Phoenix Law Enforcement Association

Goldwater Ruling Update

As most of you are already aware, the ongoing battle between PLEA and the City of Phoenix against The Goldwater Institute is continuing. Judge Katherine Cooper of the Maricopa County Superior Court issued an injunction against PLEA and the City for the second time. The injunction was dated 04/08/13 however it was not released to PLEA and the City until 04/23/13.

At issue are the full time release provisions of the contract (MOU). Judge Cooper, in her ruling, granted Goldwater’s request for preliminary injunction which enjoins (restricts) until further notice, the following sections of the MOU; Sections 1-3.B, 1-3.C, 1-3.Q of the 2012 – 2014 MOU.

In plain English, this means that until PLEA’s appeal is heard by the higher courts, the following are put on immediate hold.

  • The six full time release positions in the PLEA office.
  • Paid time for up to 42 representatives to represent union members in discipline and grievance meetings.
  • Being able to add new reps upon the creation of new bureaus or precincts.
  • PLEA’s bank of 1,859 release hours.
  • 500 lobbying hours.
  • 960 hours of additional compensation.

The six officers who normally staff the PLEA office on full time release have been immediately re-assigned to the following field positions: PLEA President Joe Clure; 22A, PLEA VP Ken Crane; 72A, PLEA Secretary Frank Marino; 52A, PLEA Treaurer Will Buividas; 42A, PLEA Board member Jerry Gannon IT Bureau/RMS project and PLEA Trustee Bill Galus; Central Booking.

The PLEA Office is still maintaining normal operating hours Mon-Fri 0730-1630 hrs.  Calls and requests for assistance are still being handled albeit at a much slower pace than normal due to the impediments to service brought on by the court ruling.

Attorneys for PLEA and Judicial watch have filed an appeal with the higher courts combined with a request to stay the injunction. We anticipate having an answer one way or another within the next couple of weeks on whether a stay will be granted. If a stay is granted, full time release provisions will be restored. It could take several months for the entire appeal to be adjudicated.

CLICK HERE to read Judge Cooper’s ruling.

CLICK HERE to read the directive from the City Attorney.

CLICK HERE to see a recent episode of Horizon on PBS with Mark Spencer of Judicial Watch debating Clint Bolick of the Goldwater Institute on the full time release issue.