Arizona Legislative Glance

GOP bills would limit civilians on police review panels

PHOENIX — Legislation backed by law enforcement groups that would sharply limit the ability of civilians to sit on police review boards sailed through an Arizona Senate committee Thursday over opposition from minority Democrats who argued the proposals could undercut efforts to boost accountability.

One measure approved by Republicans on the Senate Judiciary Committee would limit the percentage of civilians on police investigation and discipline boards. The measure by Republican Rep. John Kavanaugh of Fountain Hills, HB2567, would require at least two-thirds of the members be sworn officers from the same department as the officer facing review.

Kavanaugh argued that boards overseeing other professions are normally dominated by members of that group and it makes sense that police review boards also contain trained professionals. He noted that Phoenix is considering stripping all police from its review board, which he called “ridiculous.”

“You take all the cops off these boards, you’re removing a lot of valuable knowledge and experience,” Kavanaugh said.

Civil rights advocates called Kavanaugh’s proposal a step back from the growing trend of having civilians oversee police discipline reviews to ensure public accountability.

“The purpose of civilian review boards is to increase public access to the complaint system, promote transparency, reduce conflicts of interests in internal investigations and discipline and promote public trust in the criminal legal system,” said Marilyn Rodriguez, a lobbyist testifying on behalf of the American Civil Liberties Union of Arizona. :”HB 2567 undermines each of those goals with a shortsighted attempt to protect police officer from desperately needed oversight.”

Another measure, HB2462 by Republican Rep. Kevin Payne of Peoria, would require members of civilian review boards to either attend a community college police academy or take 80 hours of state-certified police officer training.

“We think the requirements outlined in the bill are a bridge too far and will have a chilling effect on the public’s ability to participate on these boards,” said Roxanna Pitones, a lobbyist with the League of Arizona Cities and Towns.

Others noted that the training requirements would eliminate anyone with a felony conviction or who could not pass a physical test.

Joe Clure, executive director of the Arizona Police Association, said both measures were needed and the training bill would not exclude anyone.

“The notion that this bill blocks people is absolutely ludicrous,” Clure said. “It just simply trains people, educates people,” so they are better equipped to review officers’ actions.

Both measures have already passed the GOP-controlled House with only Republican support and now await votes in the full Senate, where GOP members control 16 of 30 seats.

Bill changed to limit releasing video from Arizona troopers

PHOENIX — Legislation to equip state troopers with body-worn cameras has been modified to prohibit the Arizona Department of Public Safety from releasing video unless it “involves a criminal act.”

The Senate Appropriations Committee on Tuesday unanimously advanced the amended bill to the Senate floor for a final vote, The Arizona Republic reported. It passed the House last month.

The measure would set aside $1.5 million from the state general fund each year from 2022 through 2026 to buy and equip troopers with cameras. DPS is the largest law enforcement agency in Arizona that does not use body cameras.

Senate Appropriations Committee chairman David Gowan said he added the amendment to protect people’s privacy, referring to it as a “civil liberties situation.”

Gowan, a Republican, assured lawmakers that video wouldn’t be deleted by DPS until cases were resolved and it would be made available to the courts.

Several lawmakers, however, expressed concern about the amendment limiting public transparency.

“I think there might be some folks who think that there are some civil matters that could be disputed or affirmed with the film being made available,” Democratic state Sen. Lela Alston said. “It may not be a criminal thing, but it could be a civil thing, and I think that’s important enough that we should not have this amendment.”

Democratic state Sen. Lisa Otondo said she was curious whether police thought the amendment was transparent. She noted that footage could go both ways in protecting officers and residents.

DPS has said it does not comment on pending legislation.

The bill’s primary sponsor, Republican state Rep. Kevin Payne, told The Arizona Republic that while he understands Gowan’s desire to “protect individual rights,” further discussion with other lawmakers and law enforcement is essential to move forward.