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Legislative changes could affect Phoenix's attempts to add police oversight

A bill signed by Gov. Doug Ducey last week sets mandates for who's allowed to sit on committees, boards, or departments that investigate police misconduct.

PHOENIX — New laws signed by Arizona Gov. Doug Ducey could affect Phoenix's efforts to boost accountability from law enforcement by limiting how government agencies can investigate cases of police misconduct.

House Bill 2721 requires those investigating police misconduct to have at least two-thirds of its members consist of certified law enforcement personnel. 

These law enforcement members must be "from the same department or agency as the law enforcement officer who is the subject of the investigation or disciplinary action," according to the bill's language. 

State Rep. John Kavanagh, the bill's sponsor, suggested earlier this year HB 2721 was introduced in response to Phoenix's establishment of its Office of Accountability and Transparency (OAT), which is intended to provide independent, civilian oversight of the city's police department.

When it was created in 2021, the office was tasked with monitoring or investigating use of force, in-custody deaths, and other community complaints involving Phoenix police.

The ordinance establishing OAT specifically excludes members of law enforcement or their relatives from working for the Phoenix office.

Now city officials are reviewing how the legislation could affect Phoenix's original intentions for how the accountability office will operate.

Gov. Doug Ducey signed HB 2721 last week after it passed through the Arizona Legislature with little support from Democrats. 

"When police police themselves, it simply does not work," said Democratic Sen. Martin Quezada of District 29 before voting against the bill.

Opponents of the legislation argued it defies recent efforts to reform how communities oversee local law enforcement and prevents independent investigations of misconduct. 

"This goes into direct contradiction to those efforts to have civilian oversight," Quezada added. "It takes away all of the 'civilian' out of 'civilian oversight.'"  

RELATED: Phoenix police short more than 500 officers as staffing shortage worsens

Supporters of HB 2721 have said that it attempts to have oversight agencies replicate other regulatory boards that provide oversight for a specific profession. 

Joe Clure of the Arizona Police Association said agencies or boards regulating the conduct of doctors, lawyers, or realtors are often made up mostly of members of those professions. 

"They all have boards that oversee their conduct," Clure told lawmakers during a Senate hearing. "Those boards consistently are made up of three-fourths of practitioners and 25% are civilian citizen members."

The City of Phoenix was listed as being opposed to HB 2721 before it was signed by the governor, arguing the bill took away local control from Arizona cities.

Phoenix had been attempting to improve community relations with law enforcement after the Department of Justice opened an investigation into Phoenix police last August. 

A city spokesperson said this week that the legislative changes created by HB 2721 do affect the ordinance that established the accountability office. 

"OAT is moving forward in compliance with the parts of the City ordinance that are unaffected by the bill," the spokesperson said. "Additionally, City leadership is evaluating the bill’s final language and its impact on OAT to determine the appropriate next steps."

Phoenix has not yet elaborated on how OAT may operate differently under the legislative changes.

RELATED: In era of transparency, Arizona law limits filming police

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