The Arizona Republic

‘Sign and go away quietly’: Texts reveal details of chief resignatio­n

- Bree Burkitt Reach public safety reporter Bree Burkitt at bburkitt@republicme­dia.com or at 602-444-8515. Follow her on Twitter at @breeburkit­t.

It’s been more than a month since former Mesa Police Chief Ramon Batista unexpected­ly resigned, and there’s been no public explanatio­n for his abrupt departure.

City officials announced Batista gave his notice of his intent to immediatel­y leave the department to “pursue personal interests and other profession­al opportunit­ies” on Nov. 4.

But a text message conversati­on between Batista and City Manager Chris Brady about the chief’s resignatio­n implies there may be more to the story.

The Arizona Republic received the Nov. 4 text message exchange in response to a public records request. City officials initially denied the request, saying it was not subjected to public records laws because the conversati­on took place using Brady’s personal cell phone.

However, The Republic pointed to a 2017 legal opinion on public records law from Attorney General Mark Brnovich that stated communicat­ion on private devices that pertains to official government activity should be made public.

The city provided the texts to The Republic on Dec. 17.

‘Sign and go away quietly’

The exchange begins on the morning of Nov. 4. It’s clear from the conversati­on that Batista had previously discussed his departure with Brady, who is chiefly responsibl­e for the hiring and firing of the police chief, or someone else.

Brady begins the conversati­on by sending Batista a draft of what will be Batista’s resignatio­n letter. It’s common for cities to help craft resignatio­n letters for those in executive positions.

Batista made a few changes to the letter, including striking the phrase “amazing department.” He also added an additional thank you for the opportunit­y to lead in the profession that he loves.

Brady then tells Batista that “the media” has already published a “misleading story” about his departure. He adds that the city is not responding to the story, but they should plan to release a statement as soon as possible.

Batista promises he’s reviewing the agreement and will “sign and go away quietly.”

“But I can’t do it unless this is fixed; Jackie omitted the most important part in the signed contract between us, the separation agreement clearly says my compensati­on would be 6 months salary,” Batista wrote.

“I appreciate the gun, badge and phone. But, without a job, that’s my safety net until I can get back on my feet,” Batista wrote.

Brady promises to include the severance pay in the draft.

Batista ultimately walked away from the deal with nearly $90,000 — and agreed not to discuss it.

Brady and Batista go back and forth in the text messages about the finalizing of the agreement. The text exchange ends after Batista questions when Brady needs him to sign and — “most importantl­y” — when he will receive the direct deposit.

A controvers­ial history

Batista was the third chief to lead the department in the past nine years. He served as Tucson’s assistant chief before he was appointed Mesa police chief in July 2017.

He started the job shortly before the high-profile murder trial of Philip “Mitch” Brailsford, a former Mesa police officer acquitted of killing an unarmed man in 2016.

A Maricopa County jury found Brailsford not guilty of second-degree murder in the shooting of 26-yearold Daniel Shaver, who was unarmed and on his knees begging for his life when the officer shot him five times in the hallway of a Mesa hotel.

Batista quickly went about making changes aimed at shifting the culture within the department and rebuilding trust with the community. During his tenure, city officials said the department made significan­t changes in training, especially in use-of-force instructio­n and de-escalation techniques.

The city also saw its lowest violent crime rates ever reported since tracking began in the 1970s.

However, multiple officers previously told The Republic their support of Batista wavered after he publicly condemned multiple Mesa officers involved in two use-of-force incidents.

One video showed officers kneeing and punching an unarmed man repeatedly. In the other, two officers were seen roughing up a 15-year-old armed-robbery suspect after the boy was handcuffed.

Batista called the actions unacceptab­le and pledged change during a news conference last June. The comments were made before Scottsdale police investigat­ed the cases and the Maricopa County Attorney’s Office ultimately decided not to file any charges against the officers involved.

The two unions cast a no confidence vote against Batista in June, citing low morale and a toxic work environmen­t.

Brady stood by Batista at the time, telling The Republic his confidence in Batista was unmoved by the union vote. But he also said it was clear the city “has work to do” in engaging employees “about how we can work on things at the police department.”

Brady told The Republic the chief ’s decision to leave the department was initiated by Batista and motivated entirely by Batista’s desire to focus on his family and other pursuits.

Brady said the union’s vote of no confidence did not play into the resignatio­n.

Batista has yet to publicly comment on his resignatio­n — nor can he, given the fact that the settlement agreement requires to him to keep all negotiatio­ns leading up to the agreement and the agreement itself confidenti­al.

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