Phoenix manager: Police chief fired for insubordination

After a tumultuous 21/2-year tenure marked by continual clashes with police unions and a recent string of high-profile controversies, embattled Phoenix Police Chief Daniel V. Garcia was fired after he defied an order from his boss and called a press conference to unload on his critics.

Less than two hours after Garcia's press conference ended, Phoenix City Manager Ed Zuercher called his own to announce that he had terminated Garcia for insubordination for holding court with the media after Zuercher had expressly forbidden it.

"I think Chief Garcia has done a good job — all the men and women of the department have done a good job. But let me be clear, this issue is about following orders, about obeying an order from a supervisor," Zuercher said.

The catalyst came just two hours earlier, when Garcia held a blistering news conference in which he fired back at his critics, called for more power over internal disciplinary actions and demanded a two-year contract.

"I gave him an order not to have a press conference, but he directly disobeyed," Zuercher said, emphasizing that his decision to fire the chief was not based on Garcia's performance, which has been the subject of much controversy in recent weeks. "He's a good man, but I'm disappointed in his choices."

Assistant Chief Joseph Yahner has been named acting police chief.

Zuercher called council members about 3:30 p.m. to say he was going to terminate the chief, a move that was roundly supported by his employers.

Councilman Michael Nowakowski, who has stood by Garcia throughout recent conflicts, said Garcia's actions Thursday "illustrated a disregard for the management of this city and demonstrated insubordination by violating a direct order."

"While I have supported Mr. Garcia in his goals of achieving a top-performing police force, I cannot support an employee of any stature not respecting their supervisor," he said.

In what would be his final press conference as chief, Garcia fiercely defended his 21/2 years in charge, citing a continual reduction in crime while managing with 600 fewer officers. And Garcia said he has upheld the highest standard of officer accountability at a time of plummeting levels of trust between the public and police departments.

Garcia's demands came as police unions were collecting votes of "no confidence" in an effort to spur his firing and weeks after City Councilman Sal DiCiccio called for his termination.

Garcia said the contract would have protected him from the likes of politically charged feuds initiated by the unions and said he had also penned a letter to Zuercher, asking that DiCiccio be investigated for violating the city charter by calling for Garcia's removal.

In response to public cries for officer accountability, Garcia had said he was going to ask for a complete overhaul in the way the department handles internal investigations.

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Garcia also stressed that he has been dismayed at several insufficient disciplinary decisions made by the civil service review board and that he wanted to be granted final say in punitive actions.

"If I'm to be terminated for upholding the highest policing standards, that will be a first in policing and a disgrace to our city," Garcia said in an interview with The Arizona Republic on Thursday afternoon. "City management needs to decide whether they want this city to be run by the unions or this police chief."



In an interview following Zuercher's announcement, the president of a Phoenix police labor group, Joe Clure, said he wouldn't speculate on whether the chief's ultimate departure stemmed from the no-confidence vote. Clure said that, at this point, the reasons were irrelevant.

"We look forward to working with Chief Yahner, now it's all about moving forward and serving the city and doing what we need to do," he said.

Mounting tensions

Garcia was the pick of former City Manager David Cavazos, edging out at least two internal candidates after a 33-year run with the Dallas Police Department.

Garcia's tenure was punctuated by frequent battles with Phoenix police unions: the Phoenix Law Enforcement Association and the Phoenix Police Sergeants and Lieutenants Association.

Disputes stemmed from controversial personnel changes, a new uniform choice, asking officers to retake their oath of office annually, and pushing a pilot program that would have replaced officers' four-day, 10-hour-a-day-per-week schedule to a traditional five-day, eight-hour-a-day workweek. The workweek changes were never implemented.

Resentment came to a head last month, when union leaders jointly called on their members to cast no-confidence votes in the chief, which they hoped would spur his ouster. The move was prompted in part by the suicide of a former officer who had been fired by Garcia for a DUI, despite the chief's knowledge of the officer's post-traumatic stress disorder.

Garcia's public-relations woes escalated earlier this month, when an officer shot and killed an unarmed Black man suspected of selling drugs after the officer mistakenly believed the man was clutching a gun.

The death triggered downtown protests, localizing a national debate on race and policing and sharpening public scrutiny on Phoenix police's embattled brass.

Until recently, Garcia himself managed to evade the brunt of public censure over the death, assuaging critics by releasing the name of the officer involved in the shooting and vowing a thorough investigation into the matter.

But the focus was again directed to Garcia during Wednesday's City Council meeting.

After a procession of civic leaders blasted city officials for allowing relations between police and residents to deteriorate, DiCiccio remarked on the notable absence of Garcia or any of his top officials at the heated gathering.

Councilwoman Laura Pastor echoed his sentiment. "I do have an issue with the chief not being here," she said. "I feel as a responsibility — as a leader — he should have been here to hear what is happening. For me, it is inexcusable."

Moving forward

Thursday's termination came as a surprise to everyone, particularly Garcia's direct supervisor.

Prior to Garcia's conference, Zuercher had planned to bring in a mediator to help mend relations between the chief and the unions, the city manager said.

But any plans for reconciliation folded after the afternoon conference.

Zuercher said he called Garcia and asked him to come over. Garcia was already on his way.

The single act of insubordination may ultimately overshadow any intent Garcia may have had to tout his accomplishments as chief. This year is poised to see an overall 7 percent reduction in crime, including a 11.6 percent reduction in homicides, 4.9 percent reduction in violent crime and a 6.9 percent reduction in property crime.

"I told him that I was disappointed that he had chosen not to listen to a direct order and I expected collaboration and communication," Zuercher said.

Zuercher said the searches have traditionally tapped into a national pool of candidates. "I would expect to follow that pattern ... but I don't have any timetable at this time," he said. "It's too soon."

Republic reporter Dustin Gardiner contributed to this article.