Department of Justice Investigation of the Phoenix Police: The Role of the Consent Decree

PHOENIX — For more than two years, Justice Department investigators have been examining Phoenix police officers’ use of force, alleged retaliation against protesters, treatment of the homeless population and other performance issues.

The results of the investigation will likely go to trial, with Phoenix officials opposing all or some of the Justice Department’s recommendations.

Any findings from the investigation may come as a surprise to Phoenix officials – they were not allowed to preview them. Under Justice Department guidelines, the board could only get a view of the arrangements if it agreed in principle to enter into a consent decree under the supervision of a third-party monitor enforcing the agreement.

Phoenix officials will get their first look at the case this morning. The police union has already convened a new conference.

A consent decree is an agreement between two parties that acts as a legally binding plan to improve performance.

“When the government sues a person or company and the defendant agrees to put an end to its illegal conduct, the government may agree not to pursue the case and the court approves and enters a consent decree,” according to Cornell Law.

Over the past three decades, the federal government has frequently used consent decrees to overhaul police departments across the country. The decrees outline certain actions departments should take to avoid lawsuits from the federal government.

RELATED: 5 things the feds are investigating the Phoenix Police Department for

Under Clinton, Pittsburgh became the first U.S. city to pass a consent decree in 1997. The agreement lasted until 2002 and required changes to the Pittsburgh Police Department’s traffic stops, searches and training methods.

The effects of a consent decree can vary significantly.

Reforms implemented by Cincinnati in the early 2000s were successful and are often considered a model for the consent decision process. Other cities have either failed with consent decrees or have seen much slower progress. For example, the Oakland Police Department has been under federal supervision since 2003. New Orleans has been under a consent decree issued by the Department of Justice since 2013.

In the Phoenix case, the consent decree required the city to make specific changes to the way police work was done.

RELATED: Justice Department denies Phoenix leaders’ request to see results of police investigation

The Monitor serves as an independent endorser of the jurisdiction’s commitment to resolve issues uncovered by the investigation. The selection of monitors is made through intensive negotiations between the parties, who enter into a consent decree and with the approval of the federal court overseeing the contract.

An independent monitor will provide reports on the status of agreed changes.

According to the Department of Justice, process monitoring is intended to ensure jurisdiction compliance within the first five years, with monitors being reviewed every two or three years and all reports expected to be made publicly available.

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