Articles

By John Maxwell 

This year, we changed the name of the Police Officers’ Ball to the Police Officers’ Charity Gala. We are also proud to announce several accolades that came from this great event! First, this was the most successful gala fundraiser to date, generating over $65,000 in revenue! Second, the event was sold out one month in advance, which was the first time this had ever occurred. We offered discounted ticket pricing for PLEA members on both individual ticket sales and full tables of 10. I cannot thank everyone enough for their support of PLEA Charities and our mission to assist public safety personnel — and to assist in giving back to our community.

On October 7, 300 guests attended the “all-black attire” event at a new venue, Events on Jackson. The staff at Events on Jackson were very welcoming and gave us the opportunity to utilize most of their facility without saying no. 

One of the challenges we expected in preparation for this year’s gala was parking since it is located in the heart of downtown Phoenix. Luckily, everything fell into place just beforehand, and the parking lot was open for us to use, with no sports games being played at home. The planning for this event took place nearly a year ago, and it is not an easy task. The committee had to ask for in-kind donations to be used for the auction and secure necessary sponsors. 

We added some new things to the normal program schedule, which included “cocktail hour and a half,” which allowed guests to mingle while grabbing a drink with the two provided drink tickets, eat hors d’oeuvres and most importantly, take photos to commemorate the night. 

Silent auction bidding was done on paper bid sheets this year during cocktail hour, as well as mystery box purchases. The bourbon and bubbly wall also received a facelift with a custom-made static display. PLEA Charities had secured a special event liquor license, and all the bar service needs were donated by local distributors and vendors. The bars were fully stocked by the awesome people at Breakthru Beverage Group. Four Peaks Brewing Company graciously donated kegs of beer to be served to our guests. We wanted to improve the after-dinner live entertainment, which was the Crown Kings Band. They were so thankful to play for a police charity and wanted to show their appreciation to the men and women in blue. I received many compliments from attendees who really enjoyed the band because they took requests for songs while dancing and playing at the casino gaming tables. 

The Phoenix Police Museum police car was onsite in the parking lot for guest photographs. Erik Larson donated his time to take professional pictures, which are free to all guests. Each guest also received a special gift of either a tie clip or stackable bracelet at registration with an engraved Police Officers’ Charity Gala logo. These gifts can be worn at future gala events. 

Just after checking in at registration, guests were greeted by a fully built custom step-and-repeat wall for selfies and professional photographs. Our master of ceremonies was Mike Broomhead, who did an amazing job, as usual, captivating the audience and keeping them entertained. Gilded Gatherings, a professional catering company, was a new vendor that provided elegant appetizers, a full dinner meal and beautiful desserts.  The return of Tommy Thompson as our incredible auctioneer helped raise money during the live auction, which had multiple firearms and an exclusive trip to Hendrick Motorsports Complex. There were some fun bidding wars that happened during the live auction, with one of them ending with a significant bid increase to secure the win. 

Once again, guests were able to cash in every $100 of casino gaming chips for tickets to put into a raffle for two different prizes. I announced those winners during a livestream on the PLEA Charities Facebook page. The prizes were a custom wood blue line flag and a family portrait session in California, including a one-night hotel stay. 

Every year, we strive to improve the experience of the guests who come to support PLEA Charities, and we are already planning for next year!

I must give a special thank-you to the Gala Committee members who volunteered their time, money and effort to make this event so beautiful and memorable:

• Claudia Abril
• Hillary Hancock
• Ashley Kidd
• Kalie Lindmark
• John Maxwell
• Haili McCance
• Dani Pomeroy
• Amber Ruiz
• Haley Schuster
• Whitney Stevenson

All proceeds from the Police Officers’ Charity Gala support PLEA Charities’ mission of helping police and caring for the community through programs including the Back to School Drive, the Phoenix Police Cadet Scholarship and Shop With a Cop.

By Darrell Kriplean, PLEA President

It used to be that when critical incidents occurred, the practice of the Department was to roll two MAC vans to the scene. One was for the investigators, who would invariably be on scene for 10 or more hours conducting a thorough investigation. The other was used by the involved officers to meet with their attorney, union representative and EAU, make necessary calls to loved ones and generally try to decompress from the adrenaline and stress of the incident that had just occurred.

It usually takes several hours for the involved officer(s) to be interviewed by the criminal detectives and all the processes that go with that investigation, only to be followed up by the administrative investigations. That, too, can take several hours.

Several years ago, the Department made the decision to utilize the second MAC van for the Professional Standards Bureau investigators. This meant that the officers involved were relegated to a marked police car with a sergeant somewhere within the scene. This environment does not help the officer(s) with their heightened stress and emotions. Usually, the police radio is still on and broadcasting information regarding the incident. In addition, the media can generally tell where the involved officers are and, in some instances, have been able to get video of them as they process what happened. Anyone who has done the job knows that gallows humor sometimes occurs, and that can be misconstrued by an enterprising reporter looking for a juicy tale to tell. For years, the Department told us they were trying to get an alternative vehicle out to these scenes.

In 2020–21, a company provided the Department, without cost, the use of a Class A RV for the officers to wait in. After a year, the Department was asked to pay for the utilization of the RV, to which they declined. It was back to police cars for the officers.

Late last year, PLEA Secretary John Maxwell and I decided we were done waiting for the Department to solve this issue and created a sponsorship booklet for PLEA Charities. The premise was to raise money for the purchase of our own response van, which would allow the officers to get out of the police cars while they waited for hours. We felt it was a better option for their mental well-being.

We made calls to very specific organizations that we felt would be interested in helping our members. Our first pitch was to Haley Shuster from Blue Line AZ Homes and Amber Ruiz from The Ruiz Team (Prime Lending). They both supported our vision, and they immediately committed resources to help us. Several weeks later, after leaving my contact information with someone at the Tempe offices of QuikTrip, I received an email from one of their executives from the Tulsa headquarters, who wanted to sit down with us regarding our mission. We pitched our idea to them, and they seemed very interested. We parted ways, and the wait began.

A month or so later, John and I received an email from QuikTrip, advising us that they were on board, too, and wanted to donate at the top sponsorship level and then some. We were completely flabbergasted! With QuikTrip, Blue Line AZ Homes and The Ruiz Team (Prime Lending), we had reached the point where we could make a purchase.

We were able to take delivery of our new PLEA Charities response van a few months ago and have it wrapped. This was all done with donated funds from our partners. The next phase to outfitting this van is to have the interior modified with more comfortable seating, along with an auxiliary A/C and heat, so we don’t have to idle the van for eight to 10 hours, depending on the scene. This will create an environment conducive to decompression, overall mental well-being and privacy. You will also see the van at every PLEA Charities event, promoting our mission to promote the positive image of law enforcement and to support all of you when you need it most.

If you would like to assist us with that or know someone who might be interested in sponsoring the van outfitting with a tax-deductible contribution, please call us here at the PLEA office at (602) 246-7869 or email me at dkriplean@azplea.com.

By Eric R. Wilson
Attorney at Law, Napier, Baillie, Wilson, Bacon & Tallone, P.C.

Almost everyone in Phoenix has seen the video and/or images of the August 22, 2017, protest and the response measures employed by the Phoenix P.D.’s Tactical Response Unit (TRU), whereby a protester who kicked a gas grenade at a group of officers was shot in the groin by TRU grenadier Officer Turiano with a 40mm impact round. The groin shot went viral and was the catalyst for several legal actions to follow that required our firm to protect PLEA and members’ rights. 

The Federal Lawsuit 

In the September/October 2022 Phoenix Law Enforcer article titled “Breaking Down the Fourth Amendment’s Role in Administrative Investigations” (pages 18–20), PLEA attorney Cassidy Bacon highlighted our firm’s prevailing efforts to protect Officer Turiano’s Fourth Amendment constitutional rights against the Department’s unlawful search of his imaged personal cell phone data and retaliation for declining to consent to that search. The U.S. District Court of Arizona issued a preliminary injunction, preventing the Department from pursuing any administrative, investigative or disciplinary proceedings against Officer Turiano based on his refusal to consent to the search of his stored personal cell phone data. 

Following the Court’s decision, PSB finalized its challenge coin investigation and found no evidence that either Officer Turiano or Officer White had engaged in any misconduct related to the challenge coin. It is noteworthy that at the time the NOI was served, PSB had already concluded that Officer Turiano had not engaged in workplace misconduct related to the coin. There was no evidence that he was in any way involved in the creation or dissemination of the challenge coin. Simply put, Officer Turiano was just the one who fired the shot.

Unfair Labor Practice

Recall that the City hired a third-party law firm, Ballard Spahr, to conduct an administrative investigation into the challenge coin (and similar memorabilia) that commemorated both the protest and Officer Turiano’s groin shot. It is noteworthy that Ballard Spahr was hired to investigate potential misconduct by Unit 4 employees, who are defined under the Phoenix Meet-and-Confer Ordinance as police officers (and detectives) below the rank of sergeant. 

This was the first time in the history of the Department that the City hired an outside entity to conduct investigations of Department personnel misconduct. The investigatory process led by the outside entity lacked any meaningful communication regarding the procedure, especially in light of PLEA members’ due process and investigative rights under the MOU and the Police Officers Bill of Rights. Imagine the questions and concerns you would have if an unknown attorney contacted you and tried to question you about anything. It would be disconcerting to anyone in that position. 

On March 24, 2021, Officers Turiano and White received letters from Ballard Spahr’s attorneys asking for consent to search personal cell phone data that had been imaged during discovery in the protest lawsuit. Both officers rightfully declined to grant consent. On April 1, 2021, Officers White and Turiano were informed that Ballard Spahr had requested that they answer written questions as part of its investigation. On April 2, 2021, Officers White and Turiano, through counsel, declined to participate because they did not believe the investigation comported with their rights under the MOU.

On April 27, 2021, Officers Turiano and White were informed by their supervisors that their duties were being restricted and that they were no longer able to work as grenadiers for TRU. They were also each provided a notice of investigation (NOI) compelling their involvement in the investigation pursuant to the MOU.  

PLEA filed an unfair labor practice (ULP) charge with the Phoenix Employment Relations Board (PERB) based on the information below.

The MOUs between PLEA and the City of Phoenix contained the negotiated provisions regarding wages, hours and working conditions of Unit 4 employees. Specifically, the rights of unit members involved in disciplinary investigations are governed and provided by the MOU, and the parties have agreed that “investigations alleging serious misconduct and/or issues of veracity will be investigated by the Professional Standards Bureau (PSB).” 

“The provisions contained in the 1988-90 and subsequent memoranda of understanding are mandatory subjects of bargaining” (2019–2021 MOU Section 1-4. G. 6. Pursuant to Phoenix City Code § 2-215 [A]). PLEA alleged that investigations of Unit 4 employees are mandatory subjects of bargaining that must be negotiated by the City and PLEA. 

By compelling Unit 4 employees, specifically charging parties Turiano and White, to participate in an investigation by a third-party law firm, Ballard Spahr, the City unilaterally imposed a new investigation protocol for Unit 4 employees without bargaining with PLEA regarding a mandatory subject of bargaining. PLEA alleged that this constitutes “[r]efusing to meet and confer with an authorized representative of the employees” in violation of Phoenix City Code § 2-220(A)(5) and also interference with employee rights in violation of Phoenix City Code § 2-220(A)(1).

Additionally, PLEA alleged violations of Section 2-220 of the Phoenix City Code, which prohibits the City from “interference with employee rights under th[e] ordinance” and “retaliation against employees for invoking their rights under th[e] ordinance.” Rights under the ordinance necessarily include the rights afforded to employees by the MOU. Therefore, the ordinance protects an employee’s exercise or assertion of rights under the MOU. Ballard Spahr requested that charging parties White and Turiano answer written questions as part of its challenge coin investigation. The officers declined to do so because they did not believe the investigation comported with the MOU and advised Ballard Spahr that they would willingly participate in any investigation that did comport with the MOU. Shortly thereafter, the City served the officers with NOIs and restricted them from performing a significant portion of their job duties, which led to missed overtime opportunities. It was clear that the City was trying to send these officers a message. 

PERB’s Order

On August 15, 2023, after a full hearing, multiple rounds of briefing and multiple oral arguments, PERB issued its final order. PERB did not agree with PLEA that the City was required to meet and confer with PLEA before hiring Ballard Spahr to conduct the challenge coin investigation. However, PERB found that the City did retaliate against Officers Turiano and White after invoking their rights under the ordinance. Accordingly, PERB ordered the City to cease and desist from any further retaliation against Turiano and White. You can find the PERB order on the PLEA bulletin boards at your nearest precinct or Phoenix P.D. facility.

Note: This article should not be construed as legal advice. If a PLEA member finds themselves in a situation in which the Department is seeking to search their personal items or taking action that they believe violates your rights under the MOU, Meet-and-Confer Ordinance, Constitution or any other law, please reach out to PLEA or our office to discuss.

At the time of this writing, we have had 22 officers involved in shootings, an increase from last year at this same time. Being a police officer in this country, your chances of becoming a criminal defendant while performing your official duties seem to be ever increasing. As a PLEA member, if you find yourself involved in an on-duty incident where a criminal investigation is being conducted and you are potentially a “suspect” in that case, you have access to the most qualified and experienced defense attorneys in the state through the PORAC Legal Defense Fund.

The Peace Officers Research Association of California (PORAC) was incorporated in 1953 as a professional federation of local, state and federal law enforcement agencies. It is run by and for peace officers. PORAC represents over 80,000 public safety officers and over 950 associations throughout California. This makes it the largest statewide law enforcement association in the country. 

You have access to the most qualified and experienced defense attorneys in the state through the PORAC Legal Defense Fund.

Founded in 1974, the PORAC Legal Defense Fund (LDF) is the nation’s oldest, largest and most respected public safety legal plan, serving more than 143,000 members nationwide. PORAC LDF’s benefits have no coverage caps. Currently, the net assets for member benefits and legal defense are over $56 million. PORAC LDF offers members a single convenient phone number (888-556-5631) to call for 24/7 legal help in all 50 states and four U.S. territories, so no matter where they go, they have access to PORAC legal defense coverage.

PLEA has been a part of PORAC LDF for more than 30 years. PLEA currently has eight highly qualified LDF attorneys, each with decades of experience. Most have very successful criminal defense practices, while a few have served or are still serving as judges, either full time or pro tem. Not just anyone is able to be a PORAC LDF attorney. There is a rigorous process of vetting by both PLEA and the PORAC LDF Board.

Consider this for a moment: You have just been involved in an officer-involved shooting. You know your actions are justified, but until the county attorney gathers and examines all of the facts and determines that the shooting of another human being was justified, you are a suspect in a homicide. This is why we demand that only the best criminal defense attorneys represent our members in these incidents. 

There have been a couple of high-profile cases where PORAC LDF attorneys have successfully defended local police officers. One was former Chandler Police Officer Dan Lovelace and the other was former Mesa Police Officer Mitch Brailsford. The cost for each of their defenses was close to or exceeded $1,000,000. Both had full trials where expert witnesses were called in to testify for the defense. Every dollar of that defense was covered by PORAC LDF and not the officer on trial.

Every year, I attend the PORAC LDF Conference. And every year, there are examples from around the country where officers doing their jobs fall victim to chiefs or prosecuting agencies that cave to political pressures. It is astonishing to hear details of these cases and realize that could be any one of us on any given day. One split-second decision can upend an officer’s life and that of their family for years, all to prove the split-second decisions they made were reasonable and justified under the circumstances. In every example, attorneys throughout the country sing the praises of PORAC LDF and talk about how they were allowed to hire the best expert witnesses money can buy and how PORAC has never balked at a request. In many of these cases, those witnesses were critically important to the officer’s acquittal.

Without question, PORAC LDF is second to none when it comes to legal defense coverage. We hope never to have to utilize their superior legal services, but we are sure thankful to have them should we ever need to. 

PLEA’s current list of PORAC attorneys is as follows: Jess Lorona, Alan Kuffner, Bob Kavanaugh, Robert Jarvis, Ryan McPhie, Patrick Gann, Michael Napier and Kathryn Baillie. You would be hard-pressed to find a list of more accomplished attorneys whose sole responsibility is to represent our members. I would encourage you to do your research on each of them and compare their experience and resumes to any other attorney who purports to represent police officers.

If you have any questions about PORAC LDF or our attorneys, you can contact me here at the PLEA office or by email at dkriplean@azplea.com.

What Do Police Officer Defense Attorneys Do?

A police officer defense attorney is a very specialized type of lawyer who represents law enforcement personnel when they are accused of crime. Your membership with PLEA provides you the benefits of the PORAC Legal Defense Fund, which provides prepaid access to an attorney who is available to you any time of the day or night and is willing to respond to incidents such as officer-involved shootings, which often occur in the middle of the night; in-custody deaths; and other on-duty related incidents.

Officer-involved shootings are often traumatic and stressful for the officer. Having a police officer defense attorney respond to the scene alongside you to protect your rights is so important. A police officer defense attorney will be present with you at the scene of the shooting to discuss the shooting and your role. This is done alone, to maintain attorney–client privilege before you ever provide a statement to homicide detectives or investigators. The same is true for in-custody deaths or other allegations that are criminal in nature. A police officer defense attorney will come to the scene regardless of the time of day or night to assist you. 

Also, there may be times when you are involved in an on-duty incident that exposes you to criminal liability. If you are accused of a crime while on duty, you will need the best possible defense lawyer to help you throughout the investigation, including trial, and to clear your name — a police officer defense attorney who knows the ins and outs of the criminal justice system and will be able to mount a strong defense against the allegations, who is experienced in representing police officers and can also assist you if you are charged with a crime outside the normal course and scope of your employment, such as a DUI or a domestic-violence-related offense. Only those attorneys who have a demonstrated track record in successfully defending and assisting police officers become a part of the Legal Defense Fund panel for PORAC. 

My name is Jess A. Lorona, and I am a Legal Defense Fund attorney. I have represented police officers in over 30 officer-involved shootings. I have assisted numerous police officers when they have been investigated by the Special Investigation Division of the City of Phoenix Police Department. I will be with you during those interviews conducted by SID, regardless of the nature of the complaint, and provide my full legal advice. I have successfully represented officers who have been charged with on-duty and off-duty crimes. I have represented officers through complex trial hearings with successful verdicts. There is also the administrative side related to criminal investigations. I have attended Loudermill hearings to speak for officers who still have a pending criminal matter, because those statements are not Garrity protected.

I have been practicing law for 38 years. My practice areas include criminal defense of felonies and misdemeanors, including DUI defense. I have been working with PLEA as an LDF panel attorney for over seven years, and you can rely on me to be there when you need it most. If you are involved in a critical incident, immediately contact the PLEA representative on call by contacting the radio supervisor. If you’re ever in need of assistance, please feel free to contact me at (602) 385-6818 or email jess@loronamead.com.

My name is Alan Kuffner. I am a partner at the law firm of Bustamante & Kuffner PC. My law partner, Manny Bustamante, and I have been in private practice for 23 years together. I grew up in New York and moved to Arizona in order to attend law school at Arizona State University. I began my legal career as a clerk for a federal judge and then worked as a deputy county attorney at the Maricopa County Attorney’s Office. I am currently the Avondale city prosecutor and the El Mirage city prosecutor. I am also a criminal defense attorney for the PORAC Legal Defense Fund. I have completed numerous jury trials, both as a prosecutor and as a defense attorney, so I am very confident and well-versed with the judicial system. I am also an outside instructor with the Maricopa County Sheriff’s Office, teaching annual training courses on the Fourth and 14th Amendments along with bias-free policing. I am an adjunct law professor teaching courses in criminal procedure, business law, ethics and contracts.

It has been an absolute pleasure working as a panel defense attorney for the Phoenix Law Enforcement Association in conjunction with PORAC’s Legal Defense Fund. The most enjoyable part of my legal career has been getting to know and working with law enforcement officers. As a panel defense attorney, I will usually meet with officers late at night or on the weekends after a critical incident regarding the use of force or an in-custody significant injury or death. I provide advice and guidance prior to an officer deciding whether to participate by providing a statement or complete interview with detectives concerning their involvement in the incident. It is important to have these confidential discussions prior to making that decision. I provide advice and perspective on how to convey certain information in the interview and walkthrough, both of which I am present for. During the interview and walkthrough, I will also ask follow-up and clarifying questions to ensure that the incident is properly documented from the perspective of the officer. The initial interview is extremely important, as all critical incidents will be reviewed by the Maricopa County Attorney’s Office and can lead to potential criminal charges and civil liability. The PLEA panel attorneys appointed to represent officers regarding any criminal liability work very closely with the PLEA representatives on the administrative side to ensure both aspects of any issue are handled in the light most favorable to the officer.

If you have any questions or need to reach me, call (602) 402-7952 or email alan@bklawaz.com. Thank you and be safe. PLEA

For the ninth consecutive year, PLEA Charities and Phoenix Police Officer Sean Reavie teamed up with Target store manager Jennifer Trevor to empower abused children through the Superhero Shopping Spree. Superheroes from Reavie’s Put on the Cape Foundation shopped alongside supervisors, detectives and civilian staff from the Chandler and Scottsdale Family Advocacy Centers to purchase much-needed supplies for their victim children.

“This was one of the biggest events we’ve had,” Reavie says. “Nearly $7,000 was spent from money donated by PLEA Charities.”

Customers in the store, surprised by the colorfully costumed team of superheroes, donated money, bought items and asked for photos with their favorite characters. Smiling children (and adults) posed with Batman, Captain America, Spider-Punk, Wolverine, Nightwing, Spider-Gwen and many others. Twelve shopping carts overflowed with items from each center’s wish lists, stuffed full by the superheroes and detectives.

“It was amazing to see,” Reavie says. “This is real impact. Each item was taken back to the Chandler and Scottsdale centers to give to those who need it the most.”

The Superhero Shopping Spree, the brainchild of Reavie, was first made possible by PLEA Charities and Trevor in 2015. A detective in the Crimes Against Children Unit, Reavie had introduced superhero mythology to a 9-year-old victim, completely changing his emotions from sad to happy. Now trusting him, the child told Reavie who abused him, leading to an arrest. That moment led to the first Superhero September event on September 1, 2015. During that event, then-PLEA Secretary Frank Marino and President Ken Crane donated $500 to Reavie’s cause. Seeing the event on television, Target store manager Trevor contacted Reavie, donating a $250 Target gift card.

Combining the two amounts, Reavie took Captain America and Black Widow to Trevor’s store for the very first Superhero Shopping Spree.

“Without PLEA Charities donating that money, I had no plans to have another event that year,” Reavie says. “Now, we have four shopping sprees a year, donating tens of thousands of dollars to help centers care for their child victims.”

For Chandler FAC director Katie Cain, the event is a lifesaver.

“We literally had one basket of items left,” Cain says. “We cannot thank Sean with Put on the Cape and PLEA Charities enough for the work they do to care for our victims.”

PLEA Charities was the first sponsor for what turned into a national charitable foundation and led to Reavie receiving local, state, national and international recognition for his philanthropy. Inducted into “Who’s Who in America” in 2022, Reavie received a Lifetime Achievement Award in child advocacy this year.

“I’ve been fortunate,” Reavie says. “Fortunate to have PLEA Charities believe in my mission from the beginning.” He added that PLEA Charities opened the door for companies such as Allstate, Paychex, Lerner and Rowe, Waste Management, UPS, the Arizona Diamondbacks and the Arizona Cardinals to support his foundation.

With events Valley-wide, Put on the Cape promotes 5K runs, golf tournaments, car shows and the legacy Superhero Shopping Sprees, donating nearly $500,000 to help abused children in their recovery. 

“I can’t thank Darrell, John, Santos, Yvette and many others from PLEA Charities enough for supplying the foundation for me to build my mission,” Reavie says. “It’s been a fantastic partnership.”