Melendres # 675 | MCSO Proposed Training Schedule

8/20/2019 Melendres # 675 | MCSO Proposed Training Schedule

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28CHMITT, SCHNECK, SMYTH,

CASEY & EVEN, P.C.

Professional

Corporation

Timothy J. Casey (#013492)James L. Williams (#026402)SCHMITT SCHNECK SMYTH CASEY & EVEN, P.C.1221 East Osborn Road, Suite 105Phoenix, AZ 85014-5540Telephone: (602) 277-7000Facsimile: (602) [email protected] Counsel for Defendants Joseph M. Arpaio andthe Maricopa County Sheriff’s Office

Thomas P. Liddy (#019384)MARICOPA COUNTY ATTORNEY’S OFFICECivil Services Division222 N. Central, Suite 1100Phoenix, Arizona 85004602-506-8066Co-counsel for Defendants Joseph M. Arpaio andthe Maricopa County Sheriff’s Office

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Manuel de Jesus Ortega Melendres, et al.,

Plaintiffs,vs.

Joseph M. Arpaio, et al.,

Defendants.

No. CV 07-02513-PHX-GMS

DEFENDANTS’ NOTICE OF LODGING

ITS PROPOSED TRAINING SCHEDULE

NOTICE is hereby given that pursuant to the Court’s April 4, 2014 Order (Dkt #671)

Defendants Joseph M. Arpaio and the Maricopa County Sheriff’s Office (“MCSO”) have, on

the date set forth below, lodged with the Court its Proposed Training Schedule, including

proposed trainers, attached hereto as Exhibit “A”.

Counsel for Defendants requested from Plaintiffs’ counsel via email on April 4, 2014,

“the names of at least six law enforcement training instructors, preferably AZ Post certified,

that are agreeable to plaintiffs to teach/train the MCSO deputies and that meet the criteria set

forth in the 10/02/13 Order.” As of this filing, Plaintiffs’ counsel have not provided such

names to Defendants’ counsel.

Case 2:07-cv-02513-GMS Document 675 Filed 04/10/14 Page 1 of 3


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CASEY & EVEN, P.C.

Professional

Corporation

2

DATED this 10th day of April, 2014.

SCHMITT SCHNECK SMYTH CASEY & EVEN,

P.C.

s/Timothy J. Casey_

Timothy J. CaseyJames L. Williams1221 E. Osborn Rd., Suite 105Phoenix, Arizona 85014Telephone: (602) 277-7000Facsimile:(602) [email protected] for Defendants Joseph M. Arpaio and theMaricopa County Sheriff’s Office

CERTIFICATE OF SERVICE

I hereby certify that on April 10, 2014, I electronically transmitted the attached

document to the Clerk’s Office using the CM/ECF System for filing and transmittal of aNotice of Electronic Filing to the following CM/ECF registrants:

The Honorable G. Murray SnowUnited States District Court401 West Washington Street,Phoenix, Arizona 85003-2158

Stanley Young, Esq.COVINGTON & BURLING, LLP333 Twin Dolphin RoadRedwood Shores, California 94065Counsel for Plaintiffs

Daniel Pochoda, Esq.ACLU FOUNDATION OF ARIZONA3707 N. 7th Street, Suite 235Phoenix, Arizona 85014Counsel for Plaintiffs

Cecillia WangAMERICAN CIVIL LIBERTIES UNION FOUNDATIONIMMIGRANTS’ RIGHTS PROJECT39 Drumm StreetSan Francisco, California 94111

Counsel for Plaintiffs

Andre Segura, Esq.AMERICAN CIVIL LIBERTIES UNION FOUNDATIONIMMIGRANTS’ RIGHTS PROJECT125 Broad Street, 18th FloorNew York, NY 10004Counsel for PlaintiffsNancy Ramirez, Esq.MEXICAN AMERICAN LEGAL DEFENSE



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CASEY & EVEN, P.C.

Professional

Corporation

3

AND EDUCATION FUND634 S. Spring Street, 11th FloorLos Angeles, California 90014Counsel for Plaintiffs

Thomas P. LiddyDeputy County Attorneys, Civil Services DivisionMaricopa County Attorney’s Office222 N. Central, Suite 1100Phoenix, Arizona 85004Co-counsel for Defendants Joseph M. Arpaio andthe Maricopa County Sheriff’s Office

COPY of the foregoing e-mailed and regular mailedthis 10th day of April, 2014, to:

Mr. Robert WarshawCOURT APPOINTED MONITORWarshaw and Associates, Inc.

348 Wabash DriveSylvia, NC [email protected]

s/Eileen Henry Eileen Henry, ParalegalSCHMITT SCHNECK SMYTH CASEY & EVEN, P.C.



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Case 2:07-cv-02513-GMS Document 675-1 Filed 04/10/14 Page 1 of 26

Exhibit A


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M SO

Schedule for Court-Ordered Training and Testing

Course materials are in the process

of

being developed by Randy Means, a police

practices consultant hired by MCSO to assist

in

the development of the training curricula, and

being reviewed and revised by Defendants and their counsel for Bias Free Policing (Class I),

Search and Seizure -

4th

and

14

h Amendment (Class 2), and Supervisor Training (Class 3).

Course outlines for these courses were previously submitted to the Court.

Training courses to this point have been developed for full Live instruction. However,

after a recent discussion with Mr. Means regarding the benefits

of

clarity, consistency and

testing standardization with Computer Based Training ( CBT ), the MCSO

is

exploring whether

to

contract with Mr. Means to produce and develop CBT consistent with AZ POST standards for

instruction and testing,

as

well, with the understanding that any online training will not exceed

40%

of

the training hours.

The aforementioned courses can be taught to MCSO Deputies and Posse members within

12

days after approval

of

the course materials, relevant policies, and instructors, utilizing 8-10

hour training days and the maximum capacity

of

the MCSO training auditorium (160). Each

course, as well

as

the overall timeline for completion, is discussed below.

Classes and2: Bias Free

Policing 12 hours) and Fourth Amendment 6 hours)

This training would be completely Live. Each deputy (800) and posse member (1700)

would need to attend two 10-hour days (including an hour lunch). The MCSO training

auditorium has a maximum capacity

of

160 persons. Therefore, a total

of

4 days

of

instruction

(

16

2-day blocks for scheduled training and 4 additional 2-day blocks for make-ups) would be

required.

Even conducting such training six (6) days per week,

as

set forth below, this training

would require two (2) months after final approval

of

the course materials and instructors is

complete. The MCSO believes conducting this training at a more rapid pace or in larger groups

could adversely affect the quality of the training or the ability to receive and answer questions

from deputies and posse members.

• Monday and Tuesday (0700-1700)

• Wednesday and Thursday (1000-2000)

•

Frid =1y an_d Saturday

0700= 1700)


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This initial training during this 120-day period would be conducted primarily by the

following instructors:

• Randy Means, Esq. - Curriculum vitae attached

• Beverly A Ginn, Esq. - Curriculum vitae attached

• Brian D. Fitch, Ph.D. (Bias-Free Policing only) - Curriculum vitae attached

• Captain (Ret.) Greg Seidel Curriculum vitae attached

• Deputy Maricopa County Attorney Thomas P Liddy, Esq. Arizona Peace Officer

Standards and Training Board ( AZPost ) certificate for legal matters attached

• Deputy Maricopa County Attorney Vanessa Losicco, Esq. - MCAO Training Manager

Curriculum vitae attached

• Additional Deputy County Attorneys to be assigned and trained by Vanessa Losicco

The following additional instructors might also conduct this training as required by

schedules, availability, and/or course content:

• Deputy Chief John Macintyre, Esq. - Arizona Peace Officer Standards and Training

Board ( AZPost ) certificate for legal matters attached

• Michele M Iafrate, Esq. - Curriculum vitae attached

Class 3: Supervisor Training (6 hours)

Each of the MCSO's 150 sworn supervisors would need to attend one 8-hour day

(including an hour lunch and additional time for questions and flexibility) of training. This

training could be offered once per week for five (5) weeks (four scheduled classes and one

make-up class) after completion

of

Classes 1 and 2. Once again, the MCSO believes conducting

this training at a more rapid pace or in larger groups could adversely affect the quality of the

training or the ability to receive and answer questions from deputies and posse members.

This initial training during this 120-day period would be conducted primarily by the

following instructors:

• Randy Means, Esq. - Curriculum vitae attached

• Captain (Ret.) Greg Seidel - Curriculum vitae attached

• Deputy Maricopa County Attorney Christine Stutz, Esq. - Curriculum vitae attached

• Deputy Maricopa County Attorney Emily Craiger, Esq. Curriculum vitae attached

• Captain Ken Holmes, Esq., MCSO Internal Affairs and Policy

• Lieutenant Phil Fortner MCSO Early Intervention System ( EIS ) Unit Commander

• Deputy Chief Paul

Chagolla MCSO

Training Division


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• Chief Deputy Gerard Sheridan - Curriculum vitae attached

The following additional instructors might also conduct this training as required by

schedules, availability, and or course content:

• Deputy Maricopa County Attorney Brandon Newton, Esq. - Human Resources Practice

Group Leader

• Sergeant Phil Dougherty MCSO EIS Unit

0

Sergeant Jason Bentzel MCSO EIS Unit

• Sergeant James Kramer - MCSO EIS Unit

• Lieutenant David Munley - MCSO Internal Affairs

Overall Timeline for ompletion

o

Training

Once all the course materials, relevant policies, and instructors are approved, the MCSO

Training Division estimates that completion

o

Classes

1

2

and 3 and the CBT would require

90-120 days, based upon the following schedule:

• Day 0-10: Schedule Blocks 1 2, & 3 at MCSO Training Center

Day 0-20: Schedule instructors for Blocks 1 2, & 3 at MCSO Training Center

• Day 0-30: Development

o

CBT material

• Day 30-90: Course delivery

• Day 90-120: Make-up courses (and re-testing, i necessary) for Classes 1-3

Subsequent Training

For new deputies and posse members, training for all three (3) o the aforementioned

classes can be offered once each month indefinitely at the MCSO's training facility. Trainers

for such classes will also be subject to Court approval.


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Case 2:07-cv-02513-GMS Document 675-1 Filed 04/10/14 Page 5 of 26he Thomas Means Law Firm, L.L.P.

R NDY ME NS

Randy Means, founding partner

of

the Charlotte-based Thomas Means Law Firm, specializes entirely in police operations

and administration and assists a broad national clientele. A graduate

of

the University of North Carolina School

of

Law, he first

served as head

of

legal training for North Carolina's state law enforcement training center and coordinator oflegal training for

the North Carolina State Bureau

of

Investigation, then for nearly ten years as Police Attorney for the City

of

Charlotte. From

2007 to 2009,

he

was head

of

the international association

of

police legal advisors (IACP-LOS) and

he

teaches regularly in its

annual training conferences. For nearly twenty years, he was the primary legal and risk management instructor for the

International Association

of

Chiefs

of

Police. He currently serves as Director

of

Curriculum Development and Quality

Assurance for The Response Network, the endorsed distance learning partner of the FBI National Academy Associates and the

Commission on Accreditation

of

Law Enforcement Agencies (CALEA).

His work has been mentioned in the Wall Street Journal and discussed on 60 Minutes and his book, The Law o Policing is

published by the Labor Relations Information System, a prominent police union think tank. He has appeared

on

both the Law

Enforcement Television Network and the FBI Training Network. He has authored more than one hundred published articles on

law enforcement matters and writes the law and risk management column for Law Order magazine. He has conducted law

enforcement training in every state and in Canada and he worked with the small team

of

lawyers that handled Graham v.

Connor

the landmark decision of the U.S. Supreme Court on use

of

force by police. During 2013, he worked as a contract

consultant

on

leadership and accountability for the Houston Police Department and he currently does likewise for the Maricopa

County Sherif f's Office in Phoenix. Before his work with law enforcement, he was a naval officer. His last active duty

position was Executive Officer on a small combatant naval vessel. n the reserve military, he was a training officer.

He has conducted in-house leadership and risk management training or consulting for the Los Angeles County heriffs

Department, the San Diego County Sheriff's Department, the Maricopa County Sheriff's Office, the Phoenix Police

Department, the Houston Police Department, the Honolulu Police Department, the Las Vegas Metropolitan Police Department,

the Tucson Police Department, the Detroit Police Department, the Oregon State Police, the Alaska State Troopers, Arizona

POST, California POST, Nevada POST, the Colorado State Police, the New Jersey State Police, the Kansas Highway Patrol,

the North Carolina Highway Patrol, the St. Louis County Police Department, the Fairfax County (VA) Police Department, the

Drug Enforcement Administration (DEA) and the Pentagon Police (PFPA) among hundreds

of

others.

He has been a speaker at national annual conferences

of

the FBI National Academy Alumni Association (FBINAA), Southern

Police Institute (SPI) Alumni Association, International Association

of

Chiefs

of

Police (IACP), International Law

Enforcement Educators and Trainers Association (ILEETA), Public Risk and Insurance Management Association (PRIMA),

State Risk Manager's Association (STRIMA), Public Agency Risk Manager's Association (PARMA), National Association

of

State Personnel Executives (NASPE), National Association

of

Government Training and Development Directors (NAGTADD)


of

State Directors

of

Law Enforcement Standards and Training (IASDLEST), International Personnel

Management Association (IPMA), National Association

of

Field Training Officers (NAFTO), National Intelligence Academy

(NIA), International Association

of

Law Enforcement Planners (IALEP), American Society for Law Enforcement Training

(ASLET), Labor Relations Information System, International Association ofArson Investigators, North American Wildlife

Enforcement Officers Association, National Information Officers Association (NIOA), National Conference of State and

Provincial Police Planning Officers, Mid-Atlantic Law Enforcement Executive Development (LEED) Conference, the

California Association of Police Training Officers (CAPTO), and COPSWEST (California Peace Officers Association), as well

as state police chiefs conferences in Arizona, California, Colorado, Delaware, Maine, Wisconsin, Minnesota, Hawaii,

Missouri, Massachusetts, New York, New Jersey, New Hampshire, Illinois, Tennessee, Virginia, North Carolina, Georgia,

Oklahoma, Ohio, Oregon, and Pennsylvania. He has also taught for the British Columbia Police Complaint Commission, the

Los Angeles County Police Chiefs Association, Northwestern University, the Institute for Police Technology and Management,

the Texas Commission on Law Enforcement, California POST, and the San Diego Regional Government Training Center.

He has presented law enforcement risk management training for: California Joint Powers Insurance Authority, Maine

Municipal Association, Redwood Empire Municipal Insurance Fund (CA), Florida League

of

Municipalities, Gallagher-Bassett

Services (Chicago), Independent Cities Association (Los Angeles), Southern California Joint Powers Insurance Authority, Carl

Warren and Company (San Diego), Tennessee Municipal League, Contra Costa County (CA) Municipal Risk Management

Authority, Public Risk Management Exchange (PRIMEX), Utah Risk Management Mutual Association (URMMA), New

Hampshire Municipal Association, Colorado Intergovernmental Risk Sharing Agency (CIRSA), Texas Municipal League,

Virginia Municipal League, Missouri Intergovernmental Risk Management Association (MIRMA), the Oregon Cities and

Counties InsuranceTrust, the Minnesota League

of

Cities and the Association

of

Bay Area Governments

in

California.


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EDUCATION

University

o

Arizona, College of Law

Juris Doctor 977

University o Arizona

Beverly A. Ginn

P.O. Box 68097

Tucson, Z 85737

(520) 444.4469

.K:l.E.l\/Yiri.n@gm


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Significant assignments and accomplishments:

•

•

•

•

Introduced basic risk management concepts to command and supervisory staff through provision of

in-house and consultant assisted training; implemented n expanded legal training program,

including daily training program for all sworn personnel which resulted

in

additional 24 hours of

training per year, at no additional cost.

As appointed member and Vice Chair

of

the Law and Legal Subject Matter Expert Committee for the

Arizona Peace Officers Standards and Training Board (AZPOST), assisted with the revision of all

law and legal training outlines used statewide and production of test questions

on

these subjects for

new recruit final comprehensive licensing examination. Also appointed to AZPOST Rules Advisory

Committee, which advises Board

on

establishment of basic requirements for peace officer

certification.

Attained leadership positions in both statewide police attorneys organization (Legal Advisors

Association of Arizona) and national police attorneys organization (International Association of

Chiefs of Police Legal Officer's Section) and have, presented at .numerous conferences and training

sessions for attorneys and law enforcement professionals.

Assisted Tucson Police Department

in

attaining certified status through preparation of all written. law

and legal policies necessary to complete the CALEAM accreditation process.

Assumed responsibility for all legal training. at regional peace officer training academy and regularly

train new and advanced peace officers

in

constitutional law, use

of

force, laws of arrest, search and

seizure, civil liability, civil disputes, critical incident training, legal updates, and other subjects.

Expanded and managed in-house counsel's office, including establishment of second attorney's

position, paralegal position, grant funded legal interns and use

of

staff officers.

ASSISTANT CITY MANAGER, JUNE 1990 -AUGUST 1994

Served

as an ssistant City Manager.

Tucson

is

a full-service city, which· was then the 33rd largest city

in

the nation, employing over 4,000 full-time city employees with ,an annual budget

in

excess of 5'00 million.

As Assistant City Manager, was responsible for management direction to the Departments of

Planning and

Zoning, City-County Library, Human Resources, Community Services (housing) and Parks and Recreation.


• Assisted in managing through one of the most serious budget crises ever faced by the city, reducing

city expenditures by 26 million

in

the first year of service, without reducing city services or the city

work force.

• Participated

in

and managed city-county negotiations concerning continued consolidated funding

and expansion of the Library system. Directed and participated in evaluation of the feasibility of

consolidating city and county parks departments. Assisted with evaluations of consolidation for city

and county information services systems and court systems.

• Assisted with the management of significant environmental issues which arose following the delivery

of Central Arizona Project water.

Participated

in

executive recruitments or selection decisions appointing the Directors of the Library,

Human Resources, Transportation, Fire, Police, Community Services, and Solid Waste

Departments.

• Assisted with economic development projects, including the successful effort to avoid the closing of

the Davis-Monthan Air Force base.

• Participated

in

the development of the 1994 General Obligation and Water Bond issues placed

before the voters.

PRINCIPAL ASSISTANT CITY ATTORNEY, October, 1987 -June, 1990

ASSISTANT CITY ATTORNEY Ill

April

1983-0ctober 1987

ASSISTANT CITY ATTORNEY II, September, 1980 -April 1983

• Civil Division

staff

attorney beginning February 1982. Position included working directly with the

Mayor and Council Members on litigation involving the city; preparation of resolutions and ordinances

implementing policy direction; advising senior city management in the resolution of employment law issues;

investigating allegations of sexual harassment and EEO violations and assisting

in

their resolution;


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representing the city before administrative, judicial and quasi-judicial bodies, including the Civil Service

Commission, Tucson City Court, Arizona Superior Court, Arizona Court of Appeals, U.S. District Court for the

District of Arizona and the Ninth Circuit Court of Appeals; writing and implementing city equal employment

and other labor related policies, and presenting educational seminars

in

employment law to city management

and line staff.


• Assisted in litigation which successfully defended the Mayor regarding alleged open meeting law

violations .

• Handled complex class action litigation

in

the state and federal court systems on both employment

law issues (cases including equal pay claims and claim regarding national ongln discrimination) and

environmental law issues (alleged physical injury caused by water contamination).

• Drafted complete revision

of

City Charter provisions related to city merit system, which was

approved by voters.

• Acted as legal advisor to the Civil Service. Commission, Tucson Women's Commission, Tucson

Human Relations Commission and Magistrates Merit Selection Commission, providing substantive

and procedural advice, including open meeting law issues.

ASSISTANT CITY ATTORNEY II, September, 1980

-April

1983

Supervisor

riminal

Division September 1980-February 1982.

Promoted to supervisory position; performed as assistant to Chief Prosecutor and as Acting Chief in his

absence; assisted

in

hiring

of

new professional and support staff; supervised eight trial attorneys and similar

number of clerical support staff; supervised motions and appeals section, including training and supervision

of legal interns and associated clerical staff; assisted with preparation of division budget; trained new

attorneys.


• Developed and implemented first organized training program for new attorneys.

• Revamped internal file handling procedures to enhance prosecutorial effectiveness.

• Developed and implemented warrant quashing program to eliminate illegal arrests on warrants that

were outdated or improperly issued.

• Designed and proposed new pre-trial hearing process for City Court (reducing officer overtime and

more effectively processing criminal cases)

ASSISTANT CITY ATTORNEY

I

June 1979 -September, 1980

Trial attorney

riminal

Division

June

1979 -September 1980. As a prosecuting attorney, tried multiple

bench and jury trials; handled all aspects of prosecution, from pre-trial motions through appeals; appointed

as special Deputy County Attorney for purpose

of

handling conflict felony cases

PROFESSIONAL ORGANIZATIONS AND ACTIVITIES

Member, State Bar of Arizona

Past General Chair, Legal Officers Section, International Association of Chiefs

of

Police

Past President, Legal Advisors Association of Arizona

Co

-chair

and appointed member, Law and Legal Subject Matter Expert Committee, Arizona Peace Officer

Standards and Training Board

Member, Arizona Women's Lawyers Association

Member, Pima County Bar Association

Member, Arizona Association of Chiefs of Police


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Brian D. Fitch Ph.D. is lieutenant and a 31-year veteran

of

the Los Angeles County

heriffs Department. He has worked assignments in custody, correctional services, field

operations, investigations, training, and administration. Dr. Fitch holds faculty positions in the

psychology department at California State University, Long Beach, and Southwestern University

School of Law. Dr. Fitch is a graduate of the California Commission on P.O.S.T. Master

Instructor Development Program (MIDP). He has developed and delivered training to more than

10,000 law enforcement professionals throughout the United States, as well as internationally.

Dr. Fitch has presented workshops for the National Sheriffs Association, California Regional

Symposium on Teaching, Public Safety Leadership Development Consortium, National

Association of Blacks in Criminal Justice, California Commission on POST, California

Insurance Commission, California State Bar, Association ofPublic Safety Communication

Officials, California Jail Programs Association, and Hertz Corporation. He teaches in the

leadership development programs for the Los Angeles Police Department, Los Angeles County

heriffs Department, Los Angeles City Fire Department, and California Peace Officers

Association. Dr. Fitch s research and writing appears in the Journal ofCalifornia Law

Enforcement · The Police Chief; F I Law Eriforcement Bulletin; Deputy and Court Officer

A1agazine · Law Enforcement Executive Forum; Auspol; Law

and

Order A1agazine · and

California Peace Officer. He is the training director for the International Institute

of

Criminal

Justice Research in Victoria, British Columbia. Dr. Fitch has co-authored and edited books,

including Law Enforcement Ethics: Classic

and

Contemporary Issues (Sage Publications, 2013);

Education-Based Incarceration and Recidivism: The Ultimate Social Justice Crime Fighting

Tool (Information Age Publishing, 2012); and Ethical Leadership in Education Corrections and

Law Enforcement: A Commitment to Excellence

and

Inclusiveness (Emerald Books, 2011). His

latest book, which he is co-authoring with Randy Means, IMPA CT: A Model o f nterpersonal

Communication

and

Conflict Management

for

Law Eriforcement

(Labor Relations Information

System), is due for release in 2014. Dr. Fitch holds a Master

of

Arts degree in communication

studies from California State University, Los Angeles, and a Doctorate in human development

from the Fielding Graduate Institute.


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Captain (Ret.) Greg Seidel

13400 Queen Street

Disputanta,

VA

23842

[email protected]

804.400.5869

Professional Curriculum Vitae

Use of Police uthority

Officer-Citizen Contact Behavior

Interpersonal Communication Techniques

Use of Force

Greg Seidel served

the

Bureau of Police in Petersburg, Virginia

for

over 25 years. There,

he

commanded a Patrol Precinct, Internal Affairs, and

the

Investigations Division, where

he was responsible for all criminal investigation units including Crimes against Person

Property, Forensics, Narcotics, Gangs, Juvenile Crime, and a Federal Joint Terror ism Task

Force. His earlier responsibilities included Deep Cover Narcotics Investigator, FTO,

Major

Crimes Investigator, SWAT Team Member/Leader, Training Sergeant, Patrol

Sergeant, and Watch Commander. He received from local and federal agencies more

than forty formal awards, including

the

Combat Cross and

the

Purple Heart.

He is a licensed polygraph examiner and certified instructor in firearms and chemical

munitions, police cyclist, and physical fitness. He has instructed

the

United States Army

Military

Police,

the

FBI, and numerous municipal agencies in basic and advanced SWAT

techniques and of ficer survival.

He

teaches commanders and first responders nationally

in

the law of policing, officer-citizen contact behavior, interpersonal communications,

ethics, and leadership.

He holds a B.A. from Randolph-Macon College and is a graduate of several law

enforcement institutions, including

the

FBI National Academy. He has worked

as

an

expert witness in

the

use of force, has published articles in professional journals, and

is

the

lead subject

matter

expert for courses on ethics, use

of

force, and emotional

intelligence of The Response Network, the endorsed distance learning partner of the

FBINAA and the Commission on Accreditation of Law Enforcement Agencies CALEA).

He

is

a contributing author for the book Law Enforcement Ethics a SAGE Publication

(2013).

He

currently heads

the

IMPACT Project, a national initiative in officer-citizen contact

behavior, and is the Director of Policy and Training for the Thomas tv eans La\AJ Firm,

LLP, a national leader in law enforcement seminars and professional services.


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.ft:rizona

cpeace Officer Stand art

wl

Training

(jjoartf

fl?§cognizes

o m a s ~

£

Ylrizona

(J)epartment

of


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Vanessa M Losicco

EDUCATION

Pace University School o Law, White Plains, NY

Juris Doctor received May 2003

Admitted n New York in April 2004 nd n

Arizona in May 2006

Activities and Honors: Pace Trial Advocacy Team/National Trial Competition, 2003

Pace Grand Moot Court Team, 2002

Women s Association

of

Law Students

World Trade Center Disaster Relief Volunteer

Iona College, New Rochelle, Y

Bachelor ofArts with Honors received May 2000, Magna Cum Laude

Major: Political Science

Minor: Criminal Justice

Honors: Delta Epsilon Sigma

Columba Award for Leadership and Service

Honors Program

National Residence Hall Honorary

Dean s List

Who s Who Among American College Students

PRACTICE EXPERIENCE

Maricopa County Attorney s Office, Phoenix, AZ

Attorney Career Training Manager, Training and Development, February 2013 to Present

Plan, organize, facilitate and instruct Deputy County Attorneys in various stages

of

employment beginning with a

one month course upon entering the office, then during transition from Preliminary Hearings to felony trial case

loads and then upon transition from felony trials to specialized crime bureaus; instruct classes for attorneys on the

following topics: Prop 200; Plea Policy; Direct Examination; Opening Statements; Closing Arguments; Confidential

Informants; Free Talks; Prosecuting Co-Defendants; Search and Seizure; Disclosure; Professionalism and various

other courses; plan, organize and facilitate continuing education seminars for attorneys both with MCAO and

throughout the State

of

Arizona; plan, organize and facilitate legal seminars for law enforcement personnel; AZ

POST certified instructor; instruct for various police agencies and organizations including, but not limited to:

International Narcotics Interdiction Association (2011, 2013 and anticipated 2014), Arizona Narcotics Officers

Association (2013), National Police Canine Association (anticipated 2014), High Intensity Drug Trafficking Area

(2013 and 2014); member of hiring boards for Deputy County Attorney candidates as well as interns, externs and

Rule 38(d) certified students; plan, organize and facilitate summer internship training program; assist and provide

guidance to Deputy County Attorneys with career path choices and options; provide a direct line

of

communication

between Deputy County Attorneys and the County Attorney, Bill Montgomery; member

of

the MCAO Wiretap

Committee.

Maricopa County Attorney s Office, Phoenix, AZ

Deputy County Attorney, Drug Enforcement Bureau, November 2007 to February 2013

Assistant Bureau Chief from June 2011 to February 2013; prosecuted felony drug trafficking crimes and related

offenses, including armed robbery, aggravated assault, murder in the second degree; appeared in Superior Court on

behalf of the County Attorney; conducted evidentiary hearings, trials and other court hearings; interviewed

witnesses, police officers, victims, defendants; participated

in

free talks with defendants; drafted responses to

Motions to Suppress, Motions to Modify Release; Motions to Dismiss, cooperation agreements, testimonial

agreements, plea agreements with and without factual bases, charging; conducted Grand Jury presentations; attended

various trainings and continuing education seminars; managed a caseload

of

40 -

6

cases.

Major Drug Trafficking Experience

• Completed over twenty (20) felony jury trials, including one wiretap trial;

Resolved over 500 cases via plea agreement;


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Case 2:07-cv-02513-GMS Document 675-1 Filed 04/10/14 Page 13 of 26•

•

•

•

•

Investigated, advised and/or prosecuted eleven ( 11) drug trafficking cases with the use of wiretaps;

Prosecuted individuals

in

approximately fifteen (15) drug trafficking wiretaps;

Reviewed wiretap affidavits before and after wiretap committee recommendations;

Drafted applications and orders related to wiretap investigations, including amendments and extensions;

Lead attorney on two emergency wiretaps for kidnapping and attempted murder related to drug trafficking;

Prosecuted violent crimes related to drug trafficking activity

Drug Enforcement Bureau Leadership Experience

Assistant Bureau Chief from June 2011 to February 2013;

•

•

•

•

•

•

•

•

•

Acted as the Bureau Chief on

an

as needed basis;

Trained members

of

the bureau and junior attorneys

in

matters related to drug trafficking and informants;

Mentored junior Deputy County Attorney in wiretap investigations;

MCAO Drug Prosecutor

of

the

Year2 1Iand2 12;

International Narcotics Officers Association, Instructor, June 2011;

MCAO Drug Enforcement Bureau Paralegal Discovery Training, Instructor, April 2011;

Gilbert Police Department Search and Seizure and Informant Training, Instructor, March 2011;

Arizona Narcotics Officers Association, Attorney

of

the Year Nominee, 2 1

O

Scottsdale Police Department Search and Seizure Training, Instructor

2 1 O

DEA Narcotics School, Instructor, 2009.

Maricopa County Attorney s Office, Mesa, AZ

Deputy County Attorney, Juvenile East, July 2007 to October 2007

Prosecuted juveniles

in

Juvenile Court proceedings for felony, misdemeanor and non-criminal matters; appeared

in

Court on behalf

of

the County Attorney at advisory, probation violation and adjudication hearings; conducted trials;

drafted various motions, including responses to Motions to Suppress; managed a caseload

of

80-100 cases.

Tlte Cavanagh

aw

Firm, PA, Phoenix, AZ

Attorney, July 2006 to July 2007

Handled cases and advised clients

on

domestic relations matters, including dissolution

of

marriage, legal separation

of

marriage, child custody, child support and other areas of family law. Conducted depositions, evidentiary

hearings, trial and other court proceedings. Drafted Trial Briefs, Closing Argument Briefs, Motions for Summary

Judgment, Joint Pre-trial Statements, Motions to Compel, Petitions for Dissolution, Petitions for Child Custody and

various other legal documents. Conducted legal research and drafted legal memoranda.

Bronx County District Attorney, Bronx, NY

Assistant District Attorney, September 2003 to September 2005

General Crimes Bureau - prosecuted felony and misdemeanor cases, including, but not limited to drug crimes,

robbery, burglary, assault and weapons possession; supervised junior Assistants in trial and trial preparation;

screened arrests; drafted Complaints, Prosecutors' Informations and felony Indictments, prepared Certificates of

Readiness, Subpoenas, Motions, and other legal documents; presented evidence to the Grand Jury; investigated and

interviewed witnesses, victims, police officers and other related parties; interviewed defendants post Miranda;

conducted pre-trial hearings and trials; researched legal issues; appeared

in

court

on

behalf

of

the District Attorney

and other Assistants; participated in various training programs.

New York County District Attorney, New York,

NY

Student Assistant District Attorney, August 2002 to May 2003

Represented New York County by working under a Student Practice Order, prosecuted misdemeanor domestic

violence cases, drafted Certificates of Readiness, Subpoenas, Motions, and other legal documents, conducted

interviews

of

witnesses, victims, police officers, and other related parties, participated in training exercises with the

Assistant District Attorneys.

State

o

Delaware Department

o

Justice Wilmington, DE

Law Clerk, June 2002 to August 2002

Legal research, assisted Deputy Attorney Generals by writing motions, letter memoranda, and other legal documents

in preparation for trials, suppression hearings, summary judgment hearings, and other pre-trial proceedings, visited

local prison and psychiatric facilities, participated

in

a firearms training program with the Wilmington, DE Police

Department, attended medical autopsies and crime scenes.


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Pace Women s Justice Center Family Court Externship, White Plains,

Y

Extern, May 2001 to January 2002

Represented victims

of

domestic violence n Westchester County Family Court under a Student Practice Order,

drafted and filed Temporary Orders of Protection, Custody Petitions, Poor Persons Orders, Complaints, and other

legal documents, conducted legal research n the areas of domestic violence and women s issues.

VOLUNTEER ACTIVITIES

APAAC Basic Advocacy, Critiquer 2009

ASU Mock Trial Competition,

Judge 2009

National Mock Trial Competition, Judge 2011

Courtroom Experience, Volunteer 2008 - Present

MCAO Speakers Bureau,

Volunteer 2008 - Present

Arizona Women s Law Association, Member 2013-Present

APAAC Basic Advocacy, Team Leader May 2013


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Curriculum Vitae

For

Gerard A Sheridan

2 14


19/29


rofiling Statement

Chief Deputy Gerard Jerry A. Sheridan began his career as an MCSO detention officer

in 1978, after serving as a volunteer Reserve Deputy in 1977. He became a sworn

Deputy in 1979, and advanced through the ranks until he was named the interim Chief

Deputy in 2010. He currently serves as the permanent Chief Deputy, appointed by the

Sheriff in 2011, and holds the second-highest position with the Office. Chief Sheridan is

a graduate

o

the FBI National Academy and is a Certified Jail Manager. He holds a

Master's Degree in Organizational Management from Wayland Baptist University, a

Bachelor

o

Arts degree in Public Safety Administration from Grand Canyon University,

and serves as an adjunct professor at Mesa and Scottsdale Community Colleges where he

has been teaching for over fifteen years. He is considered a subject matter expert in law

enforcement ethics, and was the chairman

o

the ethics subcommittee. Prior to his

appointment as Chief Deputy, Chief Sheridan was the longest-seated member

o

the

Arizona Peace Officer's Standards and Training Board (AZ POST), a position he

considers one o the highlights

o

his law-enforcement career.

Aside from his professional and scholastic accomplishments, he is most proud

o

his

family and his position as a husband and father. He considers his family to be the most

important aspect

o

his life and uses that special relationship as his basis for hard work,

ethical behavior and commitment to serving the citizens

o

Maricopa County.


20/29


GERARD

A. SHERIDAN

PROFESSIONAL EXPERIENCE

Maricopa County Sheriff s Office

September 1978 to Present

Promotion to Chief Deputy

May 2011-Present

Promotion to Chief

January 1999 to 2011:

Promotion to Deputy Chief

August 1993 to January 1999:

Promotion to Captain

July 1993 to August 1996:

Promotion to Lieutenant

January 1987 to July 1993:

Promotion to Sergeant

May 1985 to January 1987:

Promotion to Corporal

May 1985 to September 1983:

Chief

Deputy

of

Maricopa County Sheriff s Office

Chief of Custody

Enforcement Bureau Commander

District III Commander

District IV Commander

Patrol

Operations Officer

Section Commander

Division Commander

Administrative Lieutenant

Patrol Division

Shift Supervisor

Administrative Officer

Police Academy Class Counselor

Supervisor, Shift Supervisor

September 1978 to September 1983: Patrol Deputy

Field Training Officer

Desk Duty Officer

May 1978 to September 1978: Detention Officer Cadet

January 1977 to September 1978: Reserve Deputy Sheriff


21/29


Education:

March 2003:

June 2001:

December 1990:

June 1976:

August 2001:

March 1979:

Adjunct Faculty:

Master of Arts in Management/Specialization: Organizational

Management: Wayland Baptist University

Bachelor

of

Arts: Public Safety Administration: Grand Canyon

University

Associate

of

Arts: Administration

of

Justice: Scottsdale

Community College

Ce1iificate of Graduation: Holy Cross High School

Certificate

of

Graduation: Federal Bureau of Investigation National

Academy

Certificate

of

Graduation: Phoenix Regional Police Academy

Over 1 500 hours employment training: Maricopa County heriffs

Office

September 1994 to Present: Instructor for the Maricopa County Community College

District; Mesa Community College Scottsdale Community

College and Glendale Community College.

Taught courses in Search and Seizure Police Supervision The

Detention Function The Police Function and Ethics in the

Criminal Justice System.

Special Professional Certificate:

November 2007:

Certified Jail Manager as conferred by the Jail Manager

Certification Commission American Jail Association

Community Service Association:

President of the Board ofDirectors: Fountain Hills 85268 a youth

ssist nce org niz tion


22/29


Professional Associations:

National Sheriff's Association

American Jail Association


o

Chief's

o

Police

American Correctional Association

FBI National Academy Associates

Fraternal Order

o

Police

Hobbies and other Interests:

Loving My Family

Fine Art Large Format Photography

Equestrian Activities

Fly Fishing


23/29

Jlrizona Cl eace Officer

Stantfaras

ana

rtraining

Boartf

Cfiscognizes

Jack,:Maclntyre

5tlaricopa County

Slieriffs

Office

as a SpeciaCist nstructor

in

tlie topic area

o

Law

d Leg

a{

9rf.atters

in c o m ~ p { i n c e

witli

Jlrizona

fl_dmin istrative

Code

CJ{l

3 4 11

Pe6ruary 6 2008

<

JI

.Ji.

~ j e r i f f

Gary utler

Chairpers•on


24/29


Education:

MICHELE M IAFRATE

Iafrate Associates

649 NORTH SECOND AVENUE

PHOENIX, ARIZONA 85003

(602) 234-9775

m [email protected]

University of Arizona College of Law, Tucson, AZ

1993-Juris Doctorate

University of Arizona, Tucson, AZ

1990-Bachelor

of

Arts Degree in Journalism/Political Science

Experience:

Iafrate Associates

Sole Partner/Owner

Iafrate Rai, P.L.C.

Partner

Kaites, Iafrate Rai, P.L.C.

Partner

Hoffman Kaites, P.L.C.

Associate

Maricopa County

Atiorney s

Office

Deputy County Attorney

Arizona

Court of

Appeals

Law Clerk for the Honorable Edward C. Voss

Bar and Court

Admissions:

Arizona Supreme Court, 1993

United States District Court for the District

of

Arizona, 1998

United States Court

of

Appeals for the Ninth Circuit, 1998

United States Supreme Court, 2000

10/04 to Present

21 2

to 10/04

01/01 to 02/02

10/99 to 01/01

6/95 to 1 0/99

06/93 to

6195


25/29


MICHELE M IAFRATE

Senior Partner

I FR TE SSOCt TES

Attorneys

at

Law

Ms. Iafrate received a Bachelor o Arts degree from the University o

Arizona where she graduated cum laude.

In

1993, Ms. Iafrate graduated

from the University o Arizona College o Law where she was a published

note writer and editor for the International Journal

o

Comparative Law.

After law school, Ms. Iafrate completed a clerkship with The Honorable

Edward

C

Voss at the Arizona Court o Appeals. Following her clerkship,

Ms. Iafrate began prosecuting street crimes with the Maricopa County

Attorney s Office. Shortly thereafter, she moved to a specialized unit

where she prosecuted exclusively major drug crimes, and was the sole

attorney

in

the Special Crimes Unit specializing

in

insurance fraud for the

Arizona Department o Insurance.

Ms. Iafrate then moved to the County Counsel Division within the

Maricopa County Attorney s Office where she represented the County s

criminal justice agencies, specializing

in

42 U.S.C. §1983 lawsuits.

Currently, Ms. lafrate s practice focuses on 42 U.S.C. §1983, elections,

general tort liability, public official liability, road design/maintenance, police

and fire liability, wrongful death, appeals, and corrections consulting.

Ms. Iafrate was one o the prosecutors that successfully convicted

the President and Vice President o the Baptist Foundation, the lengthiest

criminal trial in Arizona. Ms. Iafrate defended Maricopa County in Graves

v Arpaio the lengthiest jail conditions case in Arizona.

Ms. Iafrate has successfully defended cases

in

Maricopa County

Superior Court, Arizona Court o Appeals, Arizona Supreme Court, U.S.

District Court o Arizona, U.S. Ninth Circuit Court o Appeals, and United

States Supreme Court.


26/29


CHRISTINE BAILEY STUTZ

222 N Central Ave.,

Ste.1100

Phoenix, AZ 85004

602) 506-0017

EDUCATION:

UNIVERSITY OF ARIZONA COLLEGE OF LAW

Tucson, AZ

Juris Doctor,

Cum Laude

May 1999; GPA 3.63/4.00

• Dean s List and Recipient o Graduate Tuition Merit Scholarship

• Academic Tutor - Contracts and Civil Procedure

UNIVERSITY

OF

MARYLAND

College Park, MD

Bachelor

o

Arts, English,

Magna Cum Laude;

May 1996; GPA 3.85/4.00

• Phi Beta Kappa

• University Honors Citation

• English Departmental Honors Thesis

EXPERIENCE:

EPUTY

COUNTY ATTORNEY- SENIOR COUNSEL

Maricopa County Attorney s Office,

Civil Services Division, Human Resources Practice Group, Phoenix, AZ, Nov. 2011- present

• In-house counsel for Maricopa County, including Maricopa County Sheriffs Office

(MCSO), on all employment related matters.

• Represent MCSO and other County agencies n employment matters before the Law

Enforcement Officers Merit System Commission, the Employee Merit System

Commission, the Equal Employment Opportunity Commission, the Arizona Civil

Rights Division and local, state and federal courts.

• Provide advice on disciplinary and internal affairs matters, investigations, policy and

training development, employee medical issues (ADA, FMLA, disability claims), risk

management and compliance issues.

Conduct training on Human Resources issues, including investigations, disciplinary

processes, policies and procedures.

ASSISTANT CITY ATTORNEY Ill

City

o

Mesa, AZ, July 2004-November 2011

•

•

In-house counsel to the City

o

Mesa with primary assignment

o

lead advice

counsel to the Human Resources Department; the City

s

a municipal corporation

with over 3,400 employees and a constituent base

o

over 400,000 residents

Provide legal advice to all City Departments

on

employee discipline and employment

policy issues, ranging from employment discrimination, FMLA, FLSA and ADA to

consultation

on

Police Internal Affairs investigations and harassment complaints,

including preparation and defense

o

employee termination appeals.

Draft and review employment contracts and separation agreements, including all

documents relating to reductions n force.

Prepare and submit position statements to the EEOC/ACRD; participate n

mediation where appropriate.

Provide risk management and compliance advice; serve as principal contact for

outside counsel

on

employment, labor and employee benefits matters.

Draft, revie N and advise on City employment policies and Personnel Rules.

From 7/04 to 11/06, served as a lead attorney

n

civil defense litigation

n

both state

and federal courts, primarily n the areas o real estate/construction, civil rights, and

employment: researched and drafted motions, pleadings, and appellate briefs; took

and defended lay and expert witness depositions; evaluated cases and made


27/29


appropriate settlement recommendations. Successfully resolved over 15 cases

through motion practice

in

less than 2 years.

ASSOCIATE

Stinson Morrison Hecker LLP Phoenix, AZ, Dec. 2001-July, 2004

Principal focus on commercial and employment litigation, representing clients in both state

and federal courts. Handled over

5

active matters, including: drafting pleadings,

researching and drafting motions and appellate briefs, taking and defending depositions,

negotiating settlements prior to and during litigation, drafting settlement agreements, serving

as principal client contact

on

complex litigation matters. Drafted articles

on

current issues

in

construction law.

ASSOCIATE

Quarles Brady LLP Phoenix, AZ, Sept. 1999-Dec. 2001

Handled all aspects

o

commercial litigation, with emphasis on construction law, including:

taking and defending depositions, successfully defending clients before the Registrar

o

Contractors, preparing for and attending multi-million dollar mediation proceedings,

negotiating settlements, researching, drafting and arguing motions.

Summer associate with Quarles Brady Summer 1998).

COMMUNITY/PROFESSIONAL ASSOCIATIONS:

Member, Employment Law Section, State Bar

o

Arizona.

Volunteer, Gethsemane Lutheran Church and School, Tempe, 2012-2014.

Homeroom Volunteer, Capitol School, Phoenix, 2000-2002.

Volunteer, Webster Elementary School, 2004-2005.


28/29


EMILY M CRAIGER

Ms. Craiger joined

th

Maricopa County Attorney s Office, Civil

Services Division as a Deputy County Attorney- Senior Counsel in th

Human Resources Practice Group in November 2013.

s

such, she

is

currently assigned

as

th

one

of

th

attorneys assisting

th

MCSO in

employment-related matters. Prior

to

joining MCAO, during her nine

year

t nur

at Littler Mendelson, Ms. Craiger regularly conducted

harassment and discrimination prevention training

to

executives,

managers and employees

of both private and public employers.

She

also has significant experience presenting

to

trade organizations,

HR

Professionals, and attorneys on topics including effective investigation

techniques, employment related legislative and enforcement trends,

ethical issues and social media.


29/29


EDUCATION

EMILY M. CRAIGER

1140

West

Lawrence

Lane Phoenix AZ

85021

( 602) 318-0197

[email protected]

University

of

Iowa College

of

Law

Iowa City

Iowa

Juris Doctor, May 2002

Outstanding Woman Law Graduate

of2002

Faculty Award Recipient

Law Foundation Scholarship Recipient

Organization

of

Women Law Students and Staff, Elected Executive Board Member

Iowa Student Bar Association, Elected Executive Board Member

Chairperson

of

Women in Law Recruitment and Career Conference

University

of

Wisconsin

Madison Wisconsin

Bachelor

of

Arts

in

Political Science, May 1998

BAR ADMISSIONS

Licensed to practice law

in

Arizona State Courts, the U.S. District Court

of

Arizona and the th Circuit Court

of

Appeals.

EXPERIENCE

Littler

Mendelson

Phoenix, AZ,

fCounsel

Maintain large employment law caseload. Represent and counsel clients

in

connection

with all types

oflabor

and employment matters arising under federal and state law, including

claims based on Title

VII,

FMLA, ADA, and ADEA. Manage FLSA class actions lawsuit. Conduct

and defend depositions, appear at trials, hearings, arbitrations, mediations and settlement conferences.

Argued before 9th Circuit and Arizona Court of Appeals. Seconded by Fortune 500 client to substitute

for in-house employment attorney for more than six months.

Robbins Green

Phoenix, AZ,

Associate

Maintained large client caseload in areas including commercial litigation, employment law and

bankruptcy entailing significant client contact, conducting depositions, appearing at hearings

and second chairing trial.

Ridenour Hienton

Harper

Kelhoffer Lewis Garth

Phoenix, AZ,

Associate

Researched and wrote memoranda, briefs and client correspondence in areas including

commercial litigation and employment law. Maintained large employment law caseload entailing

drafting of severance and separation agreements, drafting demand letters and enforcing

non-compete agreements, defending employment discrimination claims including Title

VII

and

ADA claims and defending NLRA claims.

Williams

McCarthy

Rockford, IL, Summer Associate

Researched and wrote memoranda, briefs and client correspondence in areas including

litigation, workers compensation, civil rights and tax. Received offer for future employment

Judge

Michael J.

Melloy

U.S. District

Court

for the Northern District of Iowa,

Legal Intern

Researched and wrote opinions and memoranda in areas including breach of contract, maritime

Law, Title VII

and

ADA. Observed trials, pleadings, sentencings and pre-trial negotiations.

COMMUNITY

INVOLVEMENT

Christ

Church School

Inc.

Phoenix Arizona

Non-Profit Board Member

Focused involvement on employment and budgeting related issues.

Phoenix

Day Child and Family

Learning

Center

Phoenix, Arizona

Non-Profit Board Member Vice-President

Assisted Phoenix Day in its mission to support working families

in

south Phoenix.

The

Associates Club Phoenix, Arizona

11/04-p

9/03-11/

5/02-8/0

5/01-8/0

5/00-8/0

9/13-pre

1/03-1/06

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Melendres # 675 | MCSO Proposed Training Schedule

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Transcript of Melendres # 675 | MCSO Proposed Training Schedule