The Phoenix Veterans Affairs Police Department retained
Joshua E. Fister in law enforcement and supervisory positions following
substantiated racial harassment and separate sexual misconduct findings in 2023. Despite these documented findings, Fister continued serving in supervisory and temporary command assignments before being reassigned in late August 2026 to a GS-1801 Law Enforcement Specialist position.
SUMMARY OF DOCUMENTED FACTS 1. Substantiated Racial Discrimination
The investigation documented repeated racially offensive remarks and conduct by Fister over approximately two years. The following incidents are recorded in the agency's decision:
- March 10, 2021 — Whites Versus Blacks: During a departmental meeting, Fister allegedly exclaimed, "There's more of them than us! Whites versus Blacks!" He testified that he did not recall making the statement.
- March 18, 2021 — Apples & Brown Sugar: Fister sent the Black officer a photograph of hand soap labeled "APPLES & BROWN SUGAR," accompanied by the message, "Wife bought a new soap and I thought of you." Fister admitted sending the photograph and text.
- March 20, 2022 — Associating With the Enemy: After encountering the complainant having lunch with another police officer, Fister reportedly questioned the officer about spending time with him. The officer testified that Fister described him as "hanging out with the enemy." Contemporaneous text messages corroborated that a conversation occurred.
- April 21, 2022 — Black Panther Party: While the complainant was speaking with two other Black VA Police Officers, Fister approached and reportedly stated, "Didn't mean to mess up your Black Panther Party!" Both witnesses corroborated the remark.
- July 28, 2022 — The Mr. Tibbs Incident: Fister addressed the Black officer by stating, "They call me Mister Bennett!" The remark referenced the iconic line, "They call me MISTER TIBBS!" delivered by Sidney Poitier as Detective Virgil Tibbs in the 1967 film In the Heat of the Night. In the film, Tibbs delivers the statement after a white Mississippi police chief makes a racially derogatory remark and questions what people call him. The famous response represents a Black law enforcement officer asserting his dignity and demanding respect in the face of racism. Fister admitted making the remark.
The VA determined that the repeated conduct established a racially hostile work environment. It further concluded that management should have known about the harassment but failed to investigate or take prompt and effective corrective action.
The Final Agency Decision expressly identified Joshua E. Fister, GS-10 Supervisory Police Officer, as the responsible management official. The agency ordered four hours of mandatory EEO training, two hours of sensitivity and diversity training, and consideration of disciplinary action. The decision specifically stated that training did not constitute discipline.
2. Continued Supervisory Authority Following the Findings
Despite the separate administrative findings in September and October 2023, Fister remained in police management and subsequently received temporary command assignments.
Published accounts of internal correspondence describe Fister being designated Acting Chief of Police on August 27–28, 2025. Additional temporary command assignments were reported during 2026.
These assignments are part of the historical record of how the Phoenix VA Police Department handled Fister's continued responsibilities following the substantiated findings.
3. Reassignment to Law Enforcement Specialist
In late August 2026, Fister was reportedly moved from his supervisory role and reassigned to a GS-1801 Law Enforcement Specialist position.
Although the reassignment changed his job title and supervisory responsibilities, the findings concerning his conduct remain part of his documented employment history.
The scope of his new position, including any investigative duties, access to body-worn camera footage, law enforcement databases, physical-security records, credentials or arrest authority, should be established from official records. A change in occupational series does not, by itself, establish which law enforcement authorities an employee retains.
Public Awareness Notice
This petition preserves the documented history of Joshua E. Fister's racial-harassment finding, the separately reported sexual-misconduct finding, and his subsequent retention and reassignment within federal law enforcement.
The October 13, 2023, Final Agency Decision, VA Case No. 200P-644-2022-147530, is an official administrative determination—not merely an unresolved allegation. It identifies Fister as the responsible management official and establishes agency liability for the racially hostile work environment. See Bennett v. U.S. Department of Veterans Affairs, No. 2:24-cv-00084-PHX-SPL (D. Ariz. filed Jan. 11, 2024), ECF No. 15 (Notice of Settlement, May 15, 2024).
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