TL/DR –
The City of Phoenix has agreed to alter the findings of a discrimination report, cease ongoing internal investigations, and not initiate any new investigations into the former deputy head of the police department as part of a settlement with former Executive Assistant Chief Michael Kurtenbach. In return, Kurtenbach has consented to retire and not sue the city. The agreement will see the city close a specific Equal Opportunity Department (EOD) investigation and change some of the report’s findings to “unsubstantiated”, despite previous reports of Kurtenbach witnessing an assistant chief using a racial slur without reporting or addressing it.
Phoenix’s Agreement with Former Police Official Alters Discrimination Investigation Report
The City of Phoenix has agreed to alter the findings of a discrimination investigative report as part of a special agreement. This arrangement includes ending active internal investigations and prohibits future investigations into former Executive Assistant Chief Michael Kurtenbach. This significant agreement received endorsements from several high-ranking officials, such as Chief Michael Sullivan.
In exchange for these concessions, Kurtenbach consents to retire and abstain from legal action against the city. A link to an internal report detailing accusations against Kurtenbach has been provided.
Agreement Details
The agreement specifies that the city will conclude a particular Equal Opportunity Department (EOD) investigation and adjust some report findings to “unsubstantiated.” This particular discrimination investigation was covered by ABC15 in 2023. Kurtenbach, currently employed in a top position at Arizona’s education department, denies these allegations robustly.
Investigation Findings and Conflict
An initial report revealed that an assistant police chief had used racial slurs, which Kurtenbach allegedly witnessed but did not report. However, Phoenix released a revised copy of the report where several findings were altered to “unsubstantiated.” The allegations against Kurtenbach concerning misconduct were originally deemed substantial but later changed, resulting in claims that this report was only a draft.
Ramifications and Other Cases
The Kurtenbach case poses bigger questions for Phoenix leaders, who have faced similar accusations in another case. This separate case involves a police commander who filed a federal Equal Employment Opportunity Commission (EEOC) charge alleging sex discrimination and retaliation.
Furthermore, the city’s settlement with Kurtenbach is considered in a separate retaliation lawsuit by other police officials. In a sworn declaration, Commander Gabriel Lopez pointed out the uneven application of discipline within the Phoenix Police Department, using the Kurtenbach agreement as evidence.
Kurtenbach’s Denial to Allegations
In an email statement, Kurtenbach’s attorney firmly denies any engagement in discriminatory behavior by Kurtenbach and maintains that he fully supports the fair treatment of all employees. The lawyer also notes that the final investigation findings, which found all allegations related to Kurtenbach unsubstantiated, reflect the original conclusion of no policy violation.
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