Melendres, et al. v. Arpaio, et al

Filing 670

AMENDMENTS TO THE SUPPLEMENTAL PERMANENT INJUNCTION/JUDGMENT ORDER - At the status conference held on March 24, 2014, and in a previous order (Doc. 663 App. A) this Court proposed amendments to the Supplemental Permanent Injunction/Judgment Order ( Doc. 606 ). The parties were given an opportunity to respond in writing and at the April 2, 2014, status conference. As a result of those conferences, the Court orders the following amendments to the Supplemental Permanent Injunction/Judgment Order (Doc. 606). Signed by Judge G Murray Snow on 4/4/2014. (See Document for full details.)(KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Manuel de Jesus Ortega Melendres, on
behalf of himself and all others similarly
situated; et al.,

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Plaintiffs,

No. CV-07-02513-PHX-GMS
AMENDMENTS TO THE
SUPPLEMENTAL PERMANENT
INJUNCTION/JUDGMENT ORDER

v.
Joseph M. Arpaio, in his individual and
official capacity as Sheriff of Maricopa
County, AZ; et al.,

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Defendants.

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At the status conference held on March 24, 2014, and in a previous order (Doc.

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663 App. A) this Court proposed amendments to the Supplemental Permanent Injunction/

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Judgment Order (Doc. 606). The parties were given an opportunity to respond in writing and at

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the April 2, 2014, status conference. As a result of those conferences, the Court orders the

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following amendments to the Supplemental Permanent Injunction/Judgment Order (Doc. 606).

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This amendment order presents only the paragraphs with changes. All other

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paragraphs not mentioned shall remain the same. Unchanged language is presented in

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normal font. Additions are indicated by underlined font. Deletions are indicated by

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crossed-out font. Where an entire paragraph has been removed, that is indicated with

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brackets, but the numbering remains unchanged. For example: “108. [REMOVED]”.

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PROPOSED AMENDMENTS
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REMEDIES

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I.
1.

DEFINITIONS

The following terms and definitions shall apply to this Order:

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“Full and Effective Compliance” means compliance with all relevant provisions of

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this Order. The Defendants shall begin to be in Full and Effective Compliance with

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this Order when all of the following have been both completed and consistently

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maintained:

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xvii.

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[REMOVED] The MCSO has developed and implemented a

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community outreach program pursuant to Paragraphs 107–112 of this

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Order.
xviii. [REMOVED] The MCSO has selected or hired a Community Liaison

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Officer pursuant to Paragraphs 113–114 of this Order.

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xix.

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[REMOVED] The MCSO has worked with Plaintiffs’ representatives

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and community representatives and created a Community Advisory Board

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pursuant to Paragraphs 115–116 of this Order.
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VI.

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PRE-PLANNED OPERATIONS

38.

If the MCSO conducts any Significant Operations or Patrols involving 10 or more MCSO

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Personnel excluding posse members, it shall create the following documentation and

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provide it to the Monitor and Plaintiffs within 30 10 days after the operation:

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....

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39.

The MCSO Monitor shall hold a community outreach meeting no more than 30 40 days

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after any Significant Operations or Patrols in the affected District(s). MCSO shall work

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with the Community Advisory Board to ensure that the community outreach meeting

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adequately communicates information regarding the objectives and results of the

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operation or patrol. The Monitor shall communicate the operational details provided to it

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by the MCSO and shall hear any complaints or concerns raised by community members.

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The Monitor may investigate and respond to those concerns. The community outreach

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meeting shall be advertised and conducted in English and Spanish.

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XII.

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a.

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107.

COMMUNITY ENGAGEMENT

Community Outreach Program

To rebuild public confidence and trust in the MCSO and in the reform process, the

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MCSO Monitor shall work to improve community relationships and engage

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constructively with the community during the period that this Order is in place. To this

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end, the MCSO shall create the following district community outreach program.

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108.

[REMOVED] Within 180 days of the Effective Date, MCSO shall develop and

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implement a Community Outreach and Public Information program in each MCSO

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District.

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109.

As part of its Community Outreach and Public Information program, the MCSO The

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Monitor shall hold a public meeting in each of MCSO’s patrol Districts within 90 180

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days of the Effective Date issuance of this amendment to the Order, and at least between

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one and three meetings in each of MCSO’s patrol Districts annually thereafter. The

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meetings shall be under the direction of the Monitor and/or his designee. These meetings

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shall be used to inform community members of the policy changes or other significant

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actions that the MCSO has taken to implement the provisions of this Order. Summaries

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of audits and reports completed by the MCSO pursuant to this Order shall be provided.

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The MCSO Monitor shall clarify for the public at these meetings that it the MCSO does

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not lacks the authority to enforce immigration laws except to the extent that it is

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enforcing Arizona and federal criminal laws.

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110.

The meetings present an opportunity for MCSO representatives the Monitor to listen to

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community members’ experiences and concerns about MCSO practices implementing

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this Order, including the impact on public trust. MCSO representatives shall make

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reasonable efforts to address such concerns during the meetings and afterward. The

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Monitor may investigate and respond to those concerns. To the extent that the Monitor

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receives concerns at such meetings that are neither within the scope of this order nor

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useful in determining the Defendants’ compliance with this order, it may assist the

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complainant in filing an appropriate complaint with the MCSO.

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111.

English- and Spanish-speaking MCSO Monitor Personnel shall attend these meetings and

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be available to answer questions from the public about its publicly available reports

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concerning MCSO’s implementation of this Order and other publicly-available

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information. At least one MCSO Supervisor with extensive knowledge of the agency’s

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implementation of the Order, as well as the Community Liaison Officer (described

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below) shall participate in the meetings. The Monitor may request Plaintiffs’ and/or

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Defendants’ representatives shall be invited to attend such meetings and assist in

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answering inquiries by the community. The Defendants are under no obligation to attend

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such meetings, but to the extent they do not attend such meetings after being requested by

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the Monitor to do so, the Monitor may report their absence to the public and shall report

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their absence to the Court.

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112.

The meetings shall be held in locations convenient and accessible to the public. At least

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one week ten days before such meetings, the MCSO Monitor shall widely publicize the

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meetings using English and Spanish-language television, print media and the internet.

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The Defendants shall either provide a place for such meetings that is acceptable to the

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Monitor, or pay the Monitor the necessary expenses incurred in arranging for such

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meeting places. The Defendants shall also pay the reasonable expenses of publicizing the

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meetings as required above, and the additional reasonable personnel and other expenses

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that the Monitor will incur as a result of performing his obligations with respect to the

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Community Outreach Program. If the Monitor determines there is little interest or

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participation in such meetings among community members, or that they have otherwise

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fulfilled their purpose, he can file a request with the Court that this requirement be

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revised or eliminated.

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b.

Community Liaison Officer Monitor

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113.

[REMOVED] Within 90 days of the Effective Date, MCSO shall select or hire a

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Community Liaison Officer (“CLO”) who is a sworn Deputy fluent in English and

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Spanish. The hours and contact information of the CLO shall be made available to the

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public including on the MCSO website. The CLO shall be directly available to the public

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for communications and questions regarding the MCSO.

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114.

In addition to the duties set forth in Title XIII of this order, The CLO the Monitor shall

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have the following duties in relation to community engagement:

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a. to coordinate the district community meetings described above in Paragraphs 109 to
112;

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b. to provide administrative support for, coordinate and attend meetings of the

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Community Advisory Board described in Paragraphs 117 to 118; and

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c. to compile any Complaints, concerns and suggestions submitted to CLO him by

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members of the public about the implementation of this Order and the Court’s order

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of December 23, 2011, and its findings of fact and conclusions of law dated May 24,

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2013, even if they don’t rise to the level of requiring formal action by IA or other

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component of the MCSO, and to respond to Complainants’ concerns;
d. [REMOVED] to communicate concerns received from the community at regular

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meetings with the Monitor and MCSO leadership; and

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e. [REMOVED] to compile concerns received from the community in a written report

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every 180 days and share the report with the Monitor and the Parties.

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c.

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115.

Community Advisory Board

MCSO The Monitor and Plaintiffs’ representatives shall work with community

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representatives to create a Community Advisory Board (“CAB”) to facilitate regular

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dialogue between the MCSO Monitor and community leaders, and to provide specific

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recommendations to MCSO about policies and practices that will increase community

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trust and ensure that the provisions of this Order and other orders entered by the Court in

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this matter are met.

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116.

The CAB shall have six three members, three to be selected by the MCSO and three to be

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selected by Plaintiffs’ representatives. Members of the CAB shall not be MCSO

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Employees or any of the named class representatives, nor any of the attorneys involved in

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this case. However, a member of the MCSO Implementation Unit and at least one

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representative for Plaintiffs shall attend every meeting of the CAB. The CAB shall

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continue for at least the length of this Order.

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117.

The CAB shall hold public meetings at regular intervals of no more than four months.

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The meetings may be either public or private as the purpose of the meeting dictates, at the

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election of the Board. The Defendants shall either provide a suitable place for such

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meetings that is acceptable to the Monitor, or pay the Monitor the necessary expenses

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incurred in arranging for such a meeting place. The Defendants shall also pay to the

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Monitor the additional reasonable expenses that he will incur as a result of performing his

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obligations with respect to the CAB including providing the CAB with reasonably

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necessary administrative support. The meeting space shall be provided by the MCSO.

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The CLO Monitor shall coordinate the meetings and communicate with Board members,

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and provide administrative support for the CAB.

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118.

During the meetings of the CAB, members will relay or gather concerns from the

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community about MCSO practices that may violate the provisions of this Order and the

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Court’s previous injunctive orders entered in this matter and make reasonable efforts to

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address such concerns. and transmit them to the Monitor for his investigation and/or

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action. Members will may also hear from MCSO Personnel on matters of concern

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pertaining to the MCSO’s compliance with the orders of this Court.

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XIII. INDEPENDENT MONITOR AND OTHER PROCEDURES REGARDING

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ENFORCEMENT

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b.

Role of the Monitor

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126.

The Monitor shall be subject to the supervision and orders of the Court, consistent with

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this Order. The Monitor shall have the duties, responsibilities and authority conferred by

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the Court and this Order, including, but not limited to: (1) reviewing the MCSO Patrol

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Operations Policies and Procedures provided for by this Order and making

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recommendations to the Court regarding the same; (2) reviewing a protocol with the

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Parties to ensure that any Significant Operations conducted by the MCSO are conducted

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in a race-neutral fashion; (3) reviewing the curriculum, materials and proposed instructors

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for Training required by this Order; (4) reviewing the collected traffic stop data and the

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collected Saturation Patrol data to determine whether the data required to be gathered by

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this Order is, in fact, being collected by the MCSO; (5) reviewing protocols regarding the

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collection, analysis, and use of such data and determining whether the MCSO is in

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compliance with those protocols; (6) reviewing the collected data to determine whether,

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in the opinion of the Monitor, MCSO is appropriately reviewing the collected data to

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determine possible isolated or systemic racial profiling occurring, and if so, reporting the

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factual basis supporting that judgment to the Parties and the Court; (7) evaluating the

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effectiveness of the MCSO’s changes in the areas of supervision and oversight and

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reporting the same to the parties and the Court; (8) reviewing the corrective action taken

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by the MCSO concerning any possible violations of this Order or MCSO policy and

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procedures and reporting the same to the parties and the Court; (9) evaluating the

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MCSO’s providing engagement with the communities affected by its the activities as set

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forth by this Order; and (10) assessing the MCSO’s overall compliance with the Order.

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c.

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136.

Monitoring Plan and Review Methodology

In conducting the outcome assessments, the Monitor should measure not only the

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MCSO’s progress in implementing the provisions of this Order, but the effectiveness of

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the reforms. To do so, the Monitor shall take into account the following performance-

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based metrics and trends:

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i. disciplinary outcomes for any violations of departmental policy; and

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j. whether any Deputies are the subject of repeated misconduct Complaints, civil suits,
or criminal charges, including for off-duty conduct; and

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k. [REMOVED] the level of MCSO engagement and participation with the community

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advisory board;

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f.

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141.

Public Statements, Testimony, Records, and Conflicts of Interest

Except as required or authorized by the terms of this Order or the Parties acting together:

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neither the Monitor, nor any agent, employee, or independent contractor thereof, shall

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make any public statements, outside of statements to the Court as contemplated in this

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Order, with regard to any act or omission of the Defendants, or their agents,

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representatives, or employees; or disclose non-public information provided to the

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Monitor pursuant to the Order. As required and authorized, the Monitor shall conduct the

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public community outreach meetings provided in this order and the CAB meetings. Any

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press statement made by the Monitor regarding its employment or monitoring activities

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under this Order shall first be approved by the Parties.

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End of amendments.

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IT

IS

THEREFORE

ORDERED

amending

the

Supplemental

Permanent

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Injunction/Judgment Order (Doc. 606) as indicated above. The Court’s injunctions of December

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23, 2011; May 24, 2013; and October 2, 2013 shall remain permanent as amended by this Order

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until and unless specifically dissolved or modified by the Court or an appellate court of

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competent jurisdiction.

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IT IS FURTHER ORDERED that this Order is an appealable final judgment. The Clerk
of Court is directed to enter judgment accordingly.

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IT IS FURTHER ORDERED that this Court retains jurisdiction over this case for the

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purposes of implementing the October 2, 2013, Supplemental Permanent Injunction/Judgment

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Order (Doc. 606) and these amendments to it.

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Dated this 4th day of April, 2014.

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