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The Arizona Police Association (APA) is a state labor group made up of more than 12,000 officers and over 50 police agencies. One of its primary purposes is to protect the interests of Arizona law enforcement, corrections, detention and probation officers in the legislative process on the local, state and national levels. 

The Arizona State Legislature began its 56th session on January 10, 2022. So far, 1,512 bills have been introduced. Here are some of the proposed law-enforcement-related bills that are being monitored by the APA and its lobbying firm, Willetta Partners.

Bills Supported by the APA

HB 2159: Law enforcement officers; polygraph; examinations: This is our 38-1100 Officer Bill of Rights legislation, and it has four main components:

1. 38-1104 and 38-1108: Eliminates the use of polygraphs in administrative investigations. Although most agencies rarely use them now due to their unreliability, this bill will eliminate their use statewide.
2. 38-1106: Affirmatively allows the hearing officer in an administrative appeal to consider as a mitigating factor any violation of 38-1100 in the determination of discipline.
3. 38-1110: In the event of multiple officers involved in the same investigation, if it is determined that any individual officer has not committed any wrongdoing, that officer must be provided a notice of findings and exited out of the investigation as it proceeds. The officer would still be under advisement not to speak about the investigation.
4. 38-1112: Adds psychological examinations to fitness-for-duty exams. The current law is silent on psychological exams. This provision provides the same protections and procedures for psychological exams as it does for physical exams. It also now requires the agency to provide the officer with a copy of the medical report within five days of the department receiving it.

HB 2248: Failure to return vehicle; repeal: This bill would repeal ARS 13-1813, stolen vehicle-security interest. This law essentially makes the police the repo men for used car dealers and auto loan companies. 

HB 2319: Law enforcement activity; recording prohibition: This bill would make it illegal to record an officer without permission within 15 feet of law enforcement activity.

HB 2341: Appropriations; corrections officers; salary increase: This bill seeks to increase the pay of Arizona corrections officers.

HB 2342: Appropriations; DPS; salary increase: This bill seeks to increase the pay of Arizona state troopers.

HB 2343: Interfering with a crime scene investigation; classification: This bill would classify disobeying a peace officer’s verbal order to remain off the premises of a possible crime scene as a Class 1 misdemeanor.

HB 2349: Peace officer standards board; membership: This bill would change the requirement so that one of the two officer representatives will no longer have to be a deputy (a deputy can still serve as one of the officers). Both officers must still be non-supervisors.

HB 2354: Tuition; family; post-traumatic stress; suicide: This bill would provide free college tuition at any state university for the surviving dependents of police, firefighters and veterans who suffer from duty-related PTSI and subsequently commit suicide.

HB 2589: DOC officers; personnel system; covered: Several years ago, sworn Arizona Department of Corrections supervisors lost their employment protections and became “at-will” employees. This bill attempts to reinstate those employment protections.

SB 1268: PSPRS; deferred retirement option plan: This bill would extend the current DROP plan from five to seven years. It would likely have a different rate of return from the original DROP plan. This is to encourage and incentivize officers to stay longer to help address the current staffing crisis. The bill would also create a task force to address possible plan improvements to tiers 2 and 3 to assist in recruitment and retention of officers. (Note: This bill is currently being drafted through the stakeholder process.)

Bills Opposed by the APA

HB 2222: Independent corrections oversight committee: This bill would create a very heavyweight inmate advocacy oversight board.

HB 2309: Detained juveniles; advisements; notifications: This bill would require the arresting officer to immediately advise an arrest juvenile of their rights and to notify the parents of the juvenile arrest within 90 minutes. 

HB 2358: Sexual assault; survivors rights: This bill has some issues of concern as to implementation and operational impact, as well as investigative and prosecution compromise, such as providing an unredacted copy of the investigation at any time the victim asks for it. 

HB 2518: Peace officers; liability; unlawful acts: This bill would eliminate qualified immunity.

HB 2688: Prisoner searches; requirements: This bill would place safety and operational challenges on DOC officers’ ability to conduct inmate searches. 

SB 1166: Public employers: public monies: contracts: union activities: standing: state preemption: definitions: This bill would eliminate public employer union contracts and union activities, including being able to lobby or advocate for a political candidate.

For further information and updates on these and other current bills, please check the Arizona Legislature’s bill status inquiry page at apps.azleg.gov/BillStatus/BillOverview, or visit the APA website at azpolice.org.

Happy new year! I’m sure many of you are looking forward to a new year and the possibility of making it better than last year. A new year brings an opportunity to make some changes and set goals for improvement.

Undoubtedly, there will be changes within our City and Department that we will have to deal with. While some situations remain unknown, we do know that the Office of Accountability and Transparency will begin staffing in January. How the office will operate remains to be seen, but it will have some sort of new impact within our Department.

The Department of Justice investigation could conclude this year, and depending on the outcome, could bring about changes for us.

It is because of your hard work and dedication that PLEA has garnered community relationships and new partnerships.

In my opinion, the largest potential change we may experience is a shift in the structure of the Phoenix Police Department. As our personnel numbers continue to drop, organizational changes will be made. Some of us have been through this before, but never with the rapidly declining number of police versus the massive development and population growth of Phoenix. Hopefully, the City will respond to ideas for hiring and retention to do something to help, but that’s just hope, so we will continue to press.

2021 continued to bring challenges to our membership, and 2022 will be no different. As demanding as this career can be, most are “rolling with the punches even though the hits keep coming.” It is so easy to focus on the negative that we forget about the positive. Try not to let the negativity fuel you. It is because of your hard work and dedication that PLEA has garnered community relationships and new partnerships. Our community wants to be involved with their police department. People recognize the sometimes unfair media portrayal of our ranks and the lack of support from some in city leadership. The majority of the Phoenix community stands with its police department and #10654 understands our plight. These community and political relationships will help PLEA continue to strive toward developments that benefit Phoenix police officers and our community.

Whatever 2022 may bring, we will continue to contend with situations for a positive outcome. I hope that your individual accomplishments for the new year are many.

Your PLEA Board wishes you and your family a safe, healthy and happy new year.

In December 9, PLEA Charities and Arizona Probation Officers Association (AZPOA) hosted the 11th annual Shop With a Cop at Kohl’s. We are grateful to Kohl’s for graciously allowing us to hold our event at its store, because as you may remember, there were many conflicts and difficulties in 2020, to say the least, that prevented us from hosting the event at a shopping location. We were able to have a fresh start for the 2021 event. After months of planning, we’re happy to report that Shop With a Cop was nothing short of incredible. Thank you in part to the Phoenix Police Department, AZPOA and the West Valley Mavericks Foundation for contributing to the event’s success.

A total of 125 children were able to attend the event. After being picked up by officers in their police cars, the children arrived at the store and were able to enjoy breakfast, which included doughnuts donated by LaMar’s Donuts, milk donated by Shamrock Farms, fresh fruit donated by Willie Itule and breakfast burritos donated by AZ Barbeque. The children anxiously waited for Blue Santa and his helper elf to arrive, by police helicopter #8555 no less. All the officers and children stood at the front of the store to watch a short demonstration by the Phoenix Police K-9 unit as they waited for Santa.

Blue Santa landed and brought a cheerful holiday greeting to all the children. Inside the store, children had the opportunity to take a photo with Blue Santa and tell him what they wanted for Christmas. It was so heartwarming to see all of the children smiling from ear to ear waiting for their turn to meet Santa. 

Then the shopping began. Each child was provided with a goodie bag filled with more holiday cheer. Domino’s, the Christmas Angel Sponsor for the event, gave the children gift cards to share with their family members. Each child submitted a wish list of items, and officers were given their respective child’s list to help them shop. They were allowed to spend $150 per child, and in some cases our officers used their own money to cover the spending that was over the allotted amount. 

After the shopping was finished, the officers and children went outside to wrap gifts under covered canopies and portable heaters provided by Surprise Rental. Before all the children left, they had the opportunity enjoy ice cream from the Phoenix Police ice cream truck and see the BearCat tactical vehicle used by the Department’s Special Assignments Unit (SAU). Duncan and Sons Lines also had two semi-trucks on display for kids to climb into, and the kids were even given a chance to blow the trucks’ air horns. The officers then returned the children back to their families.

The event would not have been possible without support from the following sponsors:

• Presenting Sponsors: West Valley Mavericks Foundation and Duncan and Sons Lines, Inc.
• Christmas Angel Sponsor: Domino’s
• In-kind donors: LaMar’s Donuts, AZ Barbeque, Kiwanis Club International, Fantastic Fire Department, Willie Itule, AMICI Catering, Phoenix Police Museum, Shamrock Farms and Kohl’s

Editor’s note: This article originally appeared in the November 2021 issue of American Police Beat and is reprinted with permission.

In 2014, a police shooting of a young man in Ferguson, Missouri, was followed by protests and unrest across the country. As time passed, “community policing” became a common phrase, both within the law enforcement community and without. As the nation grappled with questions that had no easy answers, community policing became a non-controversial, go-to term that community leaders, politicians and police administrators all seemed to be able to get behind. The term became a sort of panacea that promised to hold all the answers necessary to bridge the void between police and their communities. It’s a pattern that’s been repeated often in the wake of controversial use-of-force incidents ever since. When controversy strikes, politicians and community leaders all throw out the concept as their solution to the problem of the hour. It’s fair to ask, however, whether most of the practice’s proponents really even know what community policing is. More importantly, can it really deliver all that its advocates promise?

Community policing isn’t a program; it’s a philosophy, a way that an agency chooses to approach policing.

What Is Community Policing?

Community policing focuses on community relationships, organizational structure and problem-solving to build safer communities. In far too many cases, the concept is relegated to a special unit in a police department that spends their time doing public relations with the community. Community policing isn’t a program; it’s a philosophy, a way that an agency chooses to approach policing.

Community policing advocates relationships. It achieves this in myriad ways. Alternative forms of patrol (such as on foot or bicycle) are embraced in community policing. Getting out of the car has been shown to have promising effects on community perception of officers and thus can go a long way toward bridging the gap between an agency and those it serves.

Community policing also focuses on giving officers greater discretion to handle situations in ways that help build better relationships with members of the community. One of the ways it accomplishes this is through a “flat” command structure. A flat command structure decentralizes authority and pushes decision-making power down to officers on the streets. It’s based on the idea that officers closer to the streets (and further from the office) are better equipped to make decisions that best handle situations they encounter. We’ve all found ourselves in a situation at some office where the person at the front desk couldn’t make a common-sense decision to help us, because they needed permission from someone far away at corporate. That’s bureaucracy in action. Community policing pushes authority down closer to the streets in order to help avoid those situations.

While this is far from an adequate summary of the aspects of community policing, an emphasis on officers’ relationships with community members and additional discretion for officers are certainly major aspects of the philosophy.

Where Did It Come From?

To truly understand something, it’s often necessary to know the history behind it.

In the early 1900s, law enforcement was in what many scholars call the “Political Era” of policing. The services you got from law enforcement (like many other sectors of government) largely depended on who you knew. Political bosses were often the real driving forces behind police management decisions. Whether you lived in a big city or a small town, there was a good chance that a handful of local (or even regional) power brokers were pulling the strings of your government (including its police department).

The Political Era would meet its match in the form of the Progressive Movement. This same movement that aimed to clean up corporations with laws and regulations also placed an emphasis on reforming governmental systems. It’s fitting, then, that their efforts in the policing arena led to what is often known as the “Reform Model,” also called the “Professional Model.” Where Political Era policing was marked by handling situations based on relationships (who you knew determined how you were treated), Professional Model policing placed emphasis on rules and uniformity. Think Joe Friday from Dragnet (“Just the facts, ma’am!”). Professionalization advocates like August Vollmer and O.W. Wilson called for things like improved training. Reform leaders also found a new ally in the form of #8600 advancing technology. Reformers saw that an officer’s contact with the public on their daily beat could lead to corrupting relationships. Thanks to advancing technology, they were able to safely tuck officers away in the ever-more-common automobile. In the safety of an auto-bubble, they were sure to be free from the temptations of partiality that came when they built relationships with those they were paid to police. Reformers also developed centralized command structures, so that supervisors could ensure officers were adequately controlled and held accountable. Policies were put in place to help ensure that people were being treated equitably.

When viewed through the metric of relationships and accountability, every model hence has been (to some degree) an iteration of either the Political or Professional Model.

In the 1960s, the riots and unrest that swept the nation revealed some of the shortcomings of the Professional Model. While the insulating nature of the model had helped address corruption, it also led to an “us versus them” mentality (both in law enforcement agencies and their communities). The centralization of decision-making authority had also contributed to a more militaristic-looking approach to policing. The intentional avoidance of community relationships had led to better policing in many ways, but it had also created rifts between cops and their communities.

This, of course is, where discussion of factors that would eventually become the community policing philosophy came from. Law enforcement found itself largely alienated from the communities it was tasked to serve. The concept of community policing aims to minimize that separation.

Is There a Downside?

Most of the major aspects of community policing address some fault in the Professional Model. The irony is that these issues didn’t occur by accident. Officers were put in cars on purpose. The Professional Model encouraged them to avoid entangling relationships with the public. Decision-making authority was purposely centralized away from officers on the streets. The Professional Model called for policies, procedures and centralized chains of command to help provide accountability and ensure an ethical, accountable police force. These reforms almost certainly contributed to the sense of separation that community policing aims to address.

That being said, those Professional Model practices were put into place for a reason. They were necessary. Corruption was (and always will be) a problem. Accountability was (and always will be) an absolute necessity in policing. In fact, these are some of the very things that activists are calling for right now. Many state governments are even taking statutory steps to improve accountability.

There will always, by necessity, be a tension between these metrics. Increased accountability measures will always detract from street-level officer discretion. Increased emphasis on relationships will, of course, open the door to the potential for the temptation to bend the rules for a friend. There is likely no simple answer about where our actions should fall on these scales. Like many things in life, it’s less a hard line and more a tension we have to live in and constantly evaluate.

That’s not to say that one should be abandoned for another; quite the contrary. It’s simply a fact that has to be acknowledged as part of the conversation surrounding community policing.

Some activists want police to run their body cams every single moment of their shift. Are these same activists willing to abandon the call for community policing? Body cams used 24/7 are a great policy for accountability, but any cop on the street knows that such a practice would wreak havoc on their efforts to build relationships with citizens who are already wary of police interaction.

Some activists have called for police to use increased discretion in their arrest decisions (such as giving a kid a break to avoid putting them into the system). There’s a great argument to be made for this. But will those same activists be OK with such discretion if an officer chooses to arrest their relative, but a different officer lets a different kid off with a simple warning? That is, after all, the inevitable result of discretion. These are how the realities of these metrics play out in reality. Things are rarely as simple on the streets as they are in the ivory tower.

The reformers who pushed policing out of the Political Era and into the Professional Era are to be lauded for their accomplishments. The changes they made were beyond necessary; they were essential. But sometimes, in the passion of a movement, it’s easy to overlook the unintended consequences of the decisions we make. Accountability and discretion will always happen on a sliding scale, with each on opposite ends. The same is true for relationships and corruption potential. Community policing holds great promise to cure what ails many law enforcement agencies and their communities. But it can only work if cops and their communities can implement it without forgetting the mistakes made by the reform movement. Specific policy decisions need to be talked through and implemented amid much debate and discussion, not rammed through in a knee-jerk reaction. The potential benefit of each decision needs to be weighed against unintended costs.

Life is all about balance, and policing is no exception.

As we enter the holiday season and the end of 2021, we can’t help but reflect on the past year and hopefully begin to think about what we want to accomplish for the new year. 

2021 continued to provide challenges for not only law enforcement but other professions as well. The economy is in question, COVID vaccination mandates are popular and actions of our government “leaders” can provide hours of argument.

The Phoenix Police Department is seeing an all-time low number of personnel, and if you listen to the rumors, it just seems that no one is happy working here, and it would make sense. Dealing with all of this, coupled with whatever we have going on personally, can take a toll on our attitude.

If you are one to consider the negative, remember to also think of all the good you have accomplished for the community we serve. If you are of the opinion that “it doesn’t matter, no one cares,” you are wrong. Your professionalism and dedication have been recognized time and time again by people in the community who do care and want to see positive changes for the men and women of our Department. In the last two years, PLEA has helped develop several citizen groups, business partners and individuals who see through the anti-police rhetoric and recognize that incompetent City leaders are solely responsible for the deteriorating personnel numbers within the Phoenix Police Department. These people support you because of varying reasons, but often, it is because of a firsthand interaction with a Phoenix police officer or detective. That type of interaction matters most. Speeches and rants only get us so far, but actions will always speak louder than words.

If you are one to consider the negative, remember to also think of all the good you have accomplished for the community we serve.

At the time of this writing, PLEA is making positive headway with the City for a personnel retention plan, and we also have proposals for recruitment. PLEA will always be the first to strive for improvements for our members and our Department.

While it is so easy to focus on adverse aspects of our career and the unknown future state of our Department, take solace knowing that you do have support from not only the law enforcement community here in the Valley but from a grateful Phoenix community that is slowly making positive changes. We are going to improve, but it will take time. 

It goes without saying, but be sure to take the time to appreciate what matters most, your family. Don’t ever get so caught up in the nonsense that you forget to focus on what is truly important.

The PLEA Board wishes you and your family a safe and happy holiday season.

In the past several months, I have had occasion to talk with several members about work-related injuries. Many of them were minor, so the thought was just to brush it off and move on. The problems arise when the “minor” injuries progress into bigger injuries and were not originally reported. I cannot say it enough: If you are hurt on the job, no matter how insignificant you think it is, please at least report it to your sergeant in memo form. Like every other aspect of this job, documentation is key.

The following is an article I wrote in a previous issue, and it bears revisiting. It dives into the Industrial process and ways to protect yourself now and moving forward through your careers. Officer safety is always talked about, and rightfully so. However, this topic is rarely spoken of and only when something serious happens. Knowledge is power.

Police work is a profession that entails a lot of physical exertion — whether jumping walls, chasing an individual who is less than thrilled by our presence, taking a suspect into custody who doesn’t believe they did anything wrong, or simply driving a marked patrol car that doubles as a bull’s-eye for red-light runners. As a result, most of us at one time or another will be making a trip to Concentra, our primary care physician or, worse, the emergency room for an on-duty injury. Navigating this scenario can be a lesson in patience.

If you are injured, no matter how minor the injury may seem, you need to report it to your supervisor immediately to memorialize it.

If you are injured, no matter how minor the injury may seem, you need to report it to your supervisor immediately to memorialize it. Just because it seems like no big deal now doesn’t mean that it won’t culminate into a bigger issue down the road. If you do need to seek medical treatment for a minor issue, you can go directly to Concentra or your primary care physician for your initial visit. (There is no requirement for you to make one visit to Concentra.) If you choose Concentra, you can still follow up with your primary care physician. If, however, you go to a second visit at Concentra, then Concentra becomes your doctor of record for that injury.

Regardless of the route you choose, you will have to fill out the Industrial paperwork that your supervisor will provide you. This paperwork will need to be routed through police fiscal and, ultimately, to City Safety, where a claim number will be assigned. City Safety has the ability to expedite the assigning of a claim number in certain cases. From that point, you will be assigned to a workers’ compensation adjuster from CCMSI, the third-party administrator for our workers’ compensation program. The adjuster will be your point of contact with respect to that injury. 

If you are seriously injured and require emergency treatment, there are some things you need to be aware of. While you are at the hospital, your supervisor should bring the required paperwork to you for completion. If you are unable to complete the employee’s portions, then a spouse may do so or you may do so later when you’re able (OPS 3.73.C(3)(a)). After leaving the emergency room or hospital, you may follow up with a physician of your choosing.

If you receive a bill for services rendered during this process, whether it is a doctor’s bill, an ambulance bill or emergency room bill, it is of the utmost importance that you call your adjuster, City Safety staff or me so we can ensure that the “Bill to” is changed from your name to the City of Phoenix. We have had several instances where this has not occurred, and officers have thrown away the bill with the assumption that “it’s workers’ comp, I don’t need to worry about this.” In such cases, the bills have ended up in collections and, subsequently, on individual credit reports. Understandably, this is very frustrating for the officer. The City typically receives a discount on the bill if it is paid within 15 days, so the sooner they know about it, the better it is.

Another important aspect to an industrial injury is that each covered injury has 2,080 hours (equivalent of one year) attached to it. What this means is that if you are unable to work because of the injury, workers’ compensation pays a portion of your salary and the City will supplement the remaining portion for the duration of the injury, or up to 2,080 hours. That 2,080 hours also cover follow-up appointments and any physical therapy that is prescribed. If you exhaust that bank of time and continue to need time off for appointments, you will have to start using BI, BV or BC time. If you can work light duty, I would encourage you to take advantage of it even if it is in callback to preserve that bank of hours. You may need to tap into them later if the claim needs to be reopened.

With COVID-19 being as prevalent as it is, I would suggest that if you come in contact with someone who is exhibiting signs and symptoms of COVID-19 or they tell you they have COVID, to document it in memo form to your sergeant as soon as possible. This will memorialize your contact should you end up contracting COVID a week or two later.  COVID is covered by workers’ compensation, so long as it is more likely than not contracted during the course of your official duties. You will complete the entire Industrial packet if you test positive for COVID. Documentation is very important!

This article is only intended to cover the highlights of the workers’ compensation process. Operations Orders 3.7.3 explains the process at length. If you ever have any questions, please feel free to contact Tracy Hamilton in the City Safety Department at (602) 534-9530 or by email at tracy.hamilton@phoenix.gov. You may also contact me for assistance. I am always available at the PLEA office or by email at dkriplean@azplea.com.