To:

City of PhoenixCity of Phoenix, City Councilmember'sDistricts One through Eight

Date: March 29, 2010

From: Phillip Roberts, SergeantSouth Mountain Precinct, 41K Squad

Subject: MALFEASANCE AND CORRUPTION WITHIN THE CITY OF PHOENIX POLICEDEPARTMENT

Malfeasance and corruption within the City of Phoenix Police Department is now beingaddressed with the entire City of Phoenix City Council, is there anything more serious inCity Government? As a 24-year veteran and supervisor with the City of Phoenix PoliceDepartment, I know just how serious these ramifications are. I would have not evencontemplated making these alleqations if I did not know have the proof and facts tosubstantiate my claims.

Some members of the City of Phoenix City Council may think that after reading thismemorandum, that my claims may in fact have some validity but it is not any area forthe City Council to intervene. With all due respect, I absolutely feel that the City Councilmust interject itself into these matters, because the City of Phoenix City Manager'sOffice has refused to and remained mute on the subject. They have been unwilling toaddress the any of the issues listed below. Even though factual evidence of racism,sexism, corruption, deceit and cover-ups all exist in the Phoenix Police Department, theCity Manager's Office - Integrity Committee has refused to act, even after being madeaware of the facts in detail.

It's not as if the Integrity Committee did not believe my claims, quite to the contrary.They did acknowledge that it was occurring, but said they did not have the power tostop it. Mr. Randy Spenla, the City of Phoenix City Auditor and a member of theIntegrity Committee, stated to me that the lnteqrity Committee was aware of corruptionand retaliation occurring within the Phoenix Police Department but were powerless tostop it. Mr. Spenla said, "I feel your pain" when I told him that I was being openlyretaliated by the police department for bringing these allegations forward in the firstplace. _Mr. Spenla's advise to me was to launch a civil lawsuit, because it was the onlyway that he knew how to make the City of Phoenix Police Department be heldaccountable for their actions. As a resident of the City of Phoenix I could not disagreemore. There must be some other way than to "throwaway money" on lawsuits.

Now, a major development has occurred that involves the safety of every single man,woman and child living in the City of Phoenix and has placed them in jeopardy. A Cityof Phoenix Police Lieutenant, working in the department's Professional StandardsBureau (PSB - Internal Affairs), is now seeking "Whistleblower" protection to validatethe very same allegations I have been describing now for months.

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His name is Lieutenant Ben Henry and he is in fact an Internal Affairs Lieutenant,working with the Phoenix Police Department. He is in fact seeking "Whistleblower"protection and made this decision just a few days ago after being "fed-up" with thecorruption he was observing in the Phoenix Police Department. However, LieutenantHenry is not seeking "Whistleblower" protection from the City of Phoenix. LieutenantHenry is seeking it from the Arizona Attorney General's Office.

Why would Lieutenant Henry not seek "Whistleblower" protection from the City ofPhoenix? Because as a lieutenant in the Internal Affairs Unit, he is aware of theretaliation that has been occurring against me and knew that I had already requested"Whistleblower" protection for myself, and was turned down by the City of Phoenix.

This is absolutely correct. I too requested "Whistleblower" protection from the CityManager's Office - Integrity Committee and was turned down. In a written letter which Ihave in my possession, the City Attorney, Mr, Gary Verburg stated that he did "notbelieve" that I qualified for "Whistleblower" protection even though my allegationsinvolved racism, EEO retaliation and corruption at the highest levels of the PhoenixPolice Department.

This decision by Mr. Verburg, has now endangered the lives of every single citizen inthe City of Phoenix. How can I make such an outlandish statement to one of the mostpowerful members of city government? I can do that because it is true.

Since August 3,2009, I have written requests to have Lieutenant Laurel (Lauri) Burgettinvestigated for numerous policy violations, including federal EEOC charges. I did nottake these allegations lightly and would not have made them if I did not feel I couldsubstantiate them.

One of these allegations involved the "botched" investigation by Lieutenant Burgettinvolving an illegal alien, attempting to sell as many as 60 hand grenades on the streetsof Phoenix. Make no mistake and do not be swayed by the experts of cover-up (thePhoenix Police Department) this investigation was absolutely "botched" by supervisorson the Phoenix Police Department. It became a news media sensation on bothtelevision and in the newspapers.

At the time, former Assistant City Manager Alton Washington became aware of theincident and was very concerned. Mr. Washington ordered the City of Phoenix PoliceDepartment to thoroughly investigate this very "serious" matter and that if officers on thedepartment were found to be derelict in their duties, then appropriate punishment mustfollow. Mr. Washington then ordered that Phoenix Law Enforcement AssociationPresident Mark Spencer be briefed as to the status of this investigation (I have in mypossession an e-mail from Mr. Washington describing this). None of this howeveroccurred.

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Mr. Washington retired from city government and the Executive Command Staff of thePhoenix Police Department, simply elected to disregard this order. Months later, thePhoenix Police Department "cleared" both Lieutenant Burgett and another lieutenant ofall wrong doing in the matter. .

Despite no arrests being made, no report being made, no intelligence collected, nohand grenades recovered and no "hazard to officer" bulletins being issued to other lawenforcement agencies around the state, both lieutenants were cleared in theinvestigation. .

Why? Because of politics plain and simple. Politics interjected itself into a criminalinvestigation and a cover-up was orchestrated because in my memorandum I describedthe suspect as an "illegal alien arms dealer." When Arizona State Senator Russell

. Pierce requested a copy of the "official" police report, I believe things became desperatefor the City of Phoenix Police Department.

It is no secret that Senator Pierce has been vocal critical of the immigration policies ofthe City of Phoenix. So how could the City of Phoenix Police Department "sustain" aviolation against two lieutenants for "botching" an investigation and letting an illegalalien with hand grenades slip through their grasp. The answer is easy, they couldn't.So they unlawfully "cleared" both supervisors of any wrongdoing.

Does anyone on the City of Phoenix City Council think this is a stretch? You shouldn't,since that is exactly why Internal Affair's Lieutenant Ben Henry is now requesting'Whistleblower" protection. As I understand it, Lieutenant Henry alleges that LieutenantBurgett lied in her internal investigation about the hand grenades and the ExecutiveCommand Staff of the Phoenix Police Department covered it up. Lieutenant Henry isalso alleging cover-ups in other cases as well.

As incredible as this is to believe, there is even more evidence to prove that thisoccurred. Shortly after I requested an investigation against the two lieutenants for"botching" the investigation, the newly assigned case agent for the investigation,Detective Dan Moncrief, called PLEA President Mark Spencer and requested "unionprotection." Detective Moncrief felt that the hand grenade investigation was going tobecome "politically driven" (his words) and that he might be retaliated against by thePhoenix Police Department, if he did not write the report the way "the departmentwanted it written."

So a cover-up occurred and cleared both lieutenants from any wrongdoing. This wasdone so the Executive Command Staff of the Phoenix Police Department could saveface. Now Lieutenant Henry, the very lead supervisor in the hand grenadeinvestigation, is now seeking "Whistleblower" protection because the investigation wascovered-up and the lead perpetrator lied.

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How did Mr. Verburg endanger the lives of the citizens of Phoenix? The same way Mr.Spenla and Mr. Zuercher did, all three members of the Integrity Committee. I explainedto the Integrity Committee "point blank" that the police department could not and wouldnot investigate my allegations fairly. I warned the Integrity Committee my allegationswould be covered-up, yet the Integrity Committee ignored my warnings and did not lookinto the matter. .

So what happened to the two offending lieutenants, one of which is a liar I believeaccording to Lieutenant Henry (and also to City EOD)? They remained in theirpositions, handling investigations among the most dangerous criminals in our city. Howmany other investigations did they "botch" and let dangerous suspects get away,because Mr. Verburg and the rest ofthe Integrity Committee refused to act we maynever know.

Is this where the story ends? Absolutely not. Not only did the Phoenix PoliceDepartment "cover-up" the investigation but also it used Lieutenant Burgett as a weaponof attack, to punish me for bringing forth the allegations to begin with and to discredit myreputation.

In January of 2010, my annual Performance Management Guide (PMG) was due. Iclearly explained in a memorandum that Lieutenant Burgett should not have input in myPMG. I described how she had already committed EEO retaliation in my monthly notes(a fact that both City EOO and Phoenix Police PSB acknowledged). Furthermore, shewas under EEO investigations with both City EOD and the Arizona Attorney General'sOffice.

Even though the Executive Command Staff of the Phoenix Police Department "knew"that Lieutenant Burgett had lied" in an internal investigation, they ignored my requestand "directed" her to have input in my PMG anyway. This is all true and I have e-mailsin my possession to prove as much.

After being in the Phoenix Police Department for 24 years, having no discipline my file,being evaluated by Lieutenant Burgett herself just last year as "exceedingexpectations," and having won the Phoenix Police Department's Police Chief UnitAward, as the best run unit in the police department, do you know what happened tome? Lieutenant Burgett listed 6 not met goals and gave me the worst rating of mycareer in my PMG. It is also an absolute fact that I warned the Phoenix PoliceDepartment this would occur and they knowingly did so anyway. Why? To punish mefor bringing forth these allegations into the light of day in the first place. .

This all occurred after I filed an EEO complaint against Lieutenant Burgett, fordiscriminating against the only African American male Robbery Detective in the policedepartment.

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It is also very important that the City of Phoenix, City Council knows what happenedwith the EEO investigation itself from the City of Phoenix Equal Opportunity Department(City EOD). Ms Marquita Beene is the lead investigator on the case and has workedclosely with Detective Yahweh (the African American male being discriminated against)and myself.

During the course of the investigation, Ms Beene, expressed her frustration in how theCity of Phoenix was dealing with the EEO complaint. . It is a fact that I have an audiodisc of Ms Beene, recorded surreptitiously, where she vented her frustration with theCity of Phoenix Police Department in their actions on EEO retaliation.

What is even more disturbing is Ms Beene's conversations with Detective Yahweh.According to Detective Yahweh, Ms Beene expressed to him that City EOD wasreceiving pressure from the City Law Department to either change the findings in theEEO investigation or at the very least "soften" the wording.

The reasoning for this was due to limit civil damages against the city. The verydepartment that is not only entrusted by the Phoenix City Council, but the United statesDepartment of Labor to protect minorities, maybe changing allegations in EEOinvestigations at the behest of the City Law Department, leaving minority employee's nowhere to turn for help within city government.

Simply ask Detective Yahweh if this is true. Give Ms Beene, "Whistleblower" protectiongranted by yourselves, the Phoenix City Council, and listen to what she has to say.Seek out Lieutenant Henry and grant him "Whistleblower" protection at the City Councillevel, Save the embarrassment of the entire City of Phoenix of having to having a high-ranking supervisor seek out 'Whistleblower" protection from outside city governemnt.Ask Sergeant Mandy Faust, the lead internal affairs investigator on the hand grenadeinvestigation, if she believes a lying allegation was covered-up by the policedepartment.

Review my memorandum that I gave to Councilman Johnson last week and decide ifperhaps Mayor Gordon has interjected himself into these matters and possiblycommitted a City Charter Violation.

How many stories exist in the Phoenix Police Department like mine? Surely you don'tbelieve that in an organization as big as the police department, that Lieutenant Henry,Detective Yahweh and I are the only ones that exist.

This is an absolute quagmire and it was all started within the Executive Command Staffof the Phoenix Police Department. In the midst of allegations from Councilman Johnsonthat he was racially targeted, the City of Phoenix Police Department-attacks aCaucasian Police Sergeant for doing his duty and trying protecting a minority employee.

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These cover-ups are now to include an investigation that endangered the lives of everycitizen in Phoenix (again Lieutenant Henry is asking for Whistleblower protection) havesprawled so far out if control it is hard to believe.

However, cover-ups and malfeasance go much deeper than just Sergeant Phil Roberts.It has spread throughout the entire City of Phoenix Police Department like a cancer.

Do any of the council members really know what is occurring with the Phoenix PoliceCrime Lab or has the only information you've been given is the "sanitized" versions fromthe police department itself. I have in my possession an e-mail written from a MaricopaCounty Attorney, describing how dangerous, felony suspects are being released outonto the streets of Phoenix because of the dismal state of the Phoenix Police CrimeLab .

.This is absolutely true. The suspect described had committed a shooting of anotherindividual (aggravated assault) and was released solely on the ill preparedness of thecrime lab. This is a fact and I have the e-mail which states it and this is not the onlycase.

As I understand it there are now as many as six Unfair Labor Practices (ULP) filed onbehalf of Civilian Crime Lab Employees, many of which articulate horrendous problemsin the crime lab itself. Some of issues are even reportedly to involve the infamous"Serial Shooter" and "Baseline Killer" Investigations. I have an unconfirmed report that .the Maricopa County Attorney's Office is so exasperated with the issues raised in these'two investigations, that there own investigators are starting over again from step oneand re-examine all of the evidence associated with the cases.

Is the City Council aware that a "Notice of Claim" letter has already been filed by severalfamilies of slain victims in the Baseline Killer investigations against the City of PhoenixPolice Department? The very families that the police department was supposed to beconsoling through their grieving process while the hunt for the killer went on, are nowsuing the police department. Why? Because of alleged malfeasance.

Although I cannot verify this, I have heard from sources that Lieutenant Clint Ziner, whois heading up a special taskforce to "unravel" the mess in the Crime Lab, hasdiscovered improprieties on a supervisor in the investigations. A high-ranking malepolice supervisor close to the investigation may have been in a "relationship" with afemale Crime Scene Lab Technician who investigated some of these crimes. Again, Icannot confirm this, but as I understand it the police department is now attempting tocover-up this as well.

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Is the City Council aware of the recent controversy surrounding Public Safety ManagerJack Harris and his recent trip to Israel? I do not have first hand knowledge of this, butas I understand it, Public Safety Manager Harris was enroute to Israel to receive anaward from Bbnai Brith and/or the Jewish Defamation League Foundation, when in themiddle of the trip (before arriving in Israel) he immediately returned to Phoenix. He didthis because the Judicial Watch Organization announced they were filing a lawsuitagainst him for, in essence "double-dipping" his salary.

Public Safety Manager Harris immediately flew back to Phoenix to address the issue.Although I cannot confirm this, as I understand it, Public Safety Manager Harrisattempted and/or did receive reimbursement for his trip back resulting in an expenditureof over $1000.00. This was based off of a memorandurri that he authored where someof the facts about his return "maybe in question."

The Phoenix Law Enforcement Association (PLEA) has been attempting to get a copyof this "public record" on a simple reimbursement request but again as I understand it,the memorandum has now been marked "not for public release." This has causied someunion officials to believe that Public Safety Manager Harris may have been deceitful inhis memorandum to receive the money, which if true could mean immediatetermination.

Now the Goldwater Institute, in leading the effort to obtain the memorandum.

Again, I make no testimony that any of this is true, what I am saying is that there areenough sources outthere that the City Council should look into matter.

What I do know for certain is that Public Safety Manager Harris has stated that he is"refusing" to negotiate with PLEA President mark Spencer on any issue until the JudicialWatch Lawsuit has been dropped. As I understand it, union sources have told me thatPublic Safety Manager Harris has in fact said this to a union official.

Could this possibly have something to do with the fact that sources have told me thatthe City of Phoenix has told Public Safety Manager Harris will have to pay for his owndefense in the lawsuit? If true, is he now using his position as the Public SafetyManager to coerce a union to drop a lawsuit. There is an easy way to discover this.Simply ask PLEA Representative, Phoenix Police Officer Dave Kothe.

Is this the only time events like this has occurred? There is in reality only one way tofind out unless something is done to protect employees from the Phoenix PoliceDepartment itself. Something that everyone knows but is afraid to say, "FederalConsent Decree." As bad as this is, is there any other way out.

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The United States Department of Justice must be called in. A thorough andindependent investigation must be done. Witnesses must be told (as in the words of thepolicies governing the Integrity Committee) that "there is no shame in being awhistleblower." Lets find out just how many other stories are out there in the PhoenixPolice Department of corruption and cover-up.

Closing

The City Council has recently implemented a 2% tax increase to save the jobs of. Phoenix Police officers. Is this really the type of service they expect from the PhoenixPolice Department? An independent review must be done fbr every single man andwoman that put on the badge of Phoenix Police officer and swear and oath to upholdthe constitution of the United States.

My reputation has been so sullied that the only way I can even attempt to fix it is to bringthis out into the light of day. In the coming days I will be reqyesting from both of myunions (the Phoenix Law Enforcement Association and the All' hoenix Police Sergeantand Lieutenant's Association) along with my civil council, Mr. Jess Larona, to go publicwith these allegations.

Cover-ups in Internal Affairs, pressure placed on City EOD investigators to changefindings, African American City Councilman being investigated for felonies whenCaucasian Police supervisors in the police department are nl0t. Enough is enough.

I am available for interview on each and any of these matters. My telephone number is602 -740-7786. Any formal meeting is welcomed by myself and will include my PPSLArepresentative, Lieutenant Larry Jacobs. I feel comfortable in discussing this, withoutmy legal council and will present all facts and evidence I have, as long as it is a fair andhonest attempt to rectify the situation takes place. I will not be discussing this with thePhoenix Police Department. '

In reality there is only one group of people left in City Government that can be the saviorin all of this. It is the men and women of the Phoenix City Council. Don't take my wordfor any of this, the facts will stand for themselves, but at the slame time do not simplytake the word of the Phoenix Police Department either.

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Thank you for your time,

~.~1 Go>!~ .~. Phil Roberts #4520

Phoenix Police Department

Copy: Councilwoman Thelda Williams, District 1Councilwoman Peggy Neely, District 2Councilman Bill Gates, District 3Councilman Tom Simplot, District 4Councilman Claude Mattox, District 5Councilman Sal Diciccio, District 6Councilman Michael Nowakowski, District 7Councilman Michael Johnson, District 8