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Case 2:07-cv-02513-GMS Document 2120 Filed 09/21/17 Page 1 of 3

1 WILLIAM G. MONTGOMERY
MARICOPA COUNTY ATTORNEY
2
By: JOSEPH I. VIGIL (018677)
3 Deputy County Attorney
vigilj@mcao.maricopa.gov
4
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
10
UNITED STATES DISTRICT COURT
11
DISTRICT OF ARIZONA
12

13
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

18 United States of America,

19 Plaintiff-Intervenor,

20 v.

21 Paul Penzone, in his official capacity as


Sheriff of Maricopa County, Arizona, et. al.,
22
Defendants.
23

24
Attached hereto as Exhibit A is the stipulated plan that representatives for Sheriff
25

26 Penzone, Plaintiffs and Plaintiff-Intervenors have been working on in response to the


27 Courts July 27, 2017, Order (Document 2094) which stated:
28

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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
5
parties do not agree.
6
The parties, to make sure they had the Plan to the Court and Monitor in plenty of
7

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
10
asked to submit the plan no later than September 12, 2017, in the manner ordered by the
11
Court. The stipulated Plan was forwarded to the Monitor by close of business on
12

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
15
prepare this stipulated plan, which includes the target dates set forth therein and a strategy
16
on moving forward. The parties request that the Court approve this Plan as submitted,
17

18 though the parties understand that the Court may want to obtain input from the Monitor.

19 RESPECTFULLY SUBMITTED this 21st day of September, 2017.


20 WILLIAM G. MONTGOMERY
MARICOPA COUNTY ATTORNEY
21

22 BY: /s/ Joseph I. Vigil


JOSEPH I. VIGIL, ESQ.
23 Attorneys for Defendant Paul Penzone
24 BY: /s/ Maureen Johnston
Paul Killebrew (LA Bar No. 32176)
25 Special Counsel
Cynthia Coe (DC Bar No. 438792)
26 Matthew J. Donnelly (IL Bar No.
6281308)
27 Maureen Johnston (WA Bar No. 50037)
28

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Case 2:07-cv-02513-GMS Document 2120 Filed 09/21/17 Page 3 of 3

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

6 BY: /s/ Brenda Munoz Furnish


Cecillia D. Wang (Pro Hac Vice)
7 ACLU Foundation
Immigrants Rights Project
8
Kathleen E. Brody
9 Brenda Muoz Furnish
Kathryn L. Huddleston
10 ACLU Foundation of Arizona

11 Anne Lai (Pro Hac Vice)

12 Stanley Young (Pro Hac Vice)


Tammy Albarran (Pro Hac Vice)
13 Lauren E. Pedley (Pro Hac Vice)
Covington & Burling, LLP
14
Julia Gomez (Pro Hac Vice)
15 Mexican American Legal Defense and
Educational Fund
16
James B. Chanin (Pro Hac Vice)
17 Attorneys for Plaintiffs

18

19

20
CERTIFICATE OF SERVICE
21
I hereby certify that on September 21, 2017, I caused the foregoing document to be
22
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.
24
/s/ Nicole Anderson
25 \\Valley\public\CIVIL\CIV\Matters\CJ\2007\Melendres CJ07-0269\Pleadings\Word\Stip Regarding Paragrpah 70 Plan 09132017.docx

26
27

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Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 1 of 18

6
UNITED STATES DISTRICT COURT
7

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.
20
21
Exhibit(s):
22
A) Sheriff Penzone, Plaintiffs and Plaintiff-Intervenors Stipulated Plan
23 per the Courts July 27, 2017, Order (Document 2094).
24

25

26
27

28

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10

11

12

13

14

15

16

17

18

19

20
21

22 EXHIBIT A
23

24 Sheriff Penzone, Plaintiffs and Plaintiff-Intervenors


25 Stipulated Plan per the Courts July 27, 2017, Order
26 (Document 2094).
27

28

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Maricopa County Sheriffs Office


Plan to Promote Constitutional Policing

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Organization and Accountability

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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Goal 1. Implementing an effective Early Identification System with supervisor discussions.


MCSOs Early Intervention Unit and Patrol Commanders will establish and deliver non-disciplinary conversations
and interventions between patrol deputies and supervisors to discuss promotion of fair and impartial policing.

Purpose Intermediate Steps

An effective Early Sample of Steps Taken to Date


Identification System allows Through Technical Assistance, developed Supervisor Discussion methodology.
supervisors to devise specific,
constructive supervisory Implemented Supervisor Discussions test group by July 13, 2017 with supervisor
discussions for their orientation, providing supervisors with skills to successfully conduct employee discussions.
employees based on data Upcoming Deadlines
about the employees conduct.
The EIS system should be Early Intervention Unit will refine Supervisor Discussions based on test group
used to identify patterns and experience, with input through Technical Assistance, and prepare to begin the next set of
practices agency-wide. It is supervisor discussions by September 27, 2017.
not a tool for discipline, but a Early Intervention Unit and Training and Development Division have developed and
supervision tool designed for will deliver training on Early Identification System by November 1, 2017.
identifying employees who
Early Intervention Unit will develop a liaison program and/or regular, internal town
would benefit from one-on-
halls to address supervisors questions about the Early Identification System by January 10,
one instruction. The system is
2018.
also used to track
commendable deputy actions. Steps Beyond the Next Two Quarters
MCSO selects patrol deputies Early Intervention Unit will refine Supervisor Discussion format with feedback from
for participation in supervisors and deputies from the test group, next set, and later discussions.
supervisory discussions based Early Intervention Unit will refine Early Identification System functionality based on
on the descriptive analysis of supervisors feedback.
traffic stop data.

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Goal 2. Evaluating supervisors performances.


MCSO will ensure that supervisors are held accountable for deputy outcomes through the Employee Performance
Appraisal process.

Purpose Intermediate Steps

MCSO can encourage its Sample of Steps Taken to Date


supervisors to take an active role Published new Employee Performance Appraisal policy and provided training to
in deputy development by
ensure supervisors properly evaluate employees.
conditioning favorable Employee
Performance Appraisals on deputy Upcoming Deadlines
outcomes. Supervisors should not Beginning by October 11, 2017, Enforcement Commanders will provide guidance
focus exclusively on quantitative during monthly captains meetings to ensure Blue Team notes and Employee
outcomes, but should also Performance Appraisals about supervisors contain adequate information tied to deputy
emphasize constitutional and outcomes.
community-oriented policing.
This will foster open and honest For example, once per quarter, Enforcement Commanders will provide
dialogue and ensure that MCSO examples of Blue Team notes entered by a lieutenant about a sergeant that covers
personnel view constitutional the sergeants efforts to address a deputys monthly Early Identification System
policing as an essential component alerts. This will include examples of both corrective interventions where needed,
of good law enforcement. and also positive examples reinforcing constitutional policing, in either case with
in-depth notes that offer tailored and constructive feedback, and set clear goals and
For example, a patrol sergeants timelines.
Employee Performance Appraisal
should address the supervisory For example, once per quarter, Enforcement Commanders will distribute
work she performed to address a examples of Employee Performance Appraisals that synthesize the Blue Team
deputys monthly Early notes to look for trends in supervisors efforts across leadership ranks to address
Identification System alerts, monthly Early Identification System alerts.
including whether the quality of Steps Beyond the Next Two Quarters
the sergeants discussions matched After completion of the 2018 annual Employee Performance Appraisals, Patrol
trends in the deputys performance
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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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Goal 3. Enhanced implicit bias training.


MCSO will provide deputies and supervisors with enhanced cultural competency and implicit bias training and roll
call briefings based on trends in traffic stop data.

Purpose Intermediate Steps

MCSO will provide deputies Sample of Steps Taken to Date


with enhanced training and Selected MCSO personnel from the Training and Development Division and Court
roll call briefings on implicit
Implementation Division attended implicit bias training held by the Los Angeles County
bias. The topics for these
Sheriffs Department.
materials will be based on the
inferential analysis of traffic MCSOs 2017 Annual Combined Training on Fair and Impartial Policing and the
stop data. Fourth and Fourteenth Amendments has re-emphasized the importance of understanding
and addressing implicit bias.
The most recent annual study
concluded that Latino drivers Upcoming Deadlines
were more likely to be Enforcement Commanders will carve out time during monthly captains meetings to
arrested than white drivers. share successful and unsuccessful strategies to address implicit bias by October 11, 2017.
The study also concluded that
Latino drivers were more MCSOs patrol supervisors will deliver roll call briefings on implicit bias topics, with
likely to be searched than roll out beginning by October 11, 2017.
white drivers, without a For example, the first roll call briefing will include a video developed by the
corresponding increase in U.S. District Court for the Western District of Washington on unconscious bias,
seizure of contraband. helpfully suggested by the Civil Rights Division of the U.S. Department of Justice.
Because these conclusions Enhancements to the 2017 Annual Combined Training:
held true for other racial and
Training and Development Division will create and incorporate implicit bias
ethnic minorities, MCSO will
training, seeking contributions from community members and community organizations
develop enhanced materials on
by November 8, 2017.
implicit bias.
Training and Development Division will deliver 2017 Annual Combined
In some cases, the materials
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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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Goal 4. Enhanced fair and impartial decision-making training.


MCSO will develop training and roll call briefing that addresses lawful factors to rely on when taking discretionary
law enforcement action and the importance of the guardian mindset. The training and roll call briefing will also
emphasize the idea that fair and impartial decision-making, and thus public safety, is promoted by working
collaboratively with the local community.

Purpose Intermediate Steps

MCSO also seeks to build resources Sample of Steps Taken to Date


for training and roll call briefings on Annual training applies fair and impartial policing principles in Fourth
discretionary law enforcement Amendment contexts to improve deputy decision-making.
actions while emphasizing the
guardian mindset. Academy training contains a 6-hour block on ethics and professionalism and 16
hours of Blue Courage, focusing on the guardian mindset and service to the
For example, traffic stop data has
community, and constitutional policing as a critical component of effective law
indicated that certain races and
enforcement.
ethnicities, including Latinos, are
more likely to be searched by Policy requires deputies to memorialize acknowledgment for consent search
MCSO deputies as a result of traffic (either written or on body worn camera recording).
stops, without a corresponding Upcoming Deadlines
increase in seizure of contraband.
The annual traffic stop study noted Enforcement Commanders will carve out time during monthly captains
the importance of deputy discretion meetings to share successful and unsuccessful strategies to promote fair and impartial
in the bias analysis. discretionary decision-making by October 11, 2017.
To address this issue, MCSO will Training and Development Division and Patrol Commanders will develop
develop training and/or roll call materials for training and/or roll call briefings that reinforce the importance of fair and
briefings that focus on warrantless impartial decision-making based on (a) traffic stop data, (b) supervisory feedback, or
consent searches. MCSO chose (c) community input. For example:
those searches for analysis because, The first training/roll call briefing addresses the issue of certain deputies
compared to other types of improperly marking a drivers post-stop race/ethnicity as white when the body
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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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Goal 5. Enhanced training on cultural competency and community perspectives on policing.


MCSO will provide deputies and supervisors with enhanced cultural competency training and roll call briefings
based on community input.

Purpose Intermediate Steps

MCSO will provide deputies with Sample of Steps Taken to Date


enhanced training and roll call briefings District 6 brought two subject matter experts in from academia to address
on cultural competency, emphasizing
deputies on current issues in cultural awareness.
community perspectives on policing. The
topics for these materials will be based on MCSOs 2017 Annual Combined Training on Fair and Impartial Policing
community input. and the Fourth and Fourteenth Amendments has re-emphasized the importance
of cultural competency.
The most recent annual study concluded
that Latino drivers were more likely to be Upcoming Deadlines
arrested than white drivers. The study Enforcement Commanders will carve out time during regularly scheduled
also concluded that Latino drivers were monthly captains meetings to share successful and unsuccessful strategies to
more likely to be searched than white promote cultural competency, focusing on gaining an understanding of
drivers, without a corresponding increase community perspectives on policing, by October 11, 2017.
in seizure of contraband. Based on these
findings, MCSO will develop cultural MCSO will consult with experts on cultural competency and the role of
competency training and/or roll call community engagement in provision of fair and impartial policing.
briefings that focus on the Latino Enhancements to the 2017 Annual Combined Training:
community.
Training and Development Division will incorporate cultural
And because these conclusions held true competency training in train the trainer event for 2017 Annual Combined
for other racial and ethnic minorities, Training, seeking contributions from community members and community
MCSO will also develop enhanced organizations by November 8, 2017.
materials focusing on improving delivery
Training and Development Division will deliver 2017 Annual
of fair and impartial policing to other
Combined Training with section on cultural competency reinforced by
communities.

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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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Goal 6. Improving traffic stop data collection and analysis.


MCSOs Early Intervention Unit, Technology Bureau, and Patrol Commanders will assess MCSOs traffic stop
data collection to ensure data collection is accurate and the nuances of deputy discretion are captured. MCSO will
also implement metrics to evaluate improvement and success.

Purpose Intermediate Steps

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.

As the data collection becomes more robust, Upcoming Deadlines


the data analysis will also provide MCSO Early Intervention Unit and Technology Bureau will review and assess
with metrics to measure the effectiveness of all remaining suggestions to improve data collection, with recommendations
this plan. For example, MCSO will track the made by December 13, 2017.
effectiveness of trainings and roll call Early Intervention Unit and Patrol Commanders will study what data is
briefings by comparing before-and-after data necessary to have a more nuanced understanding of deputy discretion (e.g.,
in the quarterly analyses. instances where deputy has no discretion regarding arrest per state law, like
a warrant), with a recommended list of additional data points produced by
February 14, 2018.
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Goal 7. Encouraging and commending employees performance and service to community.


MCSO will establish internal processes for commending employees who have contributed to the provision of
constitutional and community-oriented policing services and have fostered a positive relationship with diverse
communities. These commendations can include deputies who have been identified by supervisors as having
compiled a positive record of constitutional policing or positive engagement with communities served on patrol,
and sergeants who have had particular success in carrying out interventions on EIS alerts, or who have a record of
positive, hands-on supervision.

Purpose Intermediate Steps

MCSO seeks to commend Sample of Steps Taken to Date


employees who have Established Computer Aided Dispatch code to track deputy involvement in community
performed in exemplary ways, engagement.
particularly in the provision of
constitutional and community- Upcoming Deadlines
oriented policing services. Community Outreach Division and Enforcement Commanders will establish
Taking into account different guidelines for supervisors to track employees who have made exemplary contributions to
employment circumstances in MCSOs mission to provide constitutional and community-oriented policing by January 10,
the Office, including 2018.
assignment and shift, MCSO
will set guidelines for tracking Community Outreach Division and Enforcement Commanders will establish
outstanding deputies. Those guidelines for deputy involvement in non-enforcement community interactions on quarterly
guidelines will support a new and annual basis, including appropriate supervisory responses, by January 10, 2018.
high-level commendation for Community Outreach Division, Enforcement Commanders, and Human Resources
service to community. Bureau will establish a high-level commendation for service to community, community
outreach, and leadership to promote community safety, by January 10, 2018. Nomination or
selection process may include input from community members, community groups, and
Community Advisory Board.

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Goal 8. Studying the Peer Intervention Program.


Explore development of a peer intervention program modeled along the New Orleans Police Departments EPIC
program, which empowers and gives officers the strategies and tools they need to step in and prevent problems
before they occur; and then protects those officers who have the courage to apply those strategies and tools in the
field. A key purpose of the peer intervention program will be to reinforce an agency culture and mission in which
an attitude of service to the community and provision of constitutional policing services are seen as a critical
component of good law enforcement.

Purpose Intermediate Steps

MCSO seeks to promote the Upcoming Deadlines


guardian mindset, a culture of By October 11, 2017, Enforcement Commanders will form a task force to explore
leadership across ranks, and implementation of peer intervention program. The Task Force will:
collaborative community
policing. Toward that end, contact leadership with NOPDs EPIC program to learn about program;
MCSO commits to studying consult other outside subject matter experts to facilitate understanding of
how employees could benefit program; and
from a peer intervention
collect and review literature on the program.
program that stops problems
before they occur. By February 14, 2018, Peer Intervention Program Task Force will develop a report and
recommendation on EPIC program. At a minimum, the Task Forces report will address:
program feasibility given Countys geography and MCSOs staffing; and
projected resource requirements.
Steps Beyond the Next Two Quarters
Enforcement Commanders will evaluate Task Forces report and recommendation.

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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.

Purpose Intermediate Steps

MCSO will implement personnel Sample of Steps Taken to Date


practicesin recruitment, hiring, Completed nationwide search for new Human Resources Director who holds vision
and screening of existing consistent with MCSOs fair and impartial policing values.
personnelthat will result in a
workforce that believes Upcoming Deadlines
wholeheartedly in constitutional Human Resources Bureau will develop a comprehensive Recruitment Plan,
policing and a vision of including (a) identification of target communities for enhanced recruitment efforts
community safety that is shared (sourcing), (b) development of an employer branding message that will be attractive to
by Maricopa Countys diverse diverse applicants and applicants who believe in constitutional and community-oriented
population. These personnel policing, (c) building relationships with cultural groups and organizations that work with
practices will emphasize diverse communities, and (d) establishing partnerships with local high schools,
MCSOs commitment to provide community colleges, and universities that serve the Latino community and other
law enforcement services by historically marginalized communities. Plan to be developed and implementation to
collaborating with the begin by December 13, 2017.
community to define public
safety. To encourage a bilingual workforce:
MCSO seeks to develop and Human Resources Bureau will study and recommend ways to incentivize
nurture an inclusive culture that employees to learn Spanish through tuition reimbursement, commendation, and/or
supports the professional growth notation on EPA by November 8, 2017.
and retention of employees from Human Resources Bureau will explore opportunities for outside grants to pay
diverse backgrounds. for employee certification in Spanish by November 8, 2017, recognizing that grant

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funding will be pursued on a rolling basis beginning in January 2017.


By January 10, 2018, the Community Outreach Division will work with the
Community Advisory Board to assist in measuring the agencys approval rating in the
community.
By February 14, 2018, Human Resources Bureau will develop an annual employee
survey, measuring (among other interests) attitudes toward MCSOs reform efforts and
the level of inclusion experienced by MCSO employees.
Steps Beyond the Next Two Quarters
Human Resources Bureau will assess the effectiveness of its Recruitment Plan based
on recruitment and hiring data.
Human Resources Bureau will assess and implement results of 2017 study on
bilingual initiatives and implement feasible programs or initiatives.
Pre-Employment Services Division will highlight bilingual skills incentive program
during recruiting.
Human Resources Bureau will implement the annual survey in Second Quarter 2018
and analyze the surveys results.
By April 2018, the Human Resources Bureau will identify outside expert(s) to assist
in developing screening tools to identify (a) prospective candidates and (b) current
employees who do not share the Offices mission of providing constitutional policing
services, including formulation of plans for addressing attitudes in current employees.

16
Case 2:07-cv-02513-GMS Document 2120-2 Filed 09/21/17 Page 1 of 1

6 UNITED STATES DISTRICT COURT


7 DISTRICT OF ARIZONA
8

9 Manuel De Jesus Ortega Melendres, on behalf No. CV-07-2513-PHX-GMS


of himself and all others similarly situated;
10 et. al.,
[PROPOSED] ORDER
11 APPROVING MARICOPA
Plaintiffs, COUNTY SHERIFFS OFFICES
12 PARAGRAPH 70 PLAN
and
13
United States of America,
14
Plaintiff-Intervenor,
15
v.
16
Paul Penzone, in his official capacity as
17 Sheriff of Maricopa County, Arizona, et. al.,

18 Defendants.

19

20 The Court, having received and reviewed the Stipulation Pertaining to


21
Maricopa County Sheriffs Offices Paragraph 70 Plan,
22
IT IS HEREBY ORDERED that the Court approves this Plan.
23

24 DATED this ____ day of September, 2017.

25 ___________________________
Honorable G. Murray Snow
26
27

28