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A Phoenix police officer involved in two recent controversies enveloping the department filed a lawsuit against the city claiming it failed to investigate whether Vice Mayor Carlos Garcia violated the city charter by publicly calling for his removal.
Douglas McBride was recently named in two separate investigations into the Phoenix Police Department — one involving a challenge coin mocking a protester and another where 15 protesters were charged as gang members.
The lawsuit, which was filed on Tuesday with McBride and the Phoenix Police Sergeants and Lieutenants Association as the plaintiffs, cites a code in the city charter prohibiting councilmembers from influencing the hiring or removal of city employees other than the city manager.
The city of Phoenix provided The Arizona Republic a copy of the lawsuit.
The lawsuit references a public statement Garcia issued calling for McBride and other officers involved in the incidents to be terminated.
“We must fire Officer McBride and all other officers involved,” the statement says. “Every officer that declined to participate in the investigations must also be reprimanded. What the City Manager and Chief of Police have done today is not enough.”
The lawsuit includes an email Steve Serbalik, McBride’s attorney, sent to the city council and city staff including City Manager Ed Zuercher on Aug. 12 with Serbalik asking that the city attorney’s office investigate whether Garcia’s statement violated the city charter.
Zuercher responded on Aug. 18 denying that Garcia’s statement violated the city charter.
“There is not a violation of the Charter here because the Vice Mayor did not give me or my subordinates an instruction or direction,” Zuercher wrote. “Councilmembers are entitled to publicly express their opinions.”
Serbalik defended his assertion that Garcia’s statement could be considered an instruction to city staff and asked Zuercher to advise him on how McBride could file a criminal report. Zuercher’s opinion remained unchanged but said McBride could go to the city’s integrity line.
The lawsuit argues that avenue is inadequate, saying it has no authority to investigate criminal allegations and calls for the city to pay McBride’s attorneys fees and “further relief.”
The case’s next court date is Sept. 8 in Maricopa County Superior Court.
Reach the reporter Perry Vandell at 602-444-2474 or perry.vandell@gannett.com. Follow him on Twitter @PerryVandell.
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