PHOENIX — As part of a special arrangement, the City of Phoenix agreed to change the findings in a discrimination investigative report, close internal investigations, and not conduct any future probes into the police department’s former second-in-command.
The city’s “negotiated settlement agreement” with former Executive Assistant Chief Michael Kurtenbach was signed by multiple high-ranking officials, including Chief Michael Sullivan.
In return, Kurtenbach agreed to retire and not take legal action against the city.
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The agreement states that the city will close a specific Equal Opportunity Department (EOD) investigation and change some of the report’s findings to “unsubstantiated.”
ABC15 previously reported on that discrimination investigation in 2023.
An assistant chief was found to have used a racial slur in front of other police executives. Investigators then found that Kurtenbach witnessed that assistant chief saying the slur but failed to report and address the misconduct.
Kurtenbach, who now has a top position with Arizona’s education department, has repeatedly denied the allegation.
[Read the full statement from Kurtenbach’s attorney at the bottom of this report.]
In a “Final Investigative Report” obtained by ABC15 last summer, it states that the allegation against Kurtenbach was “Untimely but would otherwise be Substantiated.”
At the time, the city and Kurtenbach claimed that “Final Investigative Report” was just a draft and not actually complete.
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In advance of this report, Phoenix released a different copy that showed several findings had been changed to “unsubstantiated.”
The case involving Kurtenbach raises larger questions for Phoenix leaders, who have been accused of similar actions in another case.
Last week, ABC15 reported on a case involving a police commander who filed a federal Equal Employment Opportunity Commission (EEOC) charge alleging sex discrimination and retaliation. In addition to outlining instances of unfair treatment on the job, the commander said Phoenix’s “internal investigator was instructed to change her findings" when she planned to substantiate allegations of a hostile work environment.
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The city’s settlement agreement with Kurtenbach is also being raised in a separate retaliation lawsuit brought by several other police officials.
In a sworn declaration signed this year, Commander Gabriel Lopez included details of the agreement to highlight uneven application of discipline within the Phoenix Police Department.
“Among other things, under the settlement, Kurtenbach agreed to retire from the City, and the City agreed to change an investigative finding by the Equal Opportunity Department that he tolerated discriminatory misconduct by his subordinates, from ‘substantiated’ to ‘unsubstantiated’ without any changes to the underlying facts,” according to the declaration.
Lopez and two other former assistant chiefs were demoted following an ABC15 investigation into protesters who were falsely charged as gang members.
The trio claims Kurtenbach and then-Chief Jeri Williams scapegoated them to absolve themselves of responsibility for the national scandal.
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In an email, Kurtenbach’s attorney released the following statement for this report:
“From the beginning, the finding of Phoenix’s EOD in investigation 2023-00321 was No Policy Violation… All investigations conducted by the City of Phoenix - including this investigation - have an appeal/review process available to employees.
During the time frame for investigative review contemplated by Phoenix policy, Mr. Kurtenbach, through his representatives, engaged in a review of the investigation to ensure that due process existed for all involved and that the investigation findings matched the No Policy Violation determination. Mr. Kurtenbach fundamentally supports the fair treatment of all employees, and he categorically denies any allegation that he engaged in or otherwise tolerated any discriminatory behavior by any employees of the Phoenix Police Department.
At the same time as the review process for EOD 2023-00321 occurred, Mr. Kurtenbach was planning his retirement from the City of Phoenix and he looked forward to his next opportunity with the Department of Education.
After reviewing the information from Mr. Kurtenbach’s representatives, Phoenix and Mr. Kurtenbach agreed to the settlement agreement noted in your story. The settlement agreement was appropriate due to the compressed timelines related to his new employment opportunity. The ultimate findings of the investigation (that all allegations related to Mr. Kurtenbach were unsubstantiated) reflected the original conclusion that there was no policy violation resulting from EOD 2023-00321, and further reflected the City’s consideration of information submitted through Mr. Kurtenbach’s representatives during the investigation review process. As noted in the Settlement Agreement, no discipline was sustained against Mr. Kurtenbach, and he honorably retired from the Phoenix Police Department.”
Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.
