Tag Archives: Tempe Police

Our response to the arrest of ASU professor Ersula Ore + “Use of Force” review panel?

ASU profesor Ore arrest

We have received a LOT of emails asking about our opinion about the arrest of ASU professor Ersula Ore. We wanted to comment about this situation and also tie it into other issues we’ve previously mentioned on The Integrity Report (to bring the discussion full-circle).

First, we would like to preface this post with the qualifier that none of the writers of the blog were there for the arrest of Ms. Ersula Ore. We have not spoken to the arresting officer nor any other officers involved in this situation; our conclusions come solely from second-hand and media accounts of the situation.

Our blog, The Integrity Report, was created after problems involving accountability and integrity with ASUPD employees began to overshadow the goal of having a safe and secure learning environment. Our mission is to hold officers accountable for their actions which tarnish the oath all of us swore to uphold; we have absolutely NO interest or stake in defending the officer involved in the arrest of Ms. Ore.

That being said, we are pretty perplexed by the statement made by Arizona Critical Ethnic Studies where they state Ms. Ore was racially profiled by ASUPD Officer Ferrin. There was nothing in any part of the initial contact or arrest that was remotely racially based! ACES made the assumption that Ms. Ore was contacted while walking in the City of Tempe only because she was black; what they failed to mention is that Ms. Ore was walking down the middle of the street in a major intersection and the officer contacted her because nearly hit her while responding to a call.

Walking down the middle of the street is behavior that can be indicative of someone in mental distress, under the influence of alcohol/drugs, or possibly suicidal. As first responders, sometimes we don’t have the ability to stop and explain the entire situation with someone if the circumstances are too exigent. This is just common sense! Would you want an officer responding to a burglary call at your house to stop and give you the play by play while the bad guy runs out your back door?

Officer Ferrin reportedly had no intention of citing Ms. Ore for walking in the street (which is against the law!). Ms. Ore repeatedly refused to show her ID multiple times when asked by the responding officer (which she is required to provide under the law). When Officer Ferrin attempted to take Ms. Ore into custody, she began to resist arrest and also attempted to trip the officer by wrapping her leg around him. Once Ms. Ore was taken into custody, the dash cam video clearly shows her kicking Officer Ferrin in the leg.

ACES stated that Ms. Ore’s lower body was exposed during the altercation, but they fail to mention if it occurred while Ms. Ore attempted to trip the officer (something that occurred–her dress flew up–as a result of an action she did–tripping the officer). The fact that Ms. Ore’s lower body was exposed was unfortunate, but certainly not intentional, especially given the fact there were multiple witnesses filming the situation.

If Officer Ferrin was at fault, ASU would throw him under the bus in a heartbeat to preserve their image. Additionally, the officer would be facing administrative punishment or criminal charges, neither of which is occurring at the moment. Is the dash cam video footage shocking? Absolutely. But the untrained observer must realize there is no pretty way to use force on a subject. Unlike the scenarios TV shows and movies portray, there is no “easy” way to take someone into custody that is actively and physically resisting arrest. In this scenario, the force used to affect the arrest certainly appears reasonable given the circumstances of the arrest.

Does ASUPD need a “Use of Force” review panel?

The above scenario involving Officer Ferrin raises the larger issue of reviewing officers’ use of force; are the members of the department that are actually investigating these incidents even qualified to do so? In this circumstance, due to the very sensitive subject matter, ASUPD requested that DPS review Officer Ferrin’s use of force, even after the department found that his use of force was reasonable. DPS undoubtedly has people that are certified defensive tactics instructors that possess the training and experience to review the case with a certain degree of expertise that ASUPD cannot do (We are extremely confident that DPS will also find Officer Ferrin’s use of force was justified, by the way). ASUPD’s Commanders (who would be tasked with an investigation such as this) have NO advanced DT training or certification that would make them qualified to investigate a use of force scenario, period.

How would ASUPD respond to a use of force scenario that was much more muddled than this one (no video or audio)? Or perhaps a scenario in which the responding officer used force, was tried in the court of public opinion, and the university wanted to fire him/her to save face? Better yet, what about an officer who used excessive force and was never reprimanded or investigated? ASUPD’s ability to initiate and investigate use of force scenarios is arbitrary, at best (just like all ASUPD initiated IAs).

The deciding factor in an officer’s fate shouldn’t be left to a supervisor who has little training on the topic of use of force, and who may not be able to review the case without bias due to a preexisting relationship with the officer or external influences. ASUPD should consider establishing a “Use of Force” review panel comprised of DT instructors, some administrators, and possibly a civilian, none of which would have any ties to ASUPD. A review panel is in place at almost every other major law enforcement agency in the valley already! This would serve to vindicate officer’s whose use of force was justified (Officer Ferrin), and punish those who have used excessive force (Corporal Khalid).

 

Edited to add some links to media coverage of this incident:

http://www.cnn.com/2014/06/30/justice/arizona-jaywalking-arrest/index.html

http://www.abc15.com/news/region-southeast-valley/tempe/video-officer-throws-arizona-state-university-professor-to-the-ground

http://www.azfamily.com/news/ASU-professor-talks-about-arrest-on-CNN-265267761.html

http://www.policeone.com/patrol-issues/articles/7336906-Video-of-police-arresting-ASU-professor-goes-viral/

 http://blogs.phoenixnewtimes.com/valleyfever/2014/06/ersula_ore_arrest_to_be_reviewed_by_asu_and_independent_agency_after_video_goes_viral.php

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Editorial: “Start by Believing” ASUPD is part of the problem!

ASUPD has been in the media spotlight a great deal recently, and this time, it’s for a good reason; ASUPD, in partnership with university officials, have kicked off a campaign called “Start by Believing” to show support for victims of sexual violence. According to the campaign website, the theory behind the slogan is:

…to bring attention to victims of sexual assault, and not revictimize them through disbelief when they report the crime. Disbelief may come from friends, family, nurses, law enforcement or others whom the victim normally would expect to support them….There are many instances that aren’t reported because of fear of being told that someone brought it on themselves. This type of thinking needs to change. We need to start by believing victims of sexual assault when they come forward. It’s traumatic enough.

The article also mentions the “proclamation” signed by Chief Pickens and Michael Crow (which all department employees received a copy of) that shows how committed ASUPD is to serving victims of sexual violence.

While we think the attention given to the issue of sexual violence on campus is much deserved, we can’t help but be struck by the irony of the situation. The sudden emphasis on sexual violence victims comes on the heels of an article we posted on the safety of students on campus under Title IX, as well as an article about how ASUPD omitted or incorrectly reported the number of sex offenses reported under the Clery Act. Let’s also not forget the rash of sex offenses that occurred during ASU’s “Safe and Sober Campaign”, or the increase in ASU’s sex offense numbers that were actually reported to Clery.

If ASUPD is serious about supporting victims of sexual violence, they could start by appropriately reporting sex offenses in the Clery Report, as they are required to do, by law. Omitting or reclassifying sex crimes into lesser offenses (such as assault) not only revictimizes the victim, it is another way of telling the victim “we don’t really believe you”.

Next, to counter the recent increase in sex offenses, Chief Pickens could actually staff and maintain a fully-functioning police department that has the ability to proactively deter crime, instead of punting ASU’s problems to the City of Tempe. Actively participating in the campaigns you sponsor/are involved in such as “Safe and Sober”, DUI Task Force, or the Student Safety Taskforce would work to both deter crime and show the campus community how committed you are to making ASU a safer place.

Finally, if ASUPD is serious about supporting victims of sexual violence, they can give their officers the appropriate training they need to effectively do their jobs. The academy spends very little time on training officers on how to deal with sexual assault reports, and the little bit of training that is retained fades exponentially with time. Allocating resources to the people who will actually be HANDLING sexual violence cases ensure cases are appropriately handled, and is more cost-effective than dealing with civil lawsuits or wasting tax payer dollars by writing a fancy “proclamation”.

No amount of squishy emails or “proclamations” sent to ASU’s students/faculty/staff can make up for the fact that behind the glossy exterior of ASUPD’s new building, new uniforms, new badges is a top-heavy Command staff completely devoid of compassion and integrity. No amount of campaigns that ASUPD “participates” in can cover up the glaring irony that exists within its “proclamation”.

Chief Pickens, you need to “Start by Believing” ASUPD is part of the problem before you can commit to supporting victims of sexual violence.

 

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Tempe Chief Ryff is the face of ASU’s “Taskforce for Student Safety”.

Recently, a “taskforce” aimed to increase safety for students on ASU’s Tempe Campus met for the first time.

The group was originally formed in the fall of 2013, in response to an increase in the number of violent/alcohol related crimes in and around ASU’s main campus. It is comprised of the presidents of all three state universities (ASU, NAU, U of A), representatives from nearby apartment complexes, as well as Tempe Police Chief Ryff, and ASU Police Chief Pickens.

CBS 5 did a short story about the “taskforce”‘s initial meeting, complete with video footage/interviews shot on campus. Who was selected to represent ASU’s “taskforce for student safety” on ASU’s own turf? Ideally, it would have been someone from ASUPD, since their student populous is the primary focus of the meeting; however, it was Tempe PD’s Chief that spoke to the media about the dire crime situation the student population is facing (notice in one part of the video clip, Chief Ryff is holding a binder emblazoned with ASU’s logo).

According to Ryff, things like changing demographics of the student body and huge growth at ASU are factors that need to be looked at. “We have some serious issues with some catastrophic outcomes and our goal is to try to prevent that from happening again,” Ryff said.

Once again, ASUPD relies on Tempe PD to solve its crime problem, mainly because ASUPD is unable to do so as a result of inadequate staffing and training. It is embarrassing to watch this clip and see how Chief Ryff cares more about ASU’s crime problems than ASU’s own Chief does.  Chief Ryff is also intelligent enough to realize the student population of ASU is growing so fast that even if ASUPD was fully-staffed, the department would still struggle to remain on top of the situation.

This is yet another reminder of the shortcomings on behalf of Chief Pickens and his command staff. They are unable to provide any viable discussion or suggestion on the topic of student safety; they are unable to recruit and retain a viable amount of officers (thus, not solving the staffing issue); they are unable to increase the morale of the current employees; they are unable to adequately supervise/train/discipline subordinates that routinely engage in inappropriate behavior; they are unable to effectively run a police department in any capacity.

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ASUPD continues to piggyback off Tempe PD’s hardwork!

From azcentral.com:

Tempe police are targeting bicycle thieves who have been stealing bikes, mostly from students, and selling them on Craigslist or eBay to support their drug habit, according to investigators.

Police launched the operation in downtown Tempe in mid-January and it has so far resulted in the recovery of more than 30 bicycles, bike parts valued at nearly $25,000 and three arrests, said Sgt. Mike Pooley, a Tempe police spokesman.

The Tempe police operation recognizes the importance of bicycles in a college town.

Authorities say that, rather than considering bicycle theft to be a typical misdemeanor crime, officers from Tempe and Arizona State University police are investigating theft rings, serving search warrants to recover stolen bikes and seeking felony trafficking in stolen property charges against suspects.

The Tempe crackdown comes as ASU police continue to target the chronic bike-theft problem with a combination of education, enforcement and providing safer places for owners to secure their bikes, Assistant Chief Jim Hardina said.

ASU features a “bike valet” near the student union where bicycles are watched for their owners. ASU also has been encouraging bicycle registration and is adding bicycle cages, where owners can store their bicycles safely.

Bicycle theft is a classic crime of opportunity, Hardina said.

“Less than two percent of the bikes stolen are locked properly,” he said. “We tell people, park your car, ride your bike, but that doesn’t work if your bike is stolen.”

Tempe police identified the three people arrested during “Operation Bike Peddler” as Loren Henderson, 46, Jeffrey Barthold, 51 and Brian Meier, 50.

“They are stealing $1,000 bikes and selling them for $150-$200,” Pooley said. “They are using the money to buy drugs and feed their addiction.”

In addition to finding bicycles and bicycle parts, police found electronics, drug paraphernalia, prescription drugs, heroin and methamphetamine when they served search warrants, he said.

Pooley urged bicycle owners, many of whom depend upon their bicycles as their primary means of transportation, to register them on the city’s website so that it would be easier for police to match stolen bicycles with their owners.

Pooley said police realize some of the bikes that investigators have recovered are stolen, but police have not been able to return them to their rightful owners because the serial numbers are not registered.

The most expensive bicycle stolen was valued at $11,000, Pooley said. He said many of the victims have been Arizona State University students who need their bicycles to get to class or to off-campus jobs.

“It creates a hardship for them” when bicycles are stolen, Pooley said.

Firstly,  TEMPE PD was the one who cracked this bike theft ring; why is ASUPD even mentioned (other than to tout their “bike valet program”)?

Secondly, ASUPD is NOT “investigating theft rings, serving search warrants to recover stolen bikes and seeking felony trafficking in stolen property charges against suspects”. There is ONE competent Detective left in Investigations (since the only other competent Detective left for another agency) who doesn’t have the resources to do all these things himself. The other “Detective”, Jennifer Bryner spends her workday day taking long lunches/BSing with other employees, not actually doing any sort of investigative work.

This entire article is a prime example of how ASUPD attempts to piggyback off the legitimate police work done by Tempe PD.

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Don’t bite the hand that feeds you, ASU!

When major events involving ASU affiliated students/faculty/staff happen off-campus (especially in the City of Tempe), the media frequently inquires about the university affiliation of individuals involved. When affiliation information of a victim or suspect is known, Tempe PD will release it to the media. This is a relatively common practice which is merely intended to share information, not purposefully cast ASU in a poor light.

Since this past fall, ASU has seen an increase in negative publicity tied to the off-campus actions of its students (with one media outlet dubbing ASU “a hangover school”). In an effort to curtail negative publicity, sources from Tempe PD tell us that ASU has been requesting TPD not release the university affiliation of suspects/victims. TPD already patrols ASU’s campus due to staffing shortages, wrangles its drunk students, and works its special events, but it is not enough! TPD must also bend to the whims of ASU in an attempt to boost the university’s image.

TPD continued to release the affiliation information of its suspects/victims, and showed it has enough common sense to realize the university affiliation of an individual is easy to find out via asu.edu. This obviously made ASU very upset, as they were furiously attempting to salvage their reputation and credibility as an academic institution; every negative mention of ASU in the media translated into a tangible amount of revenue loss to the university.

How did ASU react? According to sources from TPD, ASU is so upset that TPD continues to release information to the media that makes the university look bad, that it is considering legal action against the City of Tempe. We are not too sure what legal leg ASU has to stand on, but this is a horrible move; without TPD’s assistance, ASU and ASUPD will look like the understaffed, mismanaged, and poorly run place we all see on a daily basis.

A word of advice to Michael Crow and company: don’t bite the hand that feeds you!

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Our response to the Chief’s Advisory Board Meeting Minutes

We broke down the meeting minutes piece by piece to share our thoughts on the topic. We could have discussed this document in even greater depth, but we decided to make it (somewhat) concise.

1.       The Chief instructed his advisory board he wanted to keep the discussion “positive”.  How do you have a constructive discussion about the departments’ problems in a “positive” way? Where do you go if the information isn’t positive? The Integrity Report on the ASU Police Department blog? The advisory board was assembled to fix the negativity Chief’s inactions and inattention have fostered, so the underlying purpose of the board will inherently be negative, even if the discussion itself is “positive”.

2.       Make new employees feel welcome? Absolutely, always do. The people discussed in the blog, (the people Chief has protected for years), those are the people making new and old employees feel unwelcome and alienated. They have brought this organization to crisis mode, and that will continue to happen despite the number of fresh bodies you bring through the door for them to devour.

 3.       The community gives positive feedback on what we do here…that’s great. There is no correlation between a positive rating by the community and how happy/ appreciated your employees are.  It simply means we won’t compromise what we do for others, compromise our ethics and integrity simply because we get treated like garbage from our department.

 4.       In regards to your community feedback: we love our community, but they don’t know squat about policing and quite frankly, they would be appalled if they knew how ASUPD treated its employees. Of course any feedback the community would give wouldn’t address major issues like staffing and retention, namely because the public has no idea this is transpiring! If the community could see Chief’s track records from his former agencies, they wouldn’t view the department in the same positive light.

 5.       Chief has placed a lot of urgency in this meeting on greeting new employees, making the testing process more expedient, referrals, posting vacancies… everything but addressing the people who put him in the current staffing situation. Your commanders and some of your sergeants created this exodus of new employees’ year after year right under your indifferent, inattentive nose.  The only reason why Chief is “concerned” now is because it has become so obvious he can’t hide it from his superiors any longer.

 6.       For the Police Officer Recruiter position, it has yet to be filled. You are asking for higher criteria in this position than most of the ones at the police department, but with a fraction of the pay.  Nobody wants to be honest with the Chief unless it’s anonymous. Even still, Chief denies these issues exist because acknowledging them requires a measure of accountability

 7.       How is ASUPD in the 90% salary range of surrounding agencies in the East Valley?  Did you add over inflated command staff salaries to the average? The $160,000 the Chief makes, and the $70k the Sergeants make would skew the averages of salaries assessed for this statement. Let’s see the math on this.

 8.       Incentives are for FTO are good, but this isn’t the real reason you don’t have trainers. The past FTOs have seen what the predatory supervisors have done with the people they were training, and have refused to participate in the destruction of another rookie’s career.  Until you can get a solid FTO program established, and an FTO Supervisor that won’t take their own interpretation on it, the FTO program cannot function.

 9.       A security fee to supplement our budget?  Given the current ASU enrollment of approximately 76,000 students, that would total approximately 3.8 million dollars!! This is insane! The department’s total expenditures and his budget is information limited to the Chief and a few members of command staff. Does anyone but the chief know what’s in the budget or where the money is going? Does anyone know how much money is in the ASUPD budget so we can compare it to other university departments who publish what their budget is? Why the secrecy? This is a public university funded with public tax dollars!

 10.   The suggestion made by Cpl. Khalid on doing ride-alongs with an FTO is ridiculous. Focus your attention and efforts on retaining your CURRENT employees. Besides, having a prospective employee witness first-hand how ASUPD treats its employees will drive them away.  However, the suggestion to look at how other departments are doing things is a good valid suggestion that will be ignored like the rest of the good ideas suggested by the advisory board.

 11.   On the “gossiping” issue: people talk in private because they see what happens to people when they talk openly about issues. If things are jacked up and employee complaints have been continually ignored then people are going to talk about it. If you are not happy with people talking about it then do something to fix the problem they are talking about!  Unfortunately, a clique does run the department in the form of most of the commanders and a number of senior sergeants.

 12.   On the “Internal Affair Investigation Retention Program”:  Your one and a half year of data leaves out the years of pattern IA’s that prove the point everyone already knows. How about an audit from the time the chief started until now? Look at the IA post cited here on the blog. Quite a different picture than the one being painted at the advisory board.

 13.    If a person was subject to so many IA’s why would the chief want to keep them in the PD? Because the chief has always needed people on the ground to continue doing the job making him look good . If you put enough internal generated IA’s in officer’s files you can keep good people from leaving.  Other agencies hear the word “IA” and think about serious allegations of wrong doing; ASUPD’s “IAs” amount to silly nonsense that almost every other PD wouldn’t have the time or energy to investigate.

 14.    If the chief is complaining about not hearing about what’s going on, about the communication lines not reaching him, about people not speaking,  up he only has to look here on the blog and read. It won’t get any more open and honest than here. Sure there are some snarky comments on occasion, but the everything asserted here is valid information this. The next chief can use this information to make this place a real good place to work!

 15.   Since you’ve been made aware of these problems, address them chief! It’s  been two months and counting and the only thing done you’ve accomplished is speeding up requisitions for equipment and attempting to get more bodies in the door? You still haven’t address the REASON why people are leaving!

 16.    You have plenty of employees making six figures who should be offering you suggestions to fix the department, but instead you only get one with a plan: a civilian police aide making  $30,000 a year. He has taken the time, done the research, planning, and implementing solutions the rest of your overpaid command staff can’t be bothered to do, or doesn’t have the mental capacity to do.

 17.   Party Patrol and Tempe Bike positions are highly political, and ASUPD’s solution is to loan them a few officers while secretly relying on Tempe PD’s officers to solve ASUPD’s staffing shortage. Tempe PD should NOT be a crutch to solve ASUPD’s problems!! When shit hits the fan, we all know Tempe PD, Phoenix PD (Downtown), and Mesa/Gilbert PD (Poly) will be the ones saving ASUPD’s ass.

 18.   The only additional training ASUPD’s officers is by MS Powerpoint and Blackboard. We need the outside police training because we can’t do it ourselves, it obviously isn’t working. We need active shooter training too! WE GET NONE!!

 19.    There is no uniformity in employee evaluations. Sergeants send up evaluations and frequently get them marked down to lower numbers by people who have never worked with the employee. The criteria for higher ratings changes from one supervisor to the next.  How about having employees do evaluations of their supervisors to stay ahead of issues before they get out of control and affect more employees?

 20.   Promotions are not taken seriously when everyone at the department sees you pass over more qualified candidates’ process after process. The notes from the advisory board clearly state this problem:  “a six year ASU officer will be promoted over a 30 year officer from another agency”. There is no incentive to stay.

 21.   Morale doesn’t exist. The ASUPD Indeed.com reviews, this blog, the chief’s advisory board all make this alarmingly clear, but ASUPD command ignores it all calling it, “…a few disgruntled people.”

 22.   You want honest assessments? Ask past employees,  pay them to do an assessment so you can see the shocking reality of how awful ASUPD treats their employees. Otherwise, stand at attention and wait for the blog to report.

 23.   The report has just too few pages to get the ball moving down field. The thing is, it doesn’t matter how many pages are filled with solid answers to problems when the chief hears them and STILL does nothing.  If the chief and his command are unable to put things in motion while the department falls apart it is time to find fresh new employees that can. The troops will be sure to give them warm welcomes and make them feel at home because they would provide hope that ASUPD could be a better place to work at.

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Why Tempe PD’s officer sex scandal could mean trouble for ASUPD.

Everyone in the country right now is talking about the former undercover Tempe PD detective who slept with the drug dealer she was supposed to be investigating. This is pretty scandalous, even by Arizona’s standards!

Needless to say, we weren’t surprised when this story made national news on a major media syndicate, Fox News. They discussed the topic at length, and a prior law enforcement officer “consultant” for the show said the department investigating the complaint should also be assessing the detective’s TRAINING and SUPERVISION in addition to alleged offenses.

All of us in law enforcement know that when something major occurs  in a department (excluding ASU) quite often the supervisors/trainers are also held liable because of their negligence or nonfeasance in supervision/training. How many times has a supervisor at ASUPD been written up for negligence in training or supervision?

We’re willing to bet virtually none, because almost all supervisors and FTO Sergeants (current and past) would have been fired already. In case you weren’t aware, AS supervisors or FTO supervisors, your job description ALSO includes either supervising or training (sometimes both). Additionally, your SUPERVISORS also have SUPERVISORS. That means when stuff really hits the fan, someone in a position of authority should look to see who was managing the person that messed up as well as THEIR supervisor.

Adequate training also plays a key role in the liability game too. All of us at ASUPD know the hard work Sergeant T put into building a LEGITIMATE, liability free FTO program. He knew how a failure for officers to be properly trained could cause a huge legal issue for ASUPD, so he utilized a previously established and legally sound FTO program. After being destroyed by both Sergeant Pam Osborne and Sergeant Fuchtman, what remains of the FTO program is nothing like the one Sergeant T implemented; it remains now as one of ASUPD’s greatest liabilities.

At this point, ASUPD doesn’t even require a major incident in order for someone to peel back the layers of liability and find out who hasn’t been doing their jobs; it only takes a FOIA request and half a brain. In addition to the aforementioned issues, ASUPD should be aware of the fact that the nation’s focus right now is on the major scandal transpiring in Tempe, AZ. It wouldn’t take a whole lot of work to throw some of ASUPD’s issues into the mix too.

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ASUPD’s temporary solution to staffing issues? Let the support service officers handle it!

Many officers have been unhappy lately with the departments’ slow, knee jerk reaction to the staffing crisis which is crippling police services at all four campuses.

The first solution was to ignore all the unhappy officers who were getting burnt out from the lack of officer staffing at ASUPD. Next, the solution to fixing the staffing problem was to try and hire every individual with a pulse who was referred by a current ASU employee. After these two plans failed miserably, ASUPD decided to now recall the support services officers to fill the gaps in the schedule. WHAT!

Instead of having your extraneous “specialty” assignments help out patrol (K9, the two officers assigned to Tempe Bike Patrol, the detective assigned to work with TPD, the Sergeant’s over various desk positions), you have the few detectives you DO have respond to calls “when patrol gets backed up”. How is that effective? Another idea…how about Command staff start shagging calls and running traffic?

 

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