of the hate speech ties to the coin’s second phrase, “Good Night Left Nut.”
While the investigation could not determine the creator of the image since it appeared in multiple social media locations the day after the protest, and no city funds were used to purchase the coins, investigators did find that some challenge coins were exchanged or purchased while on city property and on city time. It also found supervisors gave the coin as gifts to subordinates.
In response to the challenge coin investigation, the City Manager has issued a written reprimand for Chief Williams for lapses in executive leadership.
Zuercher also instructed Williams to write new policies or strengthen existing policies related to hate speech, disparaging images or statements about residents, political speech while on duty, and the creation and distribution of commemorative items.
Legally, police officers cannot be disciplined based on the results of this outside investigation. Rather, the City Manager’s Office and Human Resources Department are completing their own internal investigation of this incident which will lead to appropriate employee discipline.
The Chief has been directed to work on a plan of action related to both investigations and report back to the City Manager within 30 days.