Articles

By Mike Napier
Attorney, Napier Coury & Baillie P.C.

Recently, an emerging sentiment has been to label police unions as the abettor and accomplice of bad officers, nothing more and nothing less. As the protest lines took shape, the police — all in uniform and, shoulder to shoulder, a seemingly militaristic machine — stood in one line and civilian protestors in another, facing them. It is too easy to perceive every officer in the police line as the same and as the collective enemy. This is the fate of those who sign on to protect the community. And, by extension, because the officers’ union provides representation to those officers, so too may the union be perceived. But this perception fails to consider even a cursory understanding of the past or present of the Phoenix Law Enforcement Association.

It was late in the year of 1975 when PLEA was formed. PLEA was not part of any national group but simply a small group of officers who felt a need for an organization that would help officers achieve better wages and working conditions. The mission was clear, but how to achieve that mission was filled with choices. None of the officers had experience in union leadership. Still, based on a sense of right and wrong, those decisions were made. One such decision was how and when officers would receive legal assistance for discipline that would result from misconduct. At the time, other police unions operated on the premise that every officer, no matter the conduct, would receive the assistance of an attorney. This, then, #10361 became one of the earliest choices made by PLEA: whether to defend every officer in every circumstance. The choice that was made reveals the core values of the men and women of PLEA. PLEA decided then that not every officer would be represented. In other words, never has PLEA, by providing legal representation, impliedly condoned conduct that shows, by its nature, that an officer should be in a different occupation. To the contrary, to those who believe that PLEA nurtures a culture that seeks to keep officers committing bad acts on the force, know this: PLEA will, when it is the right thing to do, refuse to provide legal representation and, instead, encourage the officer to resign. And PLEA has done just that in numerous cases over the years.

In making that choice, PLEA distinguished itself from other police unions. More importantly, PLEA recognized that the police profession was not for everyone, but only for those who could withstand the unique daily challenges and rigors of the job. Policing is a profession and PLEA, in 1975, made clear its intention to keep its officers in the profession of the highest caliber.

Those beliefs that created PLEA’s policy of protecting the profession as well as individual officers continues today. The members of PLEA understand and accept that. If anyone engages in misconduct and is disciplined, PLEA’s grievance committee examines the misconduct and determines whether representation should be afforded. And, just as in the early years, not everyone is given the legal assistance to appeal the discipline. If an officer’s due process rights were not violated during the investigation, if the discipline meets the just cause standard set forth in state law and if the discipline is fair under the circumstances, then PLEA will not provide legal assistance in an appeal. In so doing, PLEA’s core values have remained the same. PLEA has never been, and is not now, an influence that perpetuates the misconduct of police; rather, PLEA is an influence that perpetuates the best qualities of the police professional.

Over time, other decisions were also made that molded the character of PLEA. PLEA has invested in and encouraged officer training, making officers better at their jobs. PLEA created charitable nonprofits to aid officer families in need and to extend a positive reach into all corners of the community by organizing and supporting other community causes. Yes, PLEA has become a factor in our community, but not wielding the kind of negative influence depicted recently by detractors. Instead, PLEA, its trustees and members have sought to bring police and the community together by supporting community causes, common causes and the professionalism of policing. Neither PLEA nor its officers want to participate in a formidable line of authority at a protest. They do not want to be perceived as a mindless military force, and they do not want to be judged on the misconduct of a few. They do want to be recognized for embracing those values that formed PLEA and guide it now. PLEA, for its members, seeks only to improve policing and touch the community in positive ways. That is, and always has been, PLEA’s mission.

As a police association, we are charged with representing our membership. Everyone knows that we will accompany you to PSB for a misconduct investigation, show up at critical incidents to assist the officers, and negotiate with the City regarding pay and benefits. What a lot of members don’t realize is that representation extends into the political arena.

To represent our membership politically, we must have a fund set aside — called a Political Action Committee (PAC) fund. The money that a member pays in monthly dues cannot be used for the PAC fund. Conversely, monies designated for PAC cannot be used for any other purpose. The money in the PAC fund comes from individual officers having additional dollars deducted from their paychecks, knowing full well where it is going to be spent.

Public safety should be a top priority for our legislators. We need to find like-minded individuals and help them to be successful.

Now, some people believe police associations have no business in the political arena. I respectfully disagree. Police associations, ours included, need to align with candidates who are friendly to law enforcement at the federal, state and local levels. Doing so increases our chances of getting legislation passed that benefits the entire law enforcement community. For example, at the state level, it took a lot of “politicking” to get the peace officers bill of rights enacted. If you have never reviewed your rights prescribed by state law, peruse A.R.S. § 38-1101 through 38-1115. This was not achieved because people wanted you to have more rights. It was a challenge on many levels, and ultimately, law-enforcement-friendly politicians saw the benefits for us and we were able to succeed in passing this important legislation.

Being politically active at the local level is, perhaps, even more important for our association. Look at the current City Council makeup. Some City Council members love the police, so long as it comes at half the pay rate and little to no pension. If that were the case, can you imagine the quality of police officers we would have? Additionally, some City Council members would rather defund the police department in a way that would prevent hiring enough officers to ensure #9931 public safety and trust within the community and provide a level of service to our citizens that is second to none. Currently, the majority of the council does not support you as a police officer or recognize the good work you all do on a daily basis. They paint us all with the same broad brush that they demand us not to use when interacting with the community. It is a sad time we find ourselves in. Politicians with that mindset are better suited for something other than public service and, as an association, we make a point not to support those candidates.

I am not proclaiming that the association should be running the City Council or State Legislature, or that only candidates who offer us unwavering support should be elected. What I am saying is that public safety should be a top priority for our legislators and city government. We, as an association, need to find those like-minded individuals, assist them in their political endeavors and help them to be successful. Ultimately, this will be beneficial to us. Through the Arizona Police Association, we work with a lobbyist group that is helping us advance pro-police bills at the state level. In addition, we often heed their advice on candidates they have identified (state and local) who are pro-law-enforcement and help support their campaigns. With additional resources, we can be more of a partner to these individuals.

Being politically involved is more important than ever considering the climate surrounding law enforcement. I encourage all members to earmark at least $10 per month toward PAC. On a side note, retirees can also contribute to PAC if they so desire. This will assist the effort to get the right people in the right seats to help the law enforcement cause. Contact the PLEA office at (602) 246-7869 to find out how to start your PAC contribution.

As always, if you have any questions, call me here at the PLEA office or email me at dkriplean@azplea.com.

This has certainly been an interesting year. The COVID-19 pandemic hit us in March, shutting down the entire country, and in late May, as things in Arizona were starting to open up, the now-infamous video of George Floyd’s arrest went viral and civil unrest broke out in major cities throughout the country, including Phoenix. While I agree the video looks horrible, I will reserve judgment because I do not have all the facts and I will let due process run its course.

There are many ways calls for service can be reduced without taking money out of police budgets. However, other programs must continue.

The latest mantra to come from the progressive left is “defund the police,” which can be taken in different contexts: reduce public safety budgets, shift police funding to other community programs or, the most radical, completely eliminate police departments. After being part of the law enforcement profession for over 29 years, I can actually buy in to some of these ideas, and I know firsthand the City of Phoenix has been a pioneer in reducing public safety budgets.

• After 2008’s Great Recession, the City of Phoenix didn’t hire police officers for over six years.
• During that time, the City deferred paying pension debt.
• All City employees took voluntary wage and benefit cuts to “help out” the city and community so no employees were laid off and parks, pools, libraries and senior centers didn’t have to close.
• For police officers:
• From 2010 to 2012, there was a 1% wage cut and 16 mandatory furlough hours.
• From 2012 to 2014, the 1% wage concession was restored.
• From 2014 to 2016, uniform allowance was reduced by 50% and there were 12 unpaid holiday hours in the first year of the contract. In the second year of the contract, concessions continued and additional unpaid holidays were added for a total of 32 unpaid holiday hours.
• Full concessions were finally restored in 2018, and in 2019 topped-out officers received their first raise in 12 years.
• The Phoenix Police Department has yet to hit the City Manager’s 2018 goal of having 3,125 total sworn officers, 263 fewer than in 2008 when the city had a smaller population and geographical footprint.

There are many ways calls for service can be reduced without taking money out of police budgets. However, other programs must continue, as they foster positive police–community interaction and influence those willing to participate.

Community members are recommending there should be more mental health services, and I would strongly agree. Mental health is not a police matter, and instead of relying on police officers who have been Crisis Intervention Trained to respond, it should be done by mental health professionals. Then if things escalate to the point of serious injury or bodily harm, that might be the time for police intervention. Arizona Revised Statute 36-525 tasks peace officers with apprehension and transportation of people who are court-ordered to be brought into a facility for mental health evaluations. PLEA, through the Arizona Police Association, has tried to have this legislation changed, but the mental health industry’s lobby has been able to convince legislators that this is a police function, and we are still saddled with the task. I believe it is a huge liability, despite the increased use of CIT teams in “soft” uniforms. Mental health pickups have turned into officer-involved shootings after the subject of the call became violent and attacked the officers, leaving them with no response option other than lethal force. These cases have resulted in lawsuits costing taxpayers millions of dollars for doing something that should have been left to medical personnel. Police vehicle prisoner compartments are designed to restrain and contain people, including violent felons, who have been taken into custody for transport to a police facility or jail, and they are not conducive to transporting individuals in mental distress. Ambulances and medical transport vans are specifically designed for this task, and ambulances are manned by trained EMTs who can immediately address any medical condition that may arise during transport. If a patient dies while a police officer is transporting them, the officer becomes the subject of an in-custody death investigation, where, again, an agency can be sued.

Homelessness is a complex social issue; however, the effects of homelessness often become police matters, specifically when they involve criminal acts. Most #9657 street cops who regularly deal with the homeless will tell you many of them suffer from mental illness and substance abuse. For some of them, it is purely a lifestyle choice — they would rather live on the street than be in a structured program designed to help them, because they don’t like following rules. 

Minor traffic collisions involving only property damage should not be a police matter. However, because the automobile insurance industry in Arizona has powerful lobbyists, police officers are essentially acting as insurance adjusters. The Arizona Police Association had to fight tooth and nail to get the damage threshold raised to $1,000 from $500 to differentiate between reportable and non-reportable trafficway collisions. As an example, something as simple as paint transfer between two vehicles making contact, where there is no structural damage, can cost thousands of dollars to repair. Absent aggravating factors like serious injuries or impaired driving, as more insurance companies offer apps allowing customers to take photos of the involved parties’ information and damage, then submit a claim, there is no need to have the police involved in what is essentially a civil matter.

Community outreach and youth programs have bridged the gap between police and residents in neighborhoods all over the city, particularly in low-income and high-crime neighborhoods. For those of us who became cops in the 1990s, community-based policing was literally pounded into our heads in the academy, and during field training it was all about beat accountability. Unfortunately, in Phoenix, beat accountability is largely a concept of the past, thanks to the constant reallocation of manpower. We simply don’t have enough patrol resources for a city of our size and have to be continually reactive instead of being proactive. We also don’t have sufficient investigative resources to follow up on the cases generated by patrol officers. There was a time when cops knew the people in their beat and had a finger on the pulse of what was going on. That includes residents, business owners and even the bad guys. If something particular happened or there was a crime trend, most of the time, the beat cop knew who or what was responsible due to positive relationships garnered while working a specific squad or beat area. In turn, they shared that information with squadmates, other patrol squads who covered the same area,
NET teams and detectives. Now, the beat cop is nothing but a call sign, a pinball bouncing from call to call with little time for community interaction and no ability to focus on problem locations to identify the causes of and find ways to reduce crime and calls for service.

The current Phoenix Police Cadet program invites the youth of the community to learn about police careers. It evolved from the Explorer Scout program, a 42-year-old program proven to be a successful recruiting tool for highly qualified recruits. Over the years, it has trained, mentored and coached interested young adults for those positions. A study done in 2001–2002 showed 14% of Explorers from Post 2906 became Phoenix police officers. Current 2019–2020 statistics are as follows:

• Nine have entered the military.
• Eight have secured employment with the Phoenix Police Department.
• Gender participation is 60% female and 40% male.
• The 2019 ethnic breakdown was as follows:
• 63% Hispanic
• 32% Caucasian
• 3% African American
• 1% Asian and Pacific Islander
• 1% Multi-ethnicity

Statistics from a decade ago show the program was 70% minority (Hispanic) and 34% female, and some of those young adults came from families who were less than supportive of their decision to consider a law enforcement career. In 2010, when the City trimmed the police department budget, it was one of the first programs to go, despite the positive outcome of the program and the thousands of hours in community service provided by the participants. PLEA recognized the value of the program and held fundraiser cookouts. PLEA Charities also started a scholarship program for participants who were going on to secondary education, which is still helping eligible cadets. In addition, the Phoenix Police Department Athletic Club helped out by donating proceeds from the Phoenix Combat Classic shooting competition.

Lately, we have seen increased pressure by community activists to eliminate police officers from school campuses. Post-Sandy Hook, you couldn’t find enough police officers to put in schools, and for the most part, the School Resource Officer program has been effective, not only in educating students but when officers are allowed to do their jobs and take action when crimes have occurred. However, we continually see negative press where SROs have been directed to do the dirty work district administrators and principals refuse to, yet the schools are quick to file complaints against their assigned SRO. Eliminating small problems before they become larger ones is one way these programs are effective. Students form positive relationships with the SRO, in turn earning mutual respect and learning how to be a productive member of society who is willing to follow the rules and effect positive change on their own.

In order to have a professional police department, you must recruit the best-qualified candidates for the position and provide them with a competitive wage and benefits package. Then, you must provide them with the best equipment, technology and training that is available and continually update all of it. This specifically applies to training, and that training should be hands-on for perishable skills like driving, defensive/arrest tactics and firearms. The downside to having a police department like this is that it costs money — money that politicians aren’t willing to spend and that community activists want to take away.

We have all been watching and impacted by the movement that has swept across the nation and into our city. Phoenix has been a hotspot for this movement for some time, and we have mentioned this to our membership for the past two years. As you can see, there is a very well-financed and organized movement that is directly affecting our profession. The truth does not matter. Facts do not matter. This movement wants to diminish police departments and their ability to protect the community and give the money to social programs. If you have been watching the trends across the country and within our own city, you’ve seen that these groups want police officers charged with crimes without due process and without the completion of an investigation.

This is troublesome, and our City Council is not our friend; there is a push from three councilmembers to reduce police funding, which would drastically reduce our officers’ safety and our ability to protect the community we want to protect. What is happening within our city is the result of what a small group of people can accomplish in a rather short period of time. A couple of hundred people are making the council come after a police department that serves 1.7 million residents. Members of this group are not all Phoenix residents, and they have made that clear when making public comments at council meetings. Now is the time for you and your spouse, family and friends to step up and get involved in your future and the future of effective policing in our city!

Now is the time to step up and get involved in the future of effective policing in our city!

I just found out the other day that support for the police is down across this country, and not just from the groups you would expect, but also from the Republicans who have traditionally supported police. Their support is down by 26%, which is huge! No longer can you be apathetic about your future in policing in Phoenix. You need to get involved, and that means getting involved with PLEA! PLEA is your only voice at the City Council, the State Legislature and our nation’s capital. I can say that because Phoenix is the fifth-largest city in the country, and PLEA is the largest police labor association in Arizona and has been around for 45 years. That brings relationships and investment in our community. The Council and the State Legislature are mindful of PLEA’s concerns and positions on issues. 

Why is that? It’s because we are the only ones who matter to them. They know how successful we have been in protecting the rights of our members for the past 45 years. The City recognizes that we are the ones who get things done; there is no other police labor group in this city that matches the accomplishments of PLEA. PLEA is the one out front speaking for Phoenix police officers when the mayor and City Council members look to harm your profession, you and your family.

PLEA has built relationships in the community, has developed partnerships and is constantly creating strategies to secure a future for our profession. If you didn’t see us around at certain times, rest assured we were working diligently and putting in long hours to help make sure the budget got passed with your raise and December bonus intact, and it did pass! We might not have been seen handing out cold hamburgers and trying to divide the membership, but we were filing grievances and researching your rights. Those who were handing out the cold food refuse to pay you what you deserve per the contract/MOU. Those who gave you a burrito are the ones who will be issuing you an NOI and denying you pay, as if this little bit of food will suffice over pay. Just remember, the overtime made during the civil unrest incident that started at the end of May is because of the rights PLEA negotiated for you in the MOU — no one else, just PLEA. Don’t be bamboozled by false promises from a small group that has no experience and is piggybacking on a phone plan PLEA was the first to secure.

You get your dues’ worth with PLEA. When you are involved in a critical incident or a criminal matter, PLEA has the best and most experienced criminal defense attorneys for you, enough attorneys to handle any conflicts that may arise. One serves as a judge at times and others have handled capital crimes cases. They are not pretenders; they are the real deal. With PLEA, you also get the absolute most experienced team of police labor attorneys in the state #7736 (no others are even close). This is the team that created the Officer Bill of Rights that is codified in state law. PLEA’s reputation was essential in getting that passed into law; no other group in this city did this, just us.

PLEA is the association law enforcement in this state looks to for solutions and guidance through these challenging times. We have the experience and training to help come up with solutions. The community wants to meet with PLEA, and we will meet with them, because we are looked to by all for solutions. Not the other groups, just PLEA. PLEA is the certified bargaining unit that represents rank-and-file police officers of the fifth-largest city in the United States. We have the experience, dedication and strategies to meet with the community and lawmakers to help find a solution for the current and future issues that arise. 

In the future, PLEA is going to be asking for you, your family and your friends to help. Maybe it’s a call to action or walk — who knows, but when we ask, you had best be ready! This is the future of policing for you, your family, your community and your department. Be ready, because you are needed. Don’t ask what PLEA can do for you; ask what you can do to help PLEA help you!

The men and women of the Phoenix Police Department leave their homes and families each day to serve our community. For us, this job is not about recognition but protecting the community we call home. The past few weeks have been challenging for our community as we grapple with social injustice and racial prejudice. PLEA strongly opposes discrimination of any kind. Our officers uphold and enforce the law regardless of gender, race, socioeconomic status or sexual orientation.

Time and time again, we have seen the men and women of the Phoenix Police Department manage and respond to a public crisis with grace and professionalism. This current challenge is no different, as they continue to provide safety and security for our entire community, including those who are seeking to disparage and eliminate police departments.

While some are calling to ‘defund police,’ the reality is that the Department is woefully underfunded and officers are underpaid.

Unfortunately, there has been a lot of misinformation spread about our police officers in recent weeks that needs to be corrected and addressed. First and foremost, our police officers are incredibly hardworking people who put their lives on the line each day for people they do not know. It takes a special type of person to be able to put service before self.

We believe in transparency and accountability. No one is above the law, period. If anyone, whether they are wearing the uniform or not, breaks the law, they should be held accountable. There are currently rigorous standards and procedures in place for officer misconduct. Our work is consistently and constantly scrutinized, and we believe this is important in order to increase the professional quality of our police force.

While some are calling to “defund police,” the reality is that the Phoenix Police Department is woefully underfunded and officers are underpaid. There were no wage increases from 2012 to 2019 as a result of the Great Recession, and we are still 450 officers short of our maximum staffing level in 2008, which was 3,385 officers. Bottom line: Our Phoenix police officers having been doing more with less as the population of the Phoenix metro area continues to skyrocket. Transparency and accountability require funding, body cameras require funding, crisis response teams require funding and ensuring rapid response times to emergency calls requires funding.

We are also on the brink of another crisis — officer retirement. Over 800 officers can retire immediately and another 465 can retire by 2024. That is more than 1,200 officers who are eligible to retire within the next four years. We need the resources to recruit, train and retain quality officers to keep every corner of the city of Phoenix safe.

One point that has been lost in the divisive rhetoric against police officers is how involved we are with our local community. Through PLEA Charities, we are focused on enhancing the quality of life in our communities by helping police officers in need, as well as assisting organizations and individuals within our communities. Since its inception, PLEA Charities has disbursed approximately $2.5 million to various causes such as fallen officer family support, at-risk youth programs, back-to-school drives, scholarships and Silent Witness rewards. PLEA Charities provides individuals and organizations with a charitable venue to meet the needs of rank-and-file police officers and their families. We allow for compassionate contributions to be invested back into communities, organizations, families and individuals that law enforcement protects and serves.

Our mission as an organization is to promote the positive role of the police profession, which we do each day by protecting the rights of law enforcement while also focusing on transparency, accountability and community engagement. We believe with more officers, resources and support, we can modernize the police force and expand our community outreach initiatives to meet the diverse needs of our community.

I think most people have heard the saying, “Failing to prepare is preparing to fail.” I first heard the saying when I was in the Marine Corps, and it rang true for several situations, but not all.

Criticism, unlike toilet paper and hand sanitizer, is currently abundant in our country. Some of the criticism toward the handling of the COVID-19 pandemic may be just and some may not, but let’s take a look at our situation in Phoenix.

The preparedness of our Department directly affects the safety of our community.

I know it is extremely difficult to prepare for everything, but public safety should at the very least have the basics. When things got serious for us, what did we lack? N95 masks and hand sanitizer. Items normally taken for granted have suddenly become a hot commodity. Every patrol precinct had a deficit of these items and no one was on the same page as far as future supply was concerned. One assistant chief would say we had plenty, while another would say we had to order more. City Human Resources said we had everything we needed. This was not true, at least when this started. Regardless, police were still expected to perform normal functions in abnormal times, with or without personal protective equipment (PPE).

Conversations with other labor organizations in our city revealed they too were ill-equipped. So much so that some were willing to pay ridiculous prices for items that our employer should be providing when expecting their employees to work in dangerous conditions.

The example of the masks and sanitizer is only one picture in need of improvement should something like this occur in the future.

If we are required to serve our community in times of crisis, we should be equipped with all the tools to keep us safe while doing so. Police are exempt from ordered public safety precautions, which is expected. But, like other first responders, we too have families and loved ones who should not be subject to exposure because our employer was ill-equipped to provide both material and information key to our safety.

What lessons were learned? PPE stock should be first on the list for police supply and should reflect accurate employee numbers for an extended period of time. PLEA may also be able to solve some of the problems in future contracts.

The preparedness of our Department directly affects the safety of our community, and I hope our City Council recognizes that.

Please stay safe and healthy.