Phoenix police oversight director quits, citing lack of independence. What we know
Phoenix's police oversight director was in a bitter hiring dispute with the city manager's office and city attorney shortly before resigning Monday.
Three weeks earlier, the city had placed Roger Smith, the director of the Office of Accountability and Transparency, on a performance improvement plan.
On Tuesday, Smith submitted his resignation letter, saying, "Events have led me to conclude that OAT does not have the independence required to effectively perform its responsibilities."
The office was created after a rising number of police shootings by the Phoenix Police Department, and concerns about a lack of an independent agency to investigate them. Smith was hired to oversee it in 2021.
The same year, the U.S. Department of Justice started its investigation into the Phoenix Police Department's use of force, protesters' rights, discriminatory policing, police interactions with individuals with disabilities or mental health issues, and the potential unlawful confiscation of property from homeless people.
Smith got the office off the ground and has since conducted more than 50 monitoring inquiries.
In October, he sought to hire Catherine Bowman as the Office of Accountability and Transparency's attorney, but Deputy City Manager Ginger Spencer rescinded the job offer and "deprived" Smith of his choice of attorney, according to Bowman.
Smith's letter pointed to Bowman's hiring conflict, as well as a "performance improvement plan" issued to him four days after Bowman sent her letter. He also cited "untimely and unsolicited acts by the senior member of the Law Department — with the support of the city manager's office, to interfere with the operations of OAT."
Smith alleged that his office was denied the chance to answer any questions raised during Bowman's hiring.
Bowman sent a three-page letter to Mayor Kate Gallego and members of the City Council on Jan. 1 accusing the city of deploying "indefensible legal advice" and violating the police oversight office's independence.
Bowman's letter said the city inexplicably paused her hiring 10 days before she was supposed to start, then took two months to eventually tell her the offer was rescinded because she had previously volunteered for the Tucson police.
City code bans the police oversight office from hiring anyone who was previously employed by a law enforcement agency. Bowman, however, argued the explanation was "untenable" because her work as a volunteer was different and should not have disqualified her.
Bowman told The Arizona Republic on Tuesday that she was planning on filing a notice of claim against the city for putting her hiring on hold from September, when she was hired, to December, when the city rescinded her job offer.
"I'm 60 years old. I already have a retirement in (the Arizona State Retirement System). So, I really can't apply to other ASRS employees," she said as she explained that she took this job to help pay for her daughter's college tuition."And like, without even a bat of an eye, or an 'I'm sorry.' They just like, they took it away," she said.
When the call came, she said her daughter was there. "I called back in the car, so I was holding back the tears because my kid was there and it's her school that I'm supposed to pay for with this money, you know? So, she got to hear this news just like when I did."
In her letter, Bowman added that the city had no issue with her volunteer work when she mentioned it in her cover letter and initial interview for the city position.
Bowman also argued that Phoenix was violating the police oversight office's independence by letting the legal department trump Smith's hiring decision.
"Seemingly, council recognized the OAT’s independence is threatened, and a legal and ethical conflict arises, if law department attorneys advise both OAT and the Phoenix Police Department," Bowman wrote.
She pointed to city code that says, "The financial, personnel and administrative functions of the OAT attorney shall not be under the jurisdiction of the city attorney."
In his resignation letter, Smith added that "the above occurrences, and several others, have created an environment where I cannot perform free of retaliation and undue restriction."
Gallego sided with city officials in a statement she released Tuesday.
“We appreciate Roger Smith’s two years with the city and his work to stand up a newly created office, and we’re looking forward to working with the next director to make sure that the goals the council outlined with the Office of Accountability and Transparency come to fruition. While we understand Mr. Smith’s frustration that he was not able to hire his top choice for a position within the office, that particular candidate—while otherwise qualified—did not meet the criteria set forth by the council in the city code.”
City spokesperson Dan Wilson said, "We wish him well in his future endeavors. The city will work diligently to find the right leader to ensure OAT’s important work continues including monitoring police investigations, providing civilian oversight into allegations of misconduct, and receiving community feedback regarding complaints, commendations or other comments about policing in Phoenix."
The initial design of Smith's office faced opposition from the Arizona Legislature. It was originally meant to investigate police use-of-force cases and misconduct complaints independent of the Police Department.
A bill was signed that limited the office's role, so the Office of Accountability and Transparency changed course and became a monitoring entity.
Smith said his resignation will take effect Feb. 9.
Underway: Phoenix police told the U.S. Department of Justice they are reforming. But how?
Taylor Seely covers Phoenix for The Arizona Republic / azcentral.com. Reach her at tseely@arizonarepublic.com or by phone at 480-476-6116.
Miguel Torres covers public safety for The Arizona Republic. Reach him at Miguel.Torres@arizonarepublic.com.
This article originally appeared on Arizona Republic: Phoenix police oversight director quits, citing lack of independence
