Arizona immigration law sank Harris, Gordon says
Critics went after police chief for opposing law, mayor says

by William Hermann and Lynh Bui - Mar. 5, 2011 12:00 AM
The Arizona Republic

Phoenix Public Safety Manager Jack Harris' supporters say his recent removal as police chief was politically motivated and directly related to his position on immigration-enforcement issues.

Mayor Phil Gordon told The Arizona Republic on Friday that he believes Harris' reassignment was "payback for his principled stand against SB 1070," a controversial law enacted last year that aimed to make being in the country illegally a state crime.

Gordon and other Harris allies say Harris' ongoing fights with the Phoenix police union and his loss of support from some council members can be traced to his backing of Gordon in opposition to the new state law and to Harris' previous actions distancing the department from primary enforcement of immigration law.

Several council members said Harris' immigration stance had nothing to do with his reassignment. They said the move came because of months of turmoil in the department and Harris' lack of urgency in addressing controversial matters.

City Manager David Cavazos announced Thursday that Harris was being removed from his role overseeing the Police Department while the city conducts a review of kidnapping statistics. Those figures were reported to the federal government to win a $1.7 million stimulus grant, but recent complaints about them triggered a federal audit.

• Phoenix's acting police chief discusses his new role

Under the city's management system, Cavazos has the authority to reassign the police chief.

But Gordon, the mayor, has been an outspoken supporter of the chief amid the controversy. On Friday, he turned his focus to SB 1070, saying Harris' refusal to back the law led to political repercussions.

"The chief paid the price for standing up for the civil rights of everyone; he would not support a law that was flawed and is proving it is flawed," Gordon said. "His opposition to SB 1070 made him the target of those with a political agenda. That translated down to the city level, including some that are running for office today."

SB 1070 has been pivotal in politics since Gov. Jan Brewer signed the bill into law in April.

The law was quickly challenged in court, and its most controversial provisions were put on hold and have never taken effect.

Even so, the law became a key issue in the fall election season. Buoyed by her signing, Brewer surged to victory at the polls. Candidates in countless other election campaigns trumpeted their support for SB 1070 or blasted opponents who had not backed it.

But some politicians, including Gordon, did oppose the law. Harris joined Gordon last spring in saying it was a mistake for local police to try to get into the business of arresting undocumented immigrants. Harris said enforcement could cost Phoenix millions annually in jail bookings forced by the law.
Harris' supporters

On Friday, Gordon and others suggested people are after Harris to make a political stand in an election year in which the Phoenix mayor's seat is up for grabs.

Alfredo Gutierrez, a former state senator and longtime leader in the Hispanic community, said he has little doubt Harris' opposition to 1070 "hurt him badly."

"Since Jack Harris is not where Joe Arpaio is (on 1070), some people don't like it," Gutierrez said. "People are using these kidnapping statistics, but that's not really it. The police union is basically behind this and alleges that he is defending undocumented people. This notion that we should go after everyone who is brown - Harris doesn't buy that, and neither does any reasonable person. I was saddened by the whole thing."

Former Maricopa County Attorney Rick Romley, who also opposed SB 1070 and who lost his recent bid to retain the seat, also said he believes Harris' position on the immigration law "was a large part of it."

"This is not just about statistics," Romley said. "This is about the union opposition to Jack, and Jack's position on 1070 was a large part of that."
The union

Harris has drawn frequent fire from the Phoenix Law Enforcement Association, whose president, Mark Spencer, is up-front about his organization's anger with the ex-chief, in particular for his position on SB 1070.

"When (a large percentage) of your citizens support 1070 and Harris opposes it, of course that's a problem," Spencer said. "Jack Harris refused to allow a proactive partnership with rank-and-file officers and Immigration and Customs Enforcement to take place."

But Spencer insists there was much more to the union leadership's opposition to Harris and their backing of the city's recent action.

"We believe he was in violation of pension statutes, and we've criticized how he let our crime lab lack equipment and personnel," Spencer said. "We think, regarding the kidnapping numbers, the means don't justify the end. . . . Yes, there's 1070. It was an issue but not the only issue."
Other critics

Other Harris critics dismiss political explanations for his ouster. They say the city stripped Harris of his command over 3,000 sworn officers because he failed to address concerns about the credibility of the kidnapping numbers. They also say Harris is being sidelined because of his lackluster leadership amid 18 months of turmoil in the department.

"This is one more instance of Jack unable to operate and do what he needs to do on a day-to-day basis," Councilwoman Peggy Neely said.

Neely and others point to a year of trouble in the department. In the past year, Harris has had to deal with an altercation between a city councilman and an officer, a shake-up in the South Mountain Precinct, an officer accused of murder after shooting an unarmed domestic-violence suspect, four officers indicted in a fraud case, and the mysterious, high-profile death of a police sergeant.

"We had stopped leading over there," Neely said. "We were hunkered down and hoping that another issue doesn't come in for us to deal with."

Questions over the flawed kidnapping stats were the final straw.

Councilman Sal DiCiccio, one of three council members to oppose Harris this week, also dismissed arguments that Harris is a political victim. DiCiccio is a supporter of the immigration law.

"There were those of us who felt strongly about 1070, but this (kidnapping flap) is an issue unto its own," he said. "The mayor does a great job of name-calling and trying to divert the issue, but this is about whether or not these numbers were accurate."

Cavazos said Harris had insisted on at least four occasions that the kidnapping data could not be questioned. Yet, on Monday, Harris said that some of the more than 350 reports were not, in fact, kidnappings.

"I realized these numbers were not accurate," Cavazos said. "That's when I made my decision."

Cavazos on Thursday transferred daily operation of the department to acting Police Chief Joe Yahner.

Cavazos insisted he was not politically pressured to remove Harris. Although he took input from various quarters, Cavazos said the decision was his alone.

"I have a strong personality and, at the end of the day, I'm going to do what I think is in the best interest in the city," Cavazos said. "This was my decision."

Councilwoman Thelda Williams insisted it was all about the kidnapping numbers and Harris' delay in addressing them.

"If he had just fixed the problem when he found it instead of covering it up, it wouldn't have been a problem," Williams said. "It wouldn't have become a circus. It wouldn't have become a scandal. It could have been handled."

Longtime Phoenix resident and community activist Andrew Luck suggested Neely and others are leveraging the controversy with Harris as they eye the mayor's seat. Gordon's term is up in January.

"If I'm looking to run for mayor and score some political points, maybe what I would do is say, 'Here's another possible black eye against the police, so let me jump on the bandwagon and say, "Let's remove the chief," ' " Luck said. "It is political pandering. We don't need to play politics with the safety of our city."

Neely, however, denied she is using the situation as a platform.

"It's an issue of frustration that, month after month, there has been something happening in the Police Department and there's never a final resolution to it," Neely said. "It's a frustration in leadership."

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