Professional Documents
Culture Documents
1 WILLIAM G. MONTGOMERY
MARICOPA COUNTY ATTORNEY
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By: JOSEPH I. VIGIL (018677)
3 Deputy County Attorney
vigilj@mcao.maricopa.gov
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CIVIL SERVICES DIVISION
5 Security Center Building
222 North Central Avenue, Suite 1100
6 Phoenix, Arizona 85004
Telephone (602) 506-8541
7 Facsimile (602) 506-8567
ca-civilmailbox@mcao.maricopa.gov
8 MCAO Firm No. 00032000
9 Attorneys for Defendant Paul Penzone
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UNITED STATES DISTRICT COURT
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DISTRICT OF ARIZONA
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Manuel De Jesus Ortega Melendres, on behalf No. CV-07-2513-PHX-GMS
14 of himself and all others similarly situated;
et. al.,
15 STIPULATION PERTAINING TO
MARICOPA COUNTY
16 Plaintiffs, SHERIFFS OFFICES
PARAGRAPH 70 PLAN
17 and
19 Plaintiff-Intervenor,
20 v.
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Attached hereto as Exhibit A is the stipulated plan that representatives for Sheriff
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Case 2:07-cv-02513-GMS Document 2120 Filed 09/21/17 Page 2 of 3
1 Prior to the status conference [September 27, 2017] the parties shall have
agreed to the necessary elements and timetable for the implementation of an
2 institutional bias remediation program within MCSO. To the extent the
3 parties cannot agree to all of the terms of such a plan they shall submit a
single document outlining a plan which clearly indicates by color coding or
4 otherwise, the elements of the plan on which all parties agree, and the
position of each party as to the respective parts of the plan on which the
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parties do not agree.
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The parties, to make sure they had the Plan to the Court and Monitor in plenty of
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8 time for them to review before the September 27, 2017, status conference, contacted the
9 Monitor to determine when he wanted the plan submitted for his review. The parties were
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asked to submit the plan no later than September 12, 2017, in the manner ordered by the
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Court. The stipulated Plan was forwarded to the Monitor by close of business on
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13 September 12, 2017, for his review prior to the September 27, 2017, status conference.
14 The parties have consulted and diligently worked together during the interim to
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prepare this stipulated plan, which includes the target dates set forth therein and a strategy
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on moving forward. The parties request that the Court approve this Plan as submitted,
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18 though the parties understand that the Court may want to obtain input from the Monitor.
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1 Trial Attorneys
U.S. Department of Justice
2 Civil Rights Division
Special Litigation Section
3 601 D St. NW
Washington, D.C. 20004
4 Tel. (202) 353-1121
cynthia.coe@usdoj.gov
5 Attorneys for the United States
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CERTIFICATE OF SERVICE
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I hereby certify that on September 21, 2017, I caused the foregoing document to be
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electronically transmitted to the Clerks Office using the CM/ECF System for filing and
23 served on counsel of record via the Courts CM/ECF system.
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/s/ Nicole Anderson
25 \\Valley\public\CIVIL\CIV\Matters\CJ\2007\Melendres CJ07-0269\Pleadings\Word\Stip Regarding Paragrpah 70 Plan 09132017.docx
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UNITED STATES DISTRICT COURT
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8 DISTRICT OF ARIZONA
9
Manuel De Jesus Ortega Melendres, No. CV-07-2513-PHX-GMS
10 on behalf of himself and all others
similarly situated; et. al,
11 INDEX
12 Plaintiffs,
13 and
14 United States of America,
15 Plaintiff-Intervenor,
16 v.
17 Paul Penzone, in his official capacity
as Sheriff of Maricopa County,
18 Arizona, et. al.,
19 Defendants.
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Exhibit(s):
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A) Sheriff Penzone, Plaintiffs and Plaintiff-Intervenors Stipulated Plan
23 per the Courts July 27, 2017, Order (Document 2094).
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22 EXHIBIT A
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Several features of the plans organization seek to ensure accountability. First, MCSO appointed Chief Kip
Rustenburg to oversee the implementation of this plan. Chief Rustenburg is the chief of Patrol Bureau East, and she
brings a wealth of experience to the task. Chief Rustenburg will ensure that deadlines are met and provide MCSO
personnel with a central point of contact regarding the plan.
Second, the deadlines in the plan all fall on the second Wednesday of the month in which the item must be
delivered. The only exception is court ordered-deadlines involving the Early Identification System. For example,
one goal has MCSOs Enforcement Commanders initiating discussion during monthly captains meetings of
successful and unsuccessful strategies to promote fair and impartial discretionary decision-making by October 11,
2017. The second Wednesday of the month was chosen to avoid holidays and weekends and provide a consistent
deadline.
Third, under Chief Rustenburgs leadership, MCSO will re-publish this plan twice a year in March and
September. These re-published versions permit MCSO to take stock of its efforts, identify issues, and account for
on-going traffic stop data analysis. For this reason, MCSO identifies but does not provide a specific deadline for
some reforms that will be completed beyond the next six months. Future versions of the plan will, of course,
identify those deadlines.
Fourth, MCSO will implement the use of various methods to track the Offices success in implementing the
provisions of this plan. To evaluate success and further develop the goals in this plan, MCSO will determine
qualitative and quantitative metrics based on input from subject matter experts and the community, including use
of the annual and quarterly traffic stop data and community input to assess progress toward reform.
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and whether the deputys law Commanders will address any recommended changes (if necessary) to the Employee
enforcement activities comport Performance Appraisal process at the monthly captains meeting, including any
with constitutional and MCSO recommendations to policy or training. Additionally, all supervisors will be encouraged
policy standards and demonstrate to send a memorandum through the chain of command with suggestions.
positive community-oriented
policing.
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will be delivered as part of a Training with enhanced sections on implicit bias reinforced by participation from
pilot program to select community members beginning by November 8, 2017.
districts or squads. In those Community Outreach and Training and Development Divisions will develop a
circumstances, MCSO will network of community members, community organizations, and academic subject matter
obtain feedback that will experts interested in addressing MCSO deputies during training and/or roll call briefings
refine those materials before regarding implicit bias by November 8, 2017.
possible delivery Office-wide.
In other cases, MCSO will Training and Development Division will develop a curriculum outline for training on
deliver uniform materials to the history and impact of discriminatory policing in Maricopa County as well as other
all patrol districts. forms of systemic discrimination in the County that contribute to ongoing marginalization
of some communities, with submission to community members, community organizations,
MCSO will also ensure
and academic subject matter experts by December 13, 2017.
supervisors collaborate to
share experiences with Training and Development Division will develop a curriculum on enhanced implicit
addressing implicit bias. bias training, in cooperation with other jurisdictions and outside experts, by February 14,
2018.
Steps Beyond the Next Two Quarters
Training and Development Division will deliver enhanced implicit bias training
beginning in Third Quarter 2018.
Training and Development Division will implement curriculum on history of
discrimination in Maricopa County through training and/or roll call briefings beginning in
Third Quarter 2018.
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warrantless searches, deputies have worn camera recording and the context (i.e., drivers surname) indicates the driver
wider discretion to act. Similarly, is Latino. MCSO developed supervisor training and a roll call briefing to
MCSO has already developed emphasize the importance of good faith efforts to identify the post-stop
training/roll call materials to race/ethnicity of vehicle occupants, with the first briefing conducted by November
address an issue with data 8, 2017.
collection: certain deputies The second set of materials will focus on consent searches during traffic
improperly marking a drivers post- stops.
stop race/ethnicity as white
instead of Latino. Criminal Intelligence Division will analyze traffic stop data and body
worn camera recordings to identify deputies who successfully perform
The analyses of traffic stop data will discretionary searches without relying on unlawful factors by December 13,
drive the topics addressed by this 2017.
training/roll call briefings. So will
suggestions by supervisors based on Based on that analysis, Training and Development Division will develop
their review of traffic stops, made training on discretionary searches, to begin development by February 14, 2018.
through the chain of command. Tech Bureau and Training and Development Division will develop a process for
Based on the most recent traffic collecting and sharing Office-wide materials, including catalogue of body worn
stop data, future topics will include camera recordings, for use in training and roll call briefings, by December 13, 2017.
the deputys discretion to cite-and- Steps Beyond the Next Two Quarters
release a suspect, constitutional
search and seizure practices, Training and Development Division will complete development of and MCSO
permissible and impermissible bases will deliver training and/or roll call briefing on consent searches.
for prolonging of traffic stops, and Criminal Intelligence Division will analyze additional traffic stop data for trends
the decision to cite or warn a driver. regarding discretionary actions (e.g., cite-and-release for arrest).
The trainings will also emphasize
Training and Development Division will review that analysis for development of
methods that promote fair and
additional topics for training and/or roll call briefing materials.
impartial decision making, such as
supervisor shadowing and deputy Patrol Commanders will develop a briefing calendar based on Training and
ride-a-longs. Development Divisions review, supervisors observations, and community input to
identify subject matter material to be reviewed by all districts.
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In some cases, the materials will be participation from community members beginning by November 8, 2017.
delivered as part of a pilot program to Community Outreach and Training and Development Divisions will
select districts or squads. In those
develop a network of community members, community organizations, and
circumstances, MCSO will obtain academic subject matter experts interested in addressing MCSO deputies during
feedback that will refine those materials training and/or roll call briefings regarding Latino community perspectives on
before possible delivery Office-wide. In policing, and any other minority communities identified by MCSO, by
other cases, MCSO will deliver uniform November 8, 2017.
materials to all patrol districts.
Community Outreach Division will work with the Community Advisory
MCSO will also ensure supervisors
Board to obtain community input on the topics of cultural competency and
collaborate to share experiences with
community perspectives on policing beginning by November 8, 2017.
promoting cultural competency.
Steps Beyond the Next Two Quarters
Training and Development Division will develop short training videos or
briefing material for supervisor use to build cultural competencies.
Training and Development Division and Patrol Commanders, in
partnership with community organizations and community input, will develop a
process for incorporating greater cultural competency training for Field Training
Officers.
Community Outreach Division will continue its collaboration with the
Community Advisory Board to obtain community feedback on the topics of
cultural competency and community perspectives on policing.
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The most recent annual traffic stop study Sample of Steps Taken to Date
suggested ways MCSO could improve data Policy and procedures in place to collect, maintain, and analyze traffic
collection. MCSO will continue to monitor
stop data.
the accuracy of data collection and assess
future suggestions. Made changes suggested in most recent annual traffic stop report,
including:
The annual traffic stop study also noted the
importance of deputy discretion in the bias Automated collection of data from TraCS.
analysis. MCSO therefore seeks data Data verification system within EIS to track repeated data entry errors
collection focusing on discretionary aspects by staff and take corrective action.
of law enforcement for further analysis. By
focusing on deputy discretion, MCSO seeks Supervisors may reject TraCS forms or initiate changes to data
to more fully understand deputy decision- collection when errors are discovered during routine review/approval of
making. TraCS forms.
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Goal 9. Building a workforce that provides constitutional and community-oriented policing and reflects the
community we serve.
MCSO will support best practices that result in the hiring and retention of personnel who believe in constitutional
policing and working to define and deliver a vision of community safety that is shared by Maricopa Countys
diverse population.
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18 Defendants.
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25 ___________________________
Honorable G. Murray Snow
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