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

1
 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

2
 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

28

3
 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

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

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

2
Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 3 of 18

Maricopa County Sheriffs Office

Plan to Promote Constitutional Policing

1
 Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 4 of 18

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.

2
 Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 5 of 18

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

3
 Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 6 of 18

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
in deputy development by
conditioning favorable Employee
Performance Appraisals on deputy Upcoming Deadlines
outcomes. Supervisors should not
focus exclusively on quantitative
outcomes, but should also
emphasize constitutional and
community-oriented policing.
This will foster open and honest
dialogue and ensure that MCSO
personnel view constitutional
policing as an essential component
of good law enforcement.
For example, a patrol sergeants
Employee Performance Appraisal
should address the supervisory
work she performed to address a
deputys monthly Early
Identification System alerts,
including whether the quality of
the sergeants discussions matched
trends in the deputys performance
Published new Employee Performance Appraisal policy and provided training to
ensure supervisors properly evaluate employees.
Beginning by October 11, 2017, Enforcement Commanders will provide guidance
during monthly captains meetings to ensure Blue Team notes and Employee
Performance Appraisals about supervisors contain adequate information tied to deputy
outcomes.
For example, once per quarter, Enforcement Commanders will provide
examples of Blue Team notes entered by a lieutenant about a sergeant that covers
the sergeants efforts to address a deputys monthly Early Identification System
alerts. This will include examples of both corrective interventions where needed,
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
timelines.
For example, once per quarter, Enforcement Commanders will distribute
examples of Employee Performance Appraisals that synthesize the Blue Team
notes to look for trends in supervisors efforts across leadership ranks to address
monthly Early Identification System alerts.
Steps Beyond the Next Two Quarters
After completion of the 2018 annual Employee Performance Appraisals, Patrol
4
 Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 7 of 18

and whether the deputys law
enforcement activities comport
with constitutional and MCSO
policy standards and demonstrate
positive community-oriented
policing.
Commanders will address any recommended changes (if necessary) to the Employee
Performance Appraisal process at the monthly captains meeting, including any
recommendations to policy or training. Additionally, all supervisors will be encouraged
to send a memorandum through the chain of command with suggestions.

5
 Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 8 of 18

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
roll call briefings on implicit
bias. The topics for these
materials will be based on the
inferential analysis of traffic
stop data.
The most recent annual study
concluded that Latino drivers
were more likely to be
arrested than white drivers.
The study also concluded that
Latino drivers were more
likely to be searched than
white drivers, without a
corresponding increase in
seizure of contraband.
Because these conclusions
held true for other racial and
ethnic minorities, MCSO will
develop enhanced materials on
implicit bias.
In some cases, the materials
Selected MCSO personnel from the Training and Development Division and Court
Implementation Division attended implicit bias training held by the Los Angeles County
Sheriffs Department.
MCSOs 2017 Annual Combined Training on Fair and Impartial Policing and the
Fourth and Fourteenth Amendments has re-emphasized the importance of understanding
and addressing implicit bias.
Upcoming Deadlines
Enforcement Commanders will carve out time during monthly captains meetings to
share successful and unsuccessful strategies to address implicit bias by October 11, 2017.
MCSOs patrol supervisors will deliver roll call briefings on implicit bias topics, with
roll out beginning by October 11, 2017.
For example, the first roll call briefing will include a video developed by the
U.S. District Court for the Western District of Washington on unconscious bias,
helpfully suggested by the Civil Rights Division of the U.S. Department of Justice.
Enhancements to the 2017 Annual Combined Training:
Training and Development Division will create and incorporate implicit bias
training, seeking contributions from community members and community organizations
by November 8, 2017.
Training and Development Division will deliver 2017 Annual Combined
6
 Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 9 of 18
will be delivered as part of a
pilot program to select
districts or squads. In those
circumstances, MCSO will
obtain feedback that will
refine those materials before
possible delivery Office-wide.
In other cases, MCSO will
deliver uniform materials to
all patrol districts.
MCSO will also ensure
supervisors collaborate to
share experiences with
addressing implicit bias.
Steps Beyond the Next Two Quarters
Training with enhanced sections on implicit bias reinforced by participation from
community members beginning by November 8, 2017.
Community Outreach and Training and Development Divisions will develop a
network of community members, community organizations, and academic subject matter
experts interested in addressing MCSO deputies during training and/or roll call briefings
regarding implicit bias by November 8, 2017.
Training and Development Division will develop a curriculum outline for training on
the history and impact of discriminatory policing in Maricopa County as well as other
forms of systemic discrimination in the County that contribute to ongoing marginalization
of some communities, with submission to community members, community organizations,
and academic subject matter experts by December 13, 2017.
Training and Development Division will develop a curriculum on enhanced implicit
bias training, in cooperation with other jurisdictions and outside experts, by February 14,
2018.
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.
7
 Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 10 of 18

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
actions while emphasizing the
guardian mindset.
For example, traffic stop data has
indicated that certain races and
ethnicities, including Latinos, are
more likely to be searched by
MCSO deputies as a result of traffic
stops, without a corresponding
increase in seizure of contraband.
The annual traffic stop study noted
the importance of deputy discretion
in the bias analysis.
To address this issue, MCSO will
develop training and/or roll call
briefings that focus on warrantless
consent searches. MCSO chose
those searches for analysis because,
compared to other types of
Amendment contexts to improve deputy decision-making.
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
community, and constitutional policing as a critical component of effective law
enforcement.
Policy requires deputies to memorialize acknowledgment for consent search
(either written or on body worn camera recording).
Upcoming Deadlines
Enforcement Commanders will carve out time during monthly captains
meetings to share successful and unsuccessful strategies to promote fair and impartial
discretionary decision-making by October 11, 2017.
Training and Development Division and Patrol Commanders will develop
materials for training and/or roll call briefings that reinforce the importance of fair and
impartial decision-making based on (a) traffic stop data, (b) supervisory feedback, or
(c) community input. For example:
The first training/roll call briefing addresses the issue of certain deputies
improperly marking a drivers post-stop race/ethnicity as white when the body
8
 Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 11 of 18

warrantless searches, deputies have
wider discretion to act. Similarly,
MCSO has already developed
training/roll call materials to
address an issue with data
collection: certain deputies
improperly marking a drivers post-
stop race/ethnicity as white
instead of Latino.
The analyses of traffic stop data will
drive the topics addressed by this
training/roll call briefings. So will
suggestions by supervisors based on
their review of traffic stops, made
through the chain of command.
Based on the most recent traffic
stop data, future topics will include
the deputys discretion to cite-and- Steps Beyond the Next Two Quarters
release a suspect, constitutional
search and seizure practices,
permissible and impermissible bases will deliver training and/or roll call briefing on consent searches.
for prolonging of traffic stops, and
the decision to cite or warn a driver. regarding discretionary actions (e.g., cite-and-release for arrest).
The trainings will also emphasize
methods that promote fair and
impartial decision making, such as
supervisor shadowing and deputy
ride-a-longs.
worn camera recording and the context (i.e., drivers surname) indicates the driver
is Latino. MCSO developed supervisor training and a roll call briefing to
emphasize the importance of good faith efforts to identify the post-stop
race/ethnicity of vehicle occupants, with the first briefing conducted by November
8, 2017.
The second set of materials will focus on consent searches during traffic
stops.
Criminal Intelligence Division will analyze traffic stop data and body
worn camera recordings to identify deputies who successfully perform
discretionary searches without relying on unlawful factors by December 13,
2017.
Based on that analysis, Training and Development Division will develop
training on discretionary searches, to begin development by February 14, 2018.
Tech Bureau and Training and Development Division will develop a process for
collecting and sharing Office-wide materials, including catalogue of body worn
camera recordings, for use in training and roll call briefings, by December 13, 2017.
Training and Development Division will complete development of and MCSO
Criminal Intelligence Division will analyze additional traffic stop data for trends
Training and Development Division will review that analysis for development of
additional topics for training and/or roll call briefing materials.
Patrol Commanders will develop a briefing calendar based on Training and
Development Divisions review, supervisors observations, and community input to
identify subject matter material to be reviewed by all districts.

9
 Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 12 of 18

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

10
 Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 13 of 18
In some cases, the materials will be
delivered as part of a pilot program to
select districts or squads. In those
circumstances, MCSO will obtain
feedback that will refine those materials
before possible delivery Office-wide. In
other cases, MCSO will deliver uniform
materials to all patrol districts.
MCSO will also ensure supervisors
collaborate to share experiences with
promoting cultural competency.
Steps Beyond the Next Two Quarters
participation from community members beginning by November 8, 2017.
Community Outreach and Training and Development Divisions will
develop a network of community members, community organizations, and
academic subject matter experts interested in addressing MCSO deputies during
training and/or roll call briefings regarding Latino community perspectives on
policing, and any other minority communities identified by MCSO, by
November 8, 2017.
Community Outreach Division will work with the Community Advisory
Board to obtain community input on the topics of cultural competency and
community perspectives on policing beginning by November 8, 2017.
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.
11
 Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 14 of 18

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
suggested ways MCSO could improve data
collection. MCSO will continue to monitor
the accuracy of data collection and assess
future suggestions.
The annual traffic stop study also noted the
importance of deputy discretion in the bias
analysis. MCSO therefore seeks data
collection focusing on discretionary aspects
of law enforcement for further analysis. By
focusing on deputy discretion, MCSO seeks
to more fully understand deputy decision-
making.
Sample of Steps Taken to Date
Policy and procedures in place to collect, maintain, and analyze traffic
stop data.
Made changes suggested in most recent annual traffic stop report,
including:
Automated collection of data from TraCS.
Data verification system within EIS to track repeated data entry errors
by staff and take corrective action.
Supervisors may reject TraCS forms or initiate changes to data
collection when errors are discovered during routine review/approval of
TraCS forms.

As the data collection becomes more robust, Upcoming Deadlines

the data analysis will also provide MCSO
with metrics to measure the effectiveness of
this plan. For example, MCSO will track the
effectiveness of trainings and roll call
briefings by comparing before-and-after data
in the quarterly analyses.
Early Intervention Unit and Technology Bureau will review and assess
all remaining suggestions to improve data collection, with recommendations
made by December 13, 2017.
Early Intervention Unit and Patrol Commanders will study what data is
necessary to have a more nuanced understanding of deputy discretion (e.g.,
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.
12
 Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 15 of 18

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.

13
 Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 16 of 18

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
leadership across ranks, and
collaborative community
policing. Toward that end,
MCSO commits to studying
how employees could benefit
from a peer intervention
program that stops problems
before they occur.
Steps Beyond the Next Two Quarters
By October 11, 2017, Enforcement Commanders will form a task force to explore
implementation of peer intervention program. The Task Force will:
contact leadership with NOPDs EPIC program to learn about program;
consult other outside subject matter experts to facilitate understanding of
program; and
collect and review literature on the program.
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.
Enforcement Commanders will evaluate Task Forces report and recommendation.

14
 Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 17 of 18

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

15
Case 2:07-cv-02513-GMS Document 2120-1 Filed 09/21/17 Page 18 of 18

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