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Tuesday, November 5, 2024

Rep. Montenegro: Phoenix mayor ‘must reject the DOJ’s coercive consent decree’

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Kate Gallego, Phoenix mayor, Rep. Steve Montenegro (R-Ariz.) | Azleg, Facebook

Kate Gallego, Phoenix mayor, Rep. Steve Montenegro (R-Ariz.) | Azleg, Facebook

Rep. Steve Montenegro (R-Ariz.) has joined forces with fellow Arizona House Republicans to pen a letter urging Phoenix Mayor Kate Gallego to reject any prospective consent decrees proposed by the Department of Justice (DOJ). This plea comes in the wake of a two-year DOJ investigation into the Phoenix police department.

In a statement, Rep. Montenegro emphasized, "To preserve Arizona's sovereignty consistent with our state constitution, you must reject the DOJ's coercive consent decree."

The investigation into the Phoenix Police Department and the City of Phoenix was initiated in 2021. According to a press release from the U.S. Department of Justice Office of Public Affairs, its purpose was to "assess all types of use of force by PhxPD officers, including deadly force." The probe also sought to ascertain whether there were instances of retaliatory activity against individuals for First Amendment-protected conduct; discriminatory policing; and unlawful seizure or disposal of belongings belonging to homeless individuals.

On Monday, this group of legislators forwarded their letter to Mayor Gallego in anticipation of the investigation's outcomes. As reported by AZ Central, they expressed concerns that the city might be issued a consent decree—a legal order transferring control of the department to the DOJ. The primary objective of such a decree is to halt or restrict use of force while promoting accountability within the police department, ultimately leading to long-term policy reform.

AZ Central further reports that if Phoenix receives a consent decree, law enforcement would fall under federal supervision aimed at overseeing progress on reforms. Should the city decline such a decree, it could face legal battles and become the largest U.S. city ever to reject a consent decree.

According to a press release from the Arizona House of Representatives, lawmakers wrote in their letter: "As you know, the DOJ has used consent decrees to remove local control from police departments in metropolitan cities across the United States." They argued that ceding local control of these agencies to the federal government has had disastrous consequences for public safety and taxpayers. The lawmakers warned that considering a DOJ consent decree could potentially lead to a massive exodus of police officers at a time when Phoenix's police force is already severely understaffed.

Montenegro, who assumed office in January representing District 29, previously served in both the Arizona State Senate and the Arizona House of Representatives for eight years until 2017. Holding a B.S. in political science from Arizona State University, Montenegro currently serves as the principal of Coronam Consulting, according to Ballotpedia.

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