Phoenix Settles Discrimination Case with Former Police Official
The City of Phoenix has entered into a settlement agreement with former Executive Assistant Chief Michael Kurtenbach in a discrimination case, agreeing to change discriminatory investigation findings, close active internal investigations, and refrain from conducting future probes into Kurtenbach’s conduct.
In return, Kurtenbach has agreed to retire and not pursue legal action against the city. The settlement resolves allegations that Kurtenbach witnessed an assistant chief using a racial slur and failed to report it, a claim he has denied.
The city has also agreed to change the findings of an Equal Opportunity Department (EOD) investigation, which had been found to have substantiated the allegation against Kurtenbach. The original report, obtained by ABC15 last summer, stated that the allegation against Kurtenbach was “Untimely but would otherwise be Substantiated.”
However, in advance of this report, Phoenix released a different copy that showed several findings had been changed to “unsubstantiated.”
The settlement raises questions about the handling of such investigations within the Phoenix Police Department, as well as the application of discipline within the department.
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. According to the declaration, “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.”
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.
In an email, Kurtenbach’s attorney released a statement saying that Kurtenbach fundamentally supports the fair treatment of all employees and categorically denies any allegation that he engaged in or otherwise tolerated any discriminatory behavior by any employees of the Phoenix Police Department. He also stated that the settlement agreement was appropriate due to the compressed timelines related to his new employment opportunity and that the ultimate findings of the investigation reflected the original conclusion that there was no policy violation.
