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Phoenix Police Department's civilian oversight director is resigning

Roger Smith led the Office of Accountability and Transparency for two years
roger smith.png
Posted at 1:28 PM, Jan 30, 2024
and last updated 2024-02-07 20:26:46-05

PHOENIX — The first director of Phoenix's Office of Accountability and Transparency (OAT) has decided to resign from his position after just two years into the job.

Roger Smith was hired in December 2021 after years of debate, a record number of police shootings, and the U.S. Justice Department's civil rights investigation into Phoenix police.

Smith confirmed to ABC15 that he sent an email to the Phoenix city manager Monday afternoon saying he would resign effective February 9.

Video in player above is from previous coverage of the DOJ investigation with Roger Smith.

Smith's resignation letter said, "Events have led me to conclude that OAT does not have the independence required to effectively perform its responsibilities." Read the full letter
below:

Originally tasked with the ability to conduct investigations independently or in tandem with Phoenix police internal investigators, Smith was to look at officers' use of force or allegations of misconduct. He was to make presentations to a civilian police oversight board, which could issue policy or disciplinary recommendations.

FULL COVERAGE: U.S. DOJ's investigation into Phoenix Police Department

A state law signed by then-Governor Doug Ducey in 2022 severely curtailed who was allowed to investigate police conduct.

In a February 2023 interview with ABC15, Smith explained how OAT had to be scaled back, saying, "That will enable us to maintain the civilian nature of this agency."

OAT operations were mentioned in Phoenix's "Road to Reform" report, published in January to show the police department's changes since the U.S. Department of Justice began investigating possible civil rights violations in 2021.

OAT has a staff of 15 and provides "an additional layer of accountability," according to the report which also described OAT's monitoring duties:

A Memorandum of Understanding between PPD and OAT requires PPD to provide OAT access to videos, documents, and other evidence needed to monitor an investigation. OAT’s monitoring culminates in a publicly released Monitoring Report. The reports consider among other things the investigation’s sufficiency, tactics, timeliness, reliability, disciplinary recommendations, and policy considerations. The report also specifically notes any circumstances where OAT did not receive full or timely cooperation from PPD.

According to OAT's most recent quarterly report, the office has opened 38 monitoring cases. However, the office has yet to publicly release any monitoring reports on its website.

Before coming to Phoenix, Smith worked reviewing civilian complaints against police in Cleveland and New York City.

City Manager Jeff Barton publicly wished Smith well in his future endeavors, and he issued a statement saying:

The City will work diligently to find the right leader to ensure OAT’s important work continues including monitoring police investigations, providing civilian oversight into allegations of misconduct, and receiving community feedback regarding complaints, commendations or other comments about policing in Phoenix.

Phoenix Kate Gallego shared the following statement with ABC15:

“We appreciate Roger Smith’s two years with the city and his work to stand up a newly created office, and we’re looking forward to working with the next director to make sure that the goals the Council outlined with the Office of Accountability and Transparency come to fruition."

The mayor added, that while she understands Smith’s recent frustration in not being able to hire his choice for a position at OAT, that person “did not meet the criteria set forth by the Council in the City Code.”

Poder in Action, a community group that publicly advocated for the creation of OAT, blames Mayor Gallego and the police department for doing “everything in their power to make [OAT] ineffective.”

“The historic pushback on OAT shows us that PPD will never and could never reform itself,” said Rebecca Denis, a spokesperson for Poder in Action.

In a statement released to ABC15, they say “this is just one of countless examples of the city’s lack of commitment to real transparency or accountability, and exactly why we need the DOJ report released immediately.”