Public Safety and Veterans 200 W. Subcommittee Council Meeting Files/190313008.pdf · pigeons at...

Public Safety and Veterans

Subcommittee

Agenda *Meeting Location:

City Council Chambers 200 W. Jefferson St. Phoenix, AZ 85003

phoenix.gov9:00 AMWednesday, March 13, 2019

CALL TO ORDER

CALL TO THE PUBLIC

MINUTES OF MEETINGS

1 For Approval or Correction, the Minutes of the Public Safety and

Veterans Subcommittee Meeting on February 13, 2019.

INFORMATION ONLY (ITEMS 2-4)

2 Information on the Police Department's Patrol Police Assistant

Positions

This report provides the Public Safety and Veterans Subcommittee with

an update on the Patrol Police Assistant positions, which have been

operational for just over a year.

THIS ITEM IS FOR INFORMATION ONLY.

Responsible Department

This item is submitted by Assistant City Manager Milton Dohoney, Jr. and

the Police Department.

3 Partnership Between the Police Department and Franklin Police

City of Phoenix Printed on 3/7/2019

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**Revised March 11, 2019**Meeting Location

http://phoenix.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=12436

075357

Highlight

March 13, 2019Public Safety and Veterans

Subcommittee

Agenda

and Fire High School

This report provides the Public Safety and Veterans Subcommittee with

information regarding partnership efforts between the Police Department

and the Franklin Police and Fire High School.





4 Civilian Review Oversight

This report provides an overview of civilian/review oversight strategies in

major city police departments.

THIS ITEM IS FOR INFORMATION ONLY


This item is submitted by Milton Dohoney Jr. and the City Manager's

Office.

DISCUSSION AND POSSIBLE ACTION (ITEMS 5-6)

5 Request an Up-Front Fee for Police Public Records Requests

This report requests the Public Safety and Veterans Subcommittee

recommend City Council approval for the Phoenix Police Department to

implement a $5 up-front fee for all public records requests that are

received by the Police Department through the new web-based portal and


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Subcommittee

Agenda

in person at the public records facility.

THIS ITEM IS FOR DISCUSSION AND POSSIBLE ACTION.




6 General Police Towing Services

This report provides information to the Public Safety and Veterans

Subcommittee on possible options for General Police Towing Services.


CALL TO THE PUBLIC

FUTURE AGENDA ITEMS

ADJOURN

For further information or reasonable accommodations, please call Corey Williams, Management Assistant II, City Manager's Office at 602-261-8875. 7-1-1 Friendly.

Persons paid to lobby on behalf of persons or organizations other than themselves must register with the City Clerk prior to lobbying or within five business days thereafter, and must register annually to continue lobbying. If you have any questions about registration or whether or not you must register, please contact the City Clerk's Office at 602-262-6811.


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Subcommittee

Agenda

Members:

Councilman Michael Nowakowski, ChairCouncilwoman Felicita M. Mendoza

Vice Mayor Jim WaringMayor Thelda Williams


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Public Safety and Veterans Subcommittee

City Council Report

Agenda Date: 3/13/2019, Item No. 1

For Approval or Correction, the Minutes of the Public Safety and VeteransSubcommittee Meeting on February 13, 2019.

SummaryThis item transmits the minutes of the Public Safety and Veterans SubcommitteeMeeting on February 13, 2019.

The minutes are attached.

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Phoenix City Council Public Safety and Veterans Subcommittee

Summary Minutes Wednesday, February 13, 2019

City Council Subcommittee Room Phoenix City Hall, Assembly Rooms A, B, and C 200 West Washington Street Phoenix, Arizona

Subcommittee Members Present Subcommittee Members Absent Councilman Michael Nowakowski, Chair Mayor Thelda Williams Vice Mayor Jim Waring Councilwoman Felicita Mendoza

CALL TO ORDER Chairman Nowakowski called the Public Safety and Veterans Subcommittee meeting to order at 9:00 a.m. with Mayor Williams, Vice Mayor Waring and Councilwoman Mendoza present.

CALL TO PUBLIC None

MINUTES OF MEETINGS

1. For Approval or Correction, the Minutes of the Public Safety and VeteransSubcommittee Meeting on January 9, 2019Mayor Williams made a motion to approve the minutes of the Public Safety andVeterans Subcommittee meeting on Jan. 9, 2019 and Vice Mayor Waring seconded.The motion passed unanimously 4-0, with Councilmembers Williams, Waring,Nowakowski and Mendoza in favor.

CONSENT ACTION (ITEMS 2-4) Mayor Williams made a motion to approve consent items two through four and Vice Mayor seconded. The motion passed unanimously 4-0, with Councilmembers Williams, Waring, Nowakowski and Mendoza in favor.

2. 2019 Homeland Security Grant Program FundsMayor moved waring seconded unanimous

3. Authorization to Purchase a Mobile Gunshot Detection System for the PoliceDepartment

4. Authorization to Enter Into Intergovernmental Agreements with Arizona LawEnforcement Agencies Through the Internet Crimes Against Children Task Force

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DISCUSSION AND POSSIBLE ACTION (ITEMS 5-6)

5. Pigeon NuisanceNeighborhood Services Director Spencer Self along with Preservation Deputy DirectorBob Lozier presented to the Subcommittee about the pigeon nuisance affecting the City.

Mr. Self stated pigeons can be considered a nuisance and mentioned their bodily waste was acidic. He stated that in large numbers, they can be detrimental to the structural integrity of buildings. He gave different examples of ordinances dealing with pigeon nuisance in surrounding cities and explained the drawback of establishing a stricter ordinance pertaining to feeding pigeons within the City.

Mr. Lozier spoke to the Subcommittee about the City’s current animal ordinance. He stated the ordinance focused on keeping and maintaining animals within the residential properties. He stated the code currently does not have any language about feeding pigeons at large and spoke about the different options the Subcommittee can adopt to deal with the feeding of pigeons.

Mayor Williams stated she did not want residents to stop feeding wild birds, but the pigeon nuisance is out of hand and that it was a health concern. She requested staff to draft some language to address the feeding of pigeons.

Councilwoman Mendoza asked if staff will have an educational component to the changing of the ordinance. Mr. Self answered that staff will hold educational workshops to make the community aware of the new changes.

Chairman Nowakowski thanked Mayor Williams for her work in the protection and fair treatment of animals. He asked staff to draft the language and bring it to full Council for further discussion and action.

6. Update on Texting Ordinance and Information on State-Wide Legislative EffortsAssistant Police Chief Michael Kurtenbach and Government Relations ManagementAssistant II Yesenia Dhott presented to the Subcommittee on the current textingordinance.

Chief Kurtenbach stated the current code only banned written messages and mentioned it was a nonmoving civil traffic violation. He said between the years of 2008 to 2018 there were 189 documented violations.

Ms. Dhott stated there were 20 municipalities that have ordinances in place that deal with distracted driving. She said there were currently six proposals in the State level that will address distracted driving and explained each one in greater detail.

Mayor Williams asked if staff had a recommendation on what the City should follow. Ms. Dhott stated that as the bills are being passed, her recommendation was for the City to

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support the state wide ban of texting and driving while also including pieces of current City ordinance language.

Mayor Williams stated Senate Bill (SB) 1165 seemed to be all encompassing and recommended the item be moved to Council for full recommendation.

Chairman Nowakowski agreed with Mayor Williams’ recommendation and stated having a State statute would be beneficial rather than having multiple laws that vary by municipality. He asked if the proposed bill would allow officers to stop drivers who are seen using their phones. Chief Kurtenbach answered he was correct.

Councilwoman Mendoza asked if SB1165 addressed any class 2 misdemeanor violations. Ms. Dhott answered that the bill will address violations as a civil penalty and the fee would increase with each violation.

Councilwoman Mendoza asked if the bill addressed instances where a driver who is texting takes the life of another individual. Ms. Dhott answered it did not cover those instances.

Councilwoman Mendoza mentioned the proposed bill stated the device can be used at a complete stop and asked if that was also the case when an individual was stopped at a red light. Ms. Dhott answered she was correct.

Vice Mayor Waring asked how can staff determine whether an individual was texting while driving if that individual caused a major accident and seriously injured someone. Chief Kurtenbach stated that in that case, staff would go further into a criminal investigation to determine if the individual in questioning was texting and driving.

Councilwoman Mendoza asked how soon staff believes there will be a bill addressing the usage of electronics while operating a vehicle on the Governor’s desk. Ms. Dhott answered it was difficult to know exactly when a bill will make its way to the Governor’s desk, but she would guess the bill will appear at the end of March or beginning of April 2019.

Chairman Nowakowski asked Vice Mayor Waring if he knew how fast a bill can be passed. Vice Mayor Waring answered the bill may move forward quickly, but there was always a chance that it may be stopped at any time.

Councilwoman Mendoza asked if the bill passed, would the City make an effort to educate the residents on the new law. Ms. Dhott answered that there will be a wait period if the bill passed where the Department of Transportation would be required to put up signage that will notify drivers of the new law. She added that staff would collaborate to bring awareness to the new laws that were being passed.

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Chairman Nowakowski thanked staff for their work and stated his support for the new legislation regarding texting and driving. He stated it was a great idea that staff go and advocate for a state wide law that would ban texting and driving.

CALL TO THE PUBLIC None

FUTURE AGENDA ITEMS Assistant City Manager Milton Dohoney stated there will be a document in the packet regarding civilian review. He also stated there will be a towing update and items regarding the City’s relationship with Franklin school and an update on the results of hiring police assistants.

ADJOURN Chairman Nowakowski adjourned the meeting at 9:35 a.m.

Respectfully submitted,

Rogelio Espinoza Huerta Management Intern

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City Council Report


Information on the Police Department's Patrol Police Assistant Positions

This report provides the Public Safety and Veterans Subcommittee with an update onthe Patrol Police Assistant positions, which have been operational for just over a year.


SummaryBackgroundIn the FY 2017-18 budget, funding was authorized for 16 new police assistantpositions to augment the Department’s patrol function as an efficiency measure. Thepurpose of these positions was to relieve first responders from having to performadministrative tasks, so they could focus on higher priority calls for service.

At the start of the 2017-18 fiscal year, the Department began the open recruitment andhiring process, and by October 2018, 14 applicants had successfully completed thebackground process. The 14 new patrol police assistants attended a five-week trainingacademy where they learned how to perform a variety of tasks to include: conductingaccident investigations, writing departmental reports, conducting traffic control,processing crime scenes and operating the Department’s Records ManagementSystem. Once this training was completed, the new patrol police assistants wereassigned to patrol squads in each of the Department’s precincts where they completeda field training program. By January 2018, the patrol police assistants becameoperational.

Currently, the 14 patrol police assistants are equally distributed across theDepartment’s seven precincts. They are assigned to a second shift patrol squad,working from about 1:00 p.m. to 11:00 p.m. providing coverage during peak call times.

ResponsibilitiesThe patrol police assistants perform administrative tasks and respond to low prioritycalls for service (priority 3 calls), where no suspect is present, as well as those callsthat do not require a sworn officer. Examples of calls they respond to include, but arenot limited to:

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• Accident investigations• Traffic control• Thefts where the suspect is no longer present• Burglary/forgery reports• Evidence collection and processing for patrol and callback• Controlled substance screening• Loss reports• Abandoned property

The patrol police assistants do not respond to priority 1 or priority 2 calls for service(e.g. domestic violence, assaults, robberies, etc.) or perform other tasks that require asworn law enforcement officer.

QualificationsThe experience and training for the patrol police assistant positions currently requiretwo-years of public contact or customer assistance experience, however, othercombinations of experience and education that meet the minimum requirements maybe substituted. Candidates are also required to utilize City vehicles to perform theirduties. They must be physically capable of operating the vehicles safely, possess avalid driver’s license and have an acceptable driving record. Additionally, they mustmeet the appropriate polygraph and background standards required by the PoliceDepartment. Once hired, the candidates must successfully complete a five-weektraining program.

Results AttainedThe following summary collectively recaps the patrol police assistants' activity duringtheir first 13 months of service.

• Took disposition of nearly 14,000 calls for service and provided back up on anadditional 6,500 calls for service (without taking disposition) that relieved firstresponders from the call.• Authored nearly 4,500 reports (originals and supplements).• Completed more than 750 field interrogation reports.• Issued more than 1,100 citations.• Issued more than 600 parking citations.• Completed nearly 1,500 accident reports.

In their first year, the patrol police assistants have proven to be an invaluable resourceto the patrol function. With additional positions, the Department would be able toexpand assignments to more patrol squads on both first and second shifts. Such anexpansion would free up more first responders to handle higher priority calls and have

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the potential to reduce call response times.

Responsible DepartmentThis item is submitted by Assistant City Manager Milton Dohoney, Jr. and the PoliceDepartment.

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City Council Report


Partnership Between the Police Department and Franklin Police and Fire HighSchool

This report provides the Public Safety and Veterans Subcommittee with informationregarding partnership efforts between the Police Department and the Franklin Policeand Fire High School.


SummaryIn recent years, the Police Department has partnered with the Franklin Police and FireHigh School on the events detailed below.

Free Community EventFor the past four years, the Franklin Police and Fire High School has hosted a largeone-day community event on their campus during the month of September. This eventis open to the public and free to attend. There is food, live music and more than 40vendors/service providers that participate offering free services such as haircuts,immunizations, and other medical-related screenings. The Police Department hasparticipated in this event since its inception. Approximately 20 police officers are onsite to offer education on a variety of public safety issues to include: reportingprocesses, the U-Visa program, domestic violence, traffic stops, volunteeropportunities, police hiring standards, the cadet program and other public safety-related topics of interest to the community.

Camp FranklinCamp Franklin was established three years ago to introduce female youth between theages of 13 and 18 to careers available for women in public safety. The camp is heldover a four-day period (half days) on campus grounds once the school year ends. It isopen to 100 participants from across the City and there is no cost to the attendees.

Each participant learns the value of leadership and team building, as well as theimportance of physical fitness, higher education, and self-defense. Phoenix Citycouncil members and public safety executives are invited to speak to the attendees onthe first day of the camp. The goal is to develop within the participants the career

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possibilities in public safety for women, highlighting how Phoenix’s Police and Firedepartments are being managed by two women.

Each day at Camp Franklin begins with exercise followed by a series of classes,training sessions and workshops. From the police perspective, participants learn aboutpolice operations, such as conducting building searches and traffic stops. They arealso introduced to some of the various assignments and responsibilities within thePolice Department such as the K-9 teams, the Dive Team, Communications, the CrimeLab, the Special Assignments Unit and the Department’s Tactical Response Unit.Finally, they also learn about internet safety, gun safety and self-defense.

At the conclusion of the camp, a graduation ceremony is held at either the PhoenixPolice Academy or the Phoenix Fire Academy. Over the course of the four days,approximately 25 officers teach or assist with this event.


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City Council Report


Civilian Review Oversight

This report provides an overview of civilian/review oversight strategies in major citypolice departments.

THIS ITEM IS FOR INFORMATION ONLY

SummaryCivilian Review efforts trace back to the 1920s. Back then the focus was on simply“reviewing” actions of municipal police agencies. The early efforts were not consideredto be effective and in time they faded out. They were revived during the 1970s in thepost civil rights era. There are now more than 100 variations around the country.Citizen oversight, civilian review, and citizen review boards have often been used assynonymous terms. In this report, the term civilian review will be used. Regardless ofwhat it has been called, the intent has been to address one or more of the following:

· Increase transparency

· Build trust

· Increase police accountability

· Deter police misconduct

· Provide an accessible complaint process

· Provide an avenue for investigations that have independence from sworninvestigators

Just like the early efforts of the 1920s many of the entities formed during the 1970shave not been sustained. Thinking and practice has evolved over the years. Even nowthe idea of police oversight by civilians has no universal application. Jurisdictions thathave it have essentially tailored an approach that they believe fits their particularsituation. Of the 50 largest police departments about half have some form ofstructured independent civilian review. In Phoenix, civilian review occurs inparticipation alongside sworn members in use-of-force and discipline review boardsformed by the Police Chief. There is also a civilian Civil Service Board which has thefinal say on appeals of discipline by sworn and civilian employees in the city, including

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police officers.

Most oversight agencies were created by one of two methods as part of a negotiatedfederal consent decree or as a result of a “tipping point” incident. In Atlanta it was theshooting of a 92 year old woman. In Charlotte there was also a heavily scrutinizedshooting, and in Seattle it was a 2010 incident that lead to the Department of Justicecoming into the city. It is clear that initiating an oversight model in an emotionallycharged environment is more challenging than if done in a proactive deliberatemanner.

Many cities seek guidance from an organization called the National Association forCivilian Oversight of Law Enforcement (NACOLE). A non-profit that was established in1995. It is run by a board of directors comprised of people in the field of civilianoversight. They host an annual conference that moves around the country, and offerclasses in the current best practices of civilian oversight.

The NACOLE board is made up of people from the following cities:

Cambridge Detroit SeattleAustin Los Angeles AlbanyNew York New Orleans KnoxvilleOakland Denver

A review of NACOLE’S available information showed that Civilian Review can becharacterized in three main areas:

Review FocusedAuditor/MonitorInvestigations

Whichever path a city chooses to take is typically spelled out in an Ordinance. TheOrdinance not only makes clear what the Review entity will be, but also whether it willreport to a board,City Manager, Police Chief, or City Council. The Ordinance wouldalso allow for the creation of an office and staff if the model chosen requires that.

Review Focused

A Review Focused effort examines a predetermined set of issues. The individualreviewer or reviewing body relies on the Police Department’s original review, but takesan independent review of the results and issues independent conclusions. The issuecan range from customer service complaints to uses of force up to and including

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deadly force. Review structures are advisory in nature and the review may take theform of agreeing or disagreeing with the administrative resolution or recommendingmore training to be done within the department to reduce the likelihood of arecurrence. This can be the least costly and least staff-intensive model.

Cities that have some variation of the Review Focused oversight include: Indianapolis,San Diego, Albany, and St. Petersburg.

Auditor/Monitor

The Auditor/Monitor model focuses on review of data with an eye for any trends thatare spiking. Based on the data the staff make recommendations to the police chief, citymanager, review board, or city council. For example, if complaints of use of force weretrending, the trend would be publicly noted and corrective actions would berecommended. The authority level of the Auditor/Monitor would be spelled out in theOrdinance.

Cities that use this model include: New York, Los Angeles, New Orleans, Denver, andSan Jose. The cost of this model depends on the number of auditors assigned. Itshould be pointed out that the presence of an ongoing Monitor can come about as aresult of a negotiated settlement in a consent decree in federal court.

Investigations

An Investigations model focuses on a staff that conducts an investigation separatefrom the Police Department. At the time this information was gathered there were 19models like this in use, each with subpoena authority allowing them to compeltestimony from sworn personnel or civilians. In these communities a resident would nothave to complain to an Internal Affairs Office. They could go straight to theInvestigations Office to file their concern/complaint. After conducting a review of thecase, the Office has the authority to determine discipline if a cause finding is rendered.This is the most staff-intensive and costly model.

Cities that have this model include: Boise, San Francisco, Washington, D.C. andPittsburgh.

Examples in Practice

San Antonio

San Antonio has a Complaint and Review Board that is contained in their collective

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bargaining agreement with the police union. The Police Chief can recommend up to 14people to Mayor and Council. The current Board is comprised of seven sworn andseven civilians. This was initially negotiated into the labor contract back in the 90s.When it started out it was seven sworn and only one civilian, moving to the currentmakeup almost eight years ago.

The group meets every other week and hears internal affairs cases as a group. Theymake a recommendation to the Chief for founded or unfounded allegations. Officersdo not have to appear before the board but as trust is built up over time between thepolice and the community San Antonio reports that over 60% of their officers willvoluntarily go in front of the board.

Tucson

In Tucson they have the Office of Independent Police Auditor (IPA). It was created toaudit citizen complaint investigations that were originally processed through InternalAffairs. The standard it works to meet is to confirm if the investigation was complete,thorough, objective and fair.

In practical terms when a resident is not satisfied with the initial outcome of acomplaint they can request that the IPA office reviews it. The office may request thedepartment to do some additional work if they believe the investigation was notthorough enough. They do not process anonymous complaints. Complainants aresubsequently informed of the outcome. The Auditor is attached to the City Manager'sOffice.

Boise

The City of Boise City Council established the Office of the Community Ombudsman toinvestigate complaints of misconduct against police. In 2015 they changed the nameto Office of Police Oversight. It is independent from all other city departments andreports directly to the Mayor. In addition to investigating misconduct, the Office alsolooks at police policies and practices. Its authority is based in the City Code.

In addition to taking complaints, the Board also takes commendations for an officer.The Director of the Office has the authority to initiate an investigation/inquiryconcerning the operations, actions, or omissions of the department. They havesubpoena powers to compel employees to answer questions. The Director also hasthe authority to order the parties into mediation to resolve a dispute that does not riseto a level requiring extensive investigation.

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Charlotte

The City of Charlotte established the Citizens Review Board as amended in 2015 andgave them the following authority:

They can hold hearings to hear an appeal of a complaint on the disciplinary dispositionthat was decided by the chief of police.

They can upon appeal from an affected party review any instance when an officerdischarges a firearm that injures or kills a person.

They can have access to any case files that have been completed by internal affairsincluding the audio tapes of all interviews that were conducted.

The Board is comprised of 11 members, five appointed by the City Council, threeappointed by the Mayor, and three by the City Manager. The Board holds closedsession hearings within 45 days of receiving any appeal from the public. They canreceive sworn testimony from complainants. The Chief’s office has the right to crossexamine any witnesses.

The Board serves as an advisory body to the Chief of Police, the City Manager, andthe City Council.

Minneapolis

In Minneapolis they established the Police Conduct Oversight Commission in 2013.The Commission is comprised of seven residents who meet once a month. Four areappointed by the city council and three are appointed by the Mayor. They each serve aterm of two years. Each member must go through training in order to serve. Theircharge is to collect, review, and audit data and compile statistics on police officermisconduct. Their information is shared periodically with the Public SafetySubcommittee of City Council.

They also review Police Department policies and training procedures and makerecommendations for change. Additionally, the Commission implements a communityoutreach program and coordinates activities with the Minneapolis Commission on CivilRights.

The meetings of the Commission are open to the public unless private data is to bereviewed. In that case the law mandates that the meeting be closed. Up to three oftheir members also serve as liaisons to the Civil Rights Commission.

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Prince George's County

In Prince George's County they have a citizen Complaint Oversight Panel. Theircharge is to ensure that the report and recommendations of the investigating unit arereasonable and appropriate. They are also responsible for ensuring that theinvestigations of alleged excessive force, abusive language, and/or harassments arecomplete, thorough, and impartial.

They provide reports to the Chief Administrative Officer. They make an annual report tothe public along with recommendations for change to the Chief of Police. The Panelreviews all internal affair investigations and reported complaints. Complaints must befiled within 90 days of occurance.

Current Practices in Phoenix

Police Chief’s Citizen Advisory Boards

The Police Chief’s Citizen Advisory Boards represent a long-standing best practice incommunity-policing. The first boards were established in the mid-1980’s. Through theyears, additional Advisory Boards have been established. The three most recentAdvisory Boards were formed in 2015. The Advisory Boards were created to establisha working relationship between the Police Department and the communities served inPhoenix. There are currently 12 Citizen Advisory Boards that represent the followingcommunities: African American, Arab, Asian/Pacific Islander, Cross Disability, Faith-Based, Hispanic, Jewish, Lesbian/Gay/Bi-Sexual/Trans-Gender (LGBT), Muslim,Native American, Refugee and Sikh.

The Advisory Boards are comprised of community leaders. Each Advisory Board hasan assigned Chairperson and Co-Chairperson who maintain open lines ofcommunication with detectives assigned to the Police Department's CommunityResponse squad. The Advisory Board members communicate public safety mattersand concerns on behalf of their communities to the Police Department andcommunicate back the information provided by the Police Department regarding thesematters. The Phoenix Police Department promotes open lines of communication withthe Advisory Boards through quarterly meetings and by attending numerous eventsheld and promoted by the Advisory Boards throughout the year. The Department alsoemployees two civilian positions to work with the Boards, to build positive relationshipsthrough communications and education. In recent years, the Police Department’srecruitment team has attended the quarterly meetings of the Citizen Advisory Boardsto present information on the Department’s hiring efforts as a means to increase

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diversity within the organization. Additionally, it is routine for the Police Chief and/orother Department personnel to attend culturally diverse events supported by thedifferent Advisory Boards. The core values of the boards are to:

• Generate unity within the community and the Phoenix Police Department• Create a climate of trust between the community and the Phoenix Police

Department• Provide a forum where the Phoenix Police Department can listen aggressively to

community concerns and create solutions to social concerns and problems• Improve the quality of life to all members of the Phoenix community

Citizen Participation on the Police Department’s Disciplinary Review Board and Use ofForce Board

The Police Department has two review boards that are part of the organizations’disciplinary policy (Operations Order 3.18.8). The Disciplinary Review Board (DRB)reviews all disciplinary reports that have been reviewed by an assistant chief that maylead to a suspension, demotion or termination. However, unless directed by the Chief,the DRB will not review an investigation that requires termination for the purposes ofrecommending discipline. The DRB also reviews all use of force incidents found to beout of policy by the Department's Use of Force Board, and they makerecommendations to the Police Chief regarding the degree and severity of disciplinaryaction to be taken. Two of the seven member DRB are Phoenix residents. Havingcitizens serve on this board has been the Police Department’s standing policy formany years.Employees have the right to appeal to the City’s Civil Service Board when imposeddiscipline is a suspension, demotion or termination. The Civil Service Board iscomprised of five members who are residents appointed by the Phoenix City Counciland have the authority to uphold, modify or rescind the discipline.

The Department’s Use of Force Board (UFB) conducts a timely review into Policeemployee (and Fire arson investigator) involved shootings and other use of forceincidents. They examine all related support documentation surrounding theaforementioned types of incidents to determine if the incident was consistent withestablished Police/Fire Department policy. They examine all related policies andprocedures governing the administrative handling of employee (and Fire arsoninvestigator) involved shootings and other use of force incidents, and they areresponsible for making recommendations for change necessary for maintainingPolice/Fire Department policy accountability, control and integrity or training methods.Three of the six member UFB are community members. As with the DRB, havingcitizens serve on this board has been the Police Departments standing policy for manyyears.

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Responsible DepartmentThis item is submitted by Milton Dohoney Jr. and the City Manager's Office.

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City Council Report


Request an Up-Front Fee for Police Public Records Requests

This report requests the Public Safety and Veterans Subcommittee recommend CityCouncil approval for the Phoenix Police Department to implement a $5 up-front fee forall public records requests that are received by the Police Department through the newweb-based portal and in person at the public records facility.


SummaryIn 2016, the Police Department's Code Enforcement Unit participated in anAdvancePhx Kaizen project that developed solutions to improve customer service,including streamlining processes and implementing new technology. Under the newprocess, all Police public records can be requested in-person at the public recordsfacility or via a web-based portal that is tentatively scheduled to be operational in May2019. The web-based portal will be configured with forms designed specifically foreach type of records request and will include a shopping cart experience that willrequire and accept payment for each item requested at the time of submittal. Therequested $5 up-front fee is to initiate the processing of a request. However, thecurrent per-page fee of $0.24 cents will remain in place for all requested reports.Therefore, if a processed request does not exceed 21 pages, the customer will receivea refund. Additional fees for audio/video/photo/911 CDs and photographs will requirestaff to route an invoice to the requester via the web-based portal or to collect whenthese items are requested in person.

When public records are requested in person at the public records facility, the $5 up-front fee will apply except for the following:

1. A report that is readily available will be charged the per page fee.

2. A request that staff can immediately process will be charged the per pagefee.

3. A request submitted in person with a "view only" option will not be chargedunless a printed report is requested.

4. A request from a victim will result in the charge being waived.

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The City Auditor Department completed a Public Records Fee review to assist thePolice Department in determining a fair, up-front fee for Police public records that arerequested via the portal or in person. The City Auditor Department researched 14 otherlocal agencies and identified up-front fees averaging $6.42, with a median rate of $5.The cities of Chandler, Mesa, Scottsdale and Tempe all advertise a $5 up-front fee forpolice records based on a number of specified pages.

The benefits of a $5 up-front fee will be to improve customer service with quickerturnaround times, establish a more efficient submission, reduce the number of citizencomplaints, improve public record request specificity and a reduce the number ofunclaimed public records requests.


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City Council Report


General Police Towing Services

This report provides information to the Public Safety and Veterans Subcommittee onpossible options for General Police Towing Services.


BackgroundThe Phoenix Police Department (PPD) requires general towing services to help withcitizens involved in accidents, towing abandoned vehicles, vehicles left in theroadways, illegally parked vehicles, and other law enforcement impoundments. Towingservices are required within twenty minutes from the time police calls the provider.PPD also requires auctioning services when vehicles have been lawfully impoundedand determined to be abandoned by the Arizona Department of Transportation MotorVehicle Division.

The Vehicle Impound Detail within the PPD was established in 2006. The PPD collectsa $150 administrative fee for each vehicle towed under A.R.S. section 28-3511. Thesefunds are deposited into a special account, under A.R.S. section 28-3513, for the City’stowing program. A second source of funds is collected through a profit share equal to34 percent of the revenues resulting from auction sales of abandoned vehicles. Forfiscal year 2017-18, $1.2 million was collected from the administrative fee and $1.1million was collected from the auctions sales for a total of $2.3 million. The PPD’sVehicle Impound Detail is not supported by the City's General Fund, but solely throughthese funds. The Detail has 19 positions to monitor and audit the City’s GeneralServices Towing Contracts. Their job duties include ensuring scope of workcompliance, conducting financial and data audits, reconciling daily impound accounts,assisting front counter customers and performing impound lot inspections.

Current ContractThere are three separate contracts for Police General Towing Services (RFP 13-006).The City is divided into four zones, one vendor has two zones and the other twovendors each have one zone. The current fees to the person being towed for towingrange from $15.00 - $29.00 for a regular passenger sized vehicle. Attachment Ashows the current tow fees for each zone by vendor and the total cost to the citizen.

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In 2018, the Finance Department Procurement Division conducted a new solicitationprocess for General Police Towing (RFP 17-182), however the City Council voted tocancel the RFP and the subsequent awards. On Feb. 6, 2019, the City Councilextended the existing contracts to expire Dec. 31, 2019, see Attachment A.

Future OptionsThe Finance and Police Departments are gathering information on possible solicitingand contracting alternatives for providing towing services for the City. The goal is tohave contracts in place by Jan.1, 2020. Below are three possible options for Councilconsideration.

1) Invitation for Bid (IFB) based on qualifications and pricing for the fourzones. The market has been tested by procurement processes over the lastdecade, and the three current vendors appear to be the only qualified,responsive and responsible bidders capable of performing towing services forthis volume. The solicitation would include the following mandatory qualifications:three years’ experience during the past three years performing services similar insize and scope for public agencies; minimum specific equipment in inventory(tow trucks, heavy duty trucks, etc.); property storage facilities leased/ownedwithin the zone; verification from the Federal government of compliance withNational Motor Vehicle Title Information System (NMVTIS) for the past year; andresponse times will be built in as a performance requirement. The price per typeof tow, along with percentage of auction split, will be the determining factor for arecommendation for award. The market may not respond to a solicitation basedon the lowest price and there may be concerns about quality of service beingprovided.

2) Contract with a towing management company. Towing managementcompanies are contracted to dispatch tow companies and administer towingcontracts. The contracting for management of towing services is a new trend withcities across the country. Cities currently using this model are: San Antonio, SanDiego, Philadelphia, Denver, Las Vegas, Portland, Austin and San Francisco. Aprocurement would be issued to hire a tow company to manage towing servicefor the City of Phoenix. The tow management company must be capable ofperforming dispatching, recording, oversight, auditing and report generationregarding police initiated towing services performed by City qualified, andexperienced state licensed towing companies. They also must comply with allfederal regulations.

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The goals related to this option are to improve quality controls, customer service,develop and sustain the fastest and safest clearance of major roadway incidents,lessening the impact on emergency responders (i.e. transportation agencies, fire,rescue, police and emergency medical services) and the traveling public byincreasing the number of trained responders to ensure safety and quickclearance of the roadways. City staff identified two potential benefits for using atowing management company. The first benefit is the electronic towingapplication which could reduce tow truck wait time for officers. The secondbenefit is the on-line real time search option for towed vehicles. A possibledisadvantage of using a towing management company is there could be asubstantial increase in tow fees that would be passed directly to vehicle owners.

There is a range of service options under this model that can be implemented,ranging from the use of an online towed vehicle search portal, mobile applicationor complete third-party administration. The impact on the Police Departmentwould require further assessment. City staff would still need to perform contractmanagement tasks to manage the towing management company.

3) Long term extension (5-7 years) with current vendors with escalators toincrease fees. This option requires an exception to the Procurement Codeapproved by the City Council. The towing market has been tested byprocurement processes over the last decade and the three current vendorsappear to be the only qualified, responsive and responsible bidders capable ofperforming towing services for this towing volume. The Finance and Policedepartments will work with City Auditor to establish rates based on the industrymarket. Costs to the car owner will increase based on the escalators andincreases to fees, which will have to be approved by Council.

Other ConsiderationsRecently, there have been changes to State law due to the passage of House Bill2169, which became effective Jan. 1, 2019. One of the major changes resulting fromthis legislation modified the mandatory towing statute. Now, under A.R.S. section 28-3511, officers can no longer impound a vehicle when a subject’s drivers license issuspended. While this change has generated some public safety concerns, there arealso financial impacts.

It is estimated the PPD’s Vehicle Impound Detail currently processes approximately35,000 towed or impounded vehicles per year in accordance with mandates andrequirements in state statutes and local ordinances (e.g. illegal parking, abandonedvehicles, traffic accidents, recovered stolen vehicles, etc.). Of those, about 5,000

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impounds have been attributed to suspended license violations.

It is estimated there will be a reduction in revenue of $750,000 to $1 million dollars peryear for not impounding vehicles due to suspended license violations. To offset thisreduction, five administrative aide positions within the PPD’s Vehicle Impound Detailwill have to be eliminated. In addition, $400,000 to $650,000 in other revenue will beneeded to fund the remaining 14 positions in the Detail charged with processing theestimated 30,000 vehicle tows and impounds that will continue to occur annually.

Further, there are proposed legislative bills in the current session that may result infurther changes to the towing industry. The financial impact of the proposed legislationis unclear at this time, however, staff is monitoring and will incorporate impacts in thefuture contracts with the towing vendors.

The Finance and Police Departments will continue to evaluate the market and willbring back additional information on any of these options per Council direction.

Responsible DepartmentThis item is submitted by Assistant City Manager Milton Dohoney, Jr. and the Financeand Police departments.

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Attachment ACUSTOMER TOW YARD COSTS

ZONE DISCRIPTION VENDORLEVEL 1 TOW

1/1 DAY STORAGE

2/ADMIN FEE

3/TOTAL COST TO CITIZEN

ABlack Mountain and Cactus Park Precincts DV $18 $15 $150 $183

BDesert Horizon and Mountain View Precincts

ALL CITY NORTH $29 $15 $150 $194

CEstrella Mountain and Maryvale Precincts WESTERN $18 $15 $150 $183

DSouth Mountain and Central City Precincts

ALL CITY SOUTH $15 $15 $150 $180

1/ Level 1 Tow revenues are sources of revenue to the Vendor.2/ Day Storage fees are source of revenues to the Vendor.3/ Administrative Fee per A.R.S. 28-3511 is a source of revenues for City of Phoenix Police Department.

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