Phoenix City Council denies demand to fire police officers

The Phoenix City Council Wednesday quashed a citizen petition that would have required the city to fire the Phoenix police officers caught on camera cursing and pointing guns at a couple accused of shoplifting and their two young children.

The Rev. Jarrett Maupin, who is representing the family from the video, submitted the petition two weeks ago, demanding that the council direct the city manager to fire the officers from the video and discipline their supervisors. The city manager has hiring and firing power over all city employees.

The city’s charter requires that the council consider any petition submitted by residents within 15 days, so the council had to discuss it at Wednesday’s meeting.

But the city’s charter also expressly prohibits the mayor and council from directing the city manager to hire or fire any employee. Any council member who does so could be removed from office, according to a city staff report.

The council listened to a half-dozen speakers, including Maupin, who came to ask the council to direct the firing of the officers anyway.

After listening to the testimony, the council moved on with the council meeting without even taking a vote on the issue.

The video

The bystander video that has spurred international attention shows police officers pointing guns and yelling threats at Dravon Ames, his pregnant fiancee, Iesha Harper, and their two young daughters after the couple said their 4year-old daughter took a doll from a Family Dollar store.

Officers have disputed the narrative, citing a 16-page police report that contends the couple took other items from the store, including underwear.

Police said the adults were combative and refused to follow officers’ commands. At one point, officers reported, they thought Ames was reaching for a weapon.

City Manager Ed Zuercher and Police Chief Jeri Williams have the power to fire the officers involved, but they likely won’t decide on the matter until a timeintensive, legally-required process plays out.

The Phoenix Police Department’s Professional Standards Bureau is currently conducting an internal investigation — the first step of a long disciplinary process for officers.

The city’s charter, police union contracts and state law spell out a discipline procedure for government employees that provides employees with notice and the right to be heard, City Attorney Cris Meyer said.

Police officer discipline goes through an even more specific process than the one for civilian employees. It is outlined in the “Peace Officers Bill of Rights” in Arizona law, he said.

Meyer told the council Wednesday that if the city manager fires an employee without adherence to an employee’s due process rights, the employee can get their job back and sue the city for damages.

At a news conference before the meeting, Maupin questioned why officers have so many protections from termination. He also encouraged the council to fire the officers right away despite the legal consequences.

“Look, they’re being sued anyways,” he said, referring to a $10 million lawsuit he’s said Ames and Harper plan to file. “So it’s their choice. Do they want a wrongful termination lawsuit or do they want a civil-rights violation, assaulton-a-family, international-embarrassment kind of lawsuit?”

Couple wants officers prosecuted

The couple’s attorney, former Arizona Attorney General Tom Horne, announced Wednesday that the couple will support prosecution of the officers involved in the incident.

Ames and Harper themselves said the same thing Tuesday night following another council meeting.

Horne said a Phoenix police detective reached out to him about two weeks ago and asked if the couple wanted the officers to be prosecuted.

If the officers are prosecuted, it will be harder to sue the city for monetary damages, Horne said. The family plans to file a $10 million lawsuit against the city.

Ultimately, the couple decided to support prosecution “because the most important thing is that this never happen again,” Horne said.

The couple’s blessing does not guarantee that the officers will be prosecuted.

After a police shooting or in an excessive-force case, a police department will probe the case and will forward its findings to the Maricopa County Attorney’s Office. A panel of prosecutors will review the investigation and determine whether any charges should be filed against the officer.

Council approves reforms

During a six-hour meeting Tuesday night, the Phoenix City Council approved a handful of Police Department reforms and transparency tools.

The council voted to move forward with a new Police Department system that will use data to identify officers who are at risk of breaking protocol before they do so.

Variations of these systems, commonly called “early intervention systems,” have been used successfully by departments across the country.

The council also voted to hire a public opinion research firm to “solicit community input to help guide the creation of policies and strategies for the Police Department.”

According to city staff, the research will focus on “attitudes and opinions” about the department, which could help the department refine its community approach in certain geographic areas of the city.

The council discussed the possibility of a civilian review board but will come back in September to consider next steps on that.

Activists have been asking the city to implement a civilian review board, made up entirely of community members, that has the ability to subpoena the department, investigate officer wrongdoing and recommend discipline.