Phoenix PD requests 'alternative resolution' in DOJ investigation; reforms without federal oversight

PHOENIX - It has been nearly two and a half years since the U.S. Department of Justice began investigating the City of Phoenix and its police department for misconduct, and according to a letter sent by Phoenix city officials, communications between Phoenix Police and the DOJ are non-existent.

The probe began in 2021 as an effort to examine whether officers have been using excessive force and abusing people experiencing homelessness. At the time, Attorney General Merrick Garland also said the probe will also examine whether police have engaged in discriminatory policing practices, and will work to determine if officers have retaliated against people engaged in protected First Amendment activities.

In the letter, Phoenix city officials say while DOJ's investigation appears to be winding down, but "with no specific information on when it will conclude."

"Unfortunately, one constant of the investigation has been a lack of transparency by the DOJ," read a portion of the letter. "The DOJ investigative team has declined to meaningfully share its observations, impressions, concerns, or tentative conclusions with the City of Phoenix, PPD, or their counsel despite numerous requests, and has rejected a specific request for a mid-investigation briefing. In addition, the DOJ has also stated, on two separate occasions, that it will not share a draft of its findings report prior to its public release, most recently in a letter from Assistant Attorney General Clarke in late November."

The city’s letter reveals the DOJ has made more than 230 requests during its probe, collecting nearly 180,000 documents, 20,000 body camera videos relating to use of force, and 200 recorded 911 calls.

The same letter also states that "the track record of the Civil Rights Division’s pattern-or-practice consent decrees over the past decade strongly suggests the need to explore alternatives if the ultimate goal is—as it should be—efficient, effective, and durable law enforcement reforms."

In response, officials with the DOJ confirm they have received the letter, along with a report done by the city’s legal counsel. The letter, as well as the report, are reportedly under review.

Interim Police Chief speaks out

We sat down with Interim Phoenix Police Chief Michael Sullivan on the ongoing probe.

During the interview, Interim Chief Sullivan said department reforms have already been in progress, and federal oversight is not needed.

"We’ve done a lot of work prior to my arrival a year ago, a year and half ago, and we continue to do that work," said Interim Chief Sullivan.

Interim Chief Sullivan's hiring was announced in July 2022, months after his predecessor Jeri Williams announced her decision to retire. Sullivan took office in September that same year. 

"Sullivan brings 27 years of law enforcement experience to the table, and he has led police reform efforts for major cities," said City Manager Jeff Barton, via a statement at the time Interim Chief Sullivan's hiring was announced. "His experience working in collaboration with communities, the DOJ, federal court and more gives me confidence he has the experience necessary to step into the interim Phoenix Police Chief role during this important time."

We asked Interim Chief Sullivan to provide some examples of transparency allegations that Phoenix city officials leveled against the DOJ.

"What I would say is just we don’t have a whole lot of feedback," Interim Chief Sullivan said, in response. "We don’t know when the investigation will be complete. We’ve asked that a number of times. We’ve also asked to preview the report."

The request has reportedly not been granted.

What’s looming for Phoenix Police is a potential consent decree, which is essentially a legally-binding performance improvement plan enforced by the court, and agreed by all parties.

"I know with a number of agencies prior to this is they ask you to sign an agreement in principle, which says that you’re on a path to a consent decree, that you’ll negotiate in good faith towards a consent decree, and then, you’ll get to preview the report," Interim Chief Sullivan said.

There are no indications the city will do that without going through the findings first. Instead, Phoenix Police wants what is known as a ‘Technical Assistance Letter,’ which means the department has worked to identify and address weaknesses.

For his part, Interim Chief Sullivan says federal oversight would only slow down current reforms.

"If we would have been under federal oversight, that effort would take two to three times as much time because of the bureaucracy," said Interim Chief Sullivan.

Interim Chief Sullivan said he has not been interviewed by the DOJ since last November.

"This is the longest investigation of a pattern or practice that they have going on anywhere in the nation that I’m aware of," said Interim Chief Sullivan. "So given that, and given that they’ve completed interviews with me and the City Manager, I’d expect the conclusion to be somewhat soon."