Rep. Ruben Gallego to DOJ: Don’t pursue consent decree after Phoenix Police investigation

PHOENIX – U.S. Rep. Ruben Gallego is urging the Department of Justice to follow up its investigation into the Phoenix Police Department without pursuing a consent decree.

The Phoenix Democrat, who is running for Senate, supported the stance of city and departmental leaders in a Tuesday letter to Assistant Attorney General for Civil Rights Kristen Clarke.

“While I appreciate your efforts, I am deeply concerned that DOJ’s approach to PPD misses the mark, could impose overly burdensome costs, and ultimately have unintended consequences that will undermine the safety of our community,” the letter says.

A DOJ spokesperson confirmed receipt of the letter but declined further comment.

In June, the Justice Department revealed the findings of a yearslong investigation into civil rights violations by the Phoenix Police Department.

The investigation found patterns of unjustified excessive force, unlawful detention of people experiencing homelessness, targeting people of color, violation of protesters’ rights and discrimination against people with behavioral health disabilities.

At the time, Clarke said the DOJ will negotiate with city officials to determine what actions will be taken to address the violations. However, she noted that a consent decree is the vehicle usually used in such cases to advance police reform.

Why does Gallego, Phoenix PD oppose DOJ consent decree?

City officials have said they intend to fight against the oversight of a consent decree, arguing it would create restrictions that impede ongoing reform efforts and create new problems, including staffing shortages. Gallego echoed their concerns in his letter Tuesday.

“At a time in which it is increasingly challenging to recruit and retain police officers nationwide, a consent decree could initiate a staffing crisis in Phoenix,” he wrote. “A staffing crisis and associated shortage of officers would pose a tremendous risk to public safety based on reporting from other police departments that have operated under consent decrees and seen increased risks to safety, such as violent crime.”

In January of this year, before the findings were released, an attorney for the Phoenix Police Department wrote to the DOJ asking for a resolution through what is known as a technical assistance letter. The attorney’s request noted that technical assistance letters, which don’t require burdensome judicial oversight, used to be widely used but have been discontinued in the last decade or so.

In his letter Tuesday, Gallego picked up the argument in favor of a technical assistance letter.

“If done right, a technical assistance letter can improve a police department, create a cooperative relationship between the department and the DOJ, and do so without risking staffing shortages or increasing the financial burden on our communities,” the congressman wrote.

Gallego added that while the DOJ’s findings shouldn’t be ignored, a consent decree would not be the best path forward, especially considering ongoing reform efforts.

“I strongly urge DOJ to consider entering into a technical assistance letter with the city of Phoenix rather than continue to pursue a consent decree. While the DOJ raises several valid points in its findings report, both PPD and the city of Phoenix already welcome reforms to advances the mission to protect Phoenix’s residents from crime and safeguard their civil rights,” he wrote.

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