Phoenix Law Enforcement Association

Chief Marches in MLK Day Parade after Discriminating Against Phoenix Officers

In October 2012, five PPD officers contacted City of Phoenix EOD and lodged a complaint against the department for the way the selection process to choose officers to augment the Presidential inauguration was (mis) handled. Aside from the five complaint officers, EOD investigators conducted interviews with Asst. Chief Tracy Montgomery, Commander Geary Brase and Chief Danny Garcia.

Strangely, all of the interviews were recorded with the exception of Chief Garcia’s.  PLEA also finds it odd that on the cover sheet of the final investigative report that Chief Garcia is not listed among the respondents.  It would appear, based on statements given by Asst Chief Montgomery and Cdr. Brase, that Chief Garcia was in fact the one who ordered the Code Red when it came to selecting persons for the DC trip based on gender and ethnicity. What is not surprising however, is that rather than hold top managers who engage in discriminatory practices and violations of the rules accountable, City management would rather deflect, defend and excuse mangerial misconduct.

On Monday February 11, 2013, Assistant City Manager Ed Zuercher sent a letter to PLEA to notify us in writing as to the final disposition of the case.  At one point Mr. Zuercher states: “I have addressed this [EEO misconduct] with him [Chief Garcia], appropriately, given the circumstances and in turn, with Assistant Chief Montgomery and Commander Brase.  This specific matter is now completed.” It would seem department rules and regs just don’t apply once you achieve a certain rank in the PPD, specifically Operations order 3.18 Addendum A. section 3. C. 4, which spells out types of misconduct that will result in a suspension of 8-40 hours.  Supervisors: Violation of EEO rules and regulations, inappropriate actions, comments, gestures that violate EEO standards (supervisory personnel).

Somehow, this makes phrases like “The Nobility of Policing” and “Policing with a Purpose” ring hollow.  This was a perfect opportunity for the Chief to take accountability for his actions, accept an appropriate level of discipline and lead by example.

Once again, officers get investigated and punished on a consistent basis for minor policy violations while top tier managers get a free pass.   What is truly ironic is that the Chief, who ordered other police managers to engage in discrimination against rank and file officers, then marches in a parade to honor the late Dr. Martin Luther King Jr., a staunch anti-discrimination advocate.  Perhaps the Chief should follow the advice he gives to others: “When you mess up you fess up.”

CLICK HERE to view the letter sent from City EOD to Asst. City Manager Ed Zuercher stating that Chief Garcia will not be listed as a respondent and affirming that Chief Montgomery and Commander Brase did violate EEO policies under CIty of Phoenix A.R. 2.35.

CLICK HERE to view the letter from Asst. City Manager Ed Zuercher to PLEA President Joe Clure explaining that nothing will be done and no discipline will result even thouugh City Admin regualtions and Police Department policies were clearly violated.

CLICK HERE to read the letter of concern (essentially a coaching) from Asst. City Manager Ed Zuercher to Chief Garcia.

CLICK HERE to read the policy excerpt from PPD Operations Order 3.18 Addendum A, which states supervisors who violate EEO rules are subject to and 8-40 hour suspension.