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To: Reginald G. A. Neal, Ed.D | Assistant Secretary, Operations, Security, and Preparedness (OSP)

Veterans Affairs Converts Officer With Racial Harassment Findings to a "Law Enforcement Specialist"

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 

On October 13, 2023, the VA Office of Employment Discrimination Complaint Adjudication (OEDCA) issued a Final Agency Decision in Case No. 200P-644-2022-147530, substantiating an unlawful racially hostile work environment involving a Black Phoenix VA Police officer. 

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).  

Why is this important?


  1. Protecting Veterans and Public Trust:  Phoenix VA Police officers are entrusted with protecting veterans, employees, visitors, and federal facilities. Concerns involving substantiated racial harassment, retaliation, and leadership misconduct raise broader questions regarding professionalism, integrity, judgment, and public trust within a federal law enforcement environment. 

  2. Federal Civil Rights Concerns:   Official findings substantiated racial harassment involving an African-American employee within Phoenix VA Police leadership structures. These concerns directly implicate Title VII of the Civil Rights Act of 1964 and broader federal workplace protections intended to prevent discriminatory and hostile work environments. 

  3. Leadership Retention Despite Findings:  A major concern is not simply that findings existed, but that Phoenix VA Health Care System's  "Executive Leadership" retained the same management officials despite awareness of substantiated findings, complaints, and workplace concerns over multiple years. Critics argue this reflects a broader culture of institutional protectionism rather than accountability. 

  4.  Whistleblower and Retaliation Concerns:  Employees and observers have raised concerns regarding retaliation, intimidation, and the dismissal of employees as “disgruntled” after reporting misconduct or workplace concerns. Such perceptions can discourage reporting, damage morale, and weaken confidence in internal accountability systems. 

  5.  Preservation and Public Awareness:  This publication exists to preserve publicly accessible information regarding Phoenix VA Police leadership history, substantiated findings, oversight awareness, and workplace culture concerns so that current and future employees, applicants, veterans, and members of the public may independently review and assess the documented record. 

Updates

2026-01-07 19:38:09 -0500

Inside a Failed OIG Investigation: Records Show Phoenix Veteran Affairs Police Corruption — Case No. 2024-02060-HL-0660 — Referred to Their Own Oversight (OS&LE) and Cleared ("Non-Sustained")

https://archive.org/details/va-oig-hotline-case-2024-02060-hl-0660-complaint

2026-01-02 02:17:10 -0500

VA OIG Complaint: #2024-03707-HL-1220 (Firearm & Sexual Harassment)

FOIA records raise serious concerns about Phoenix VA Police oversight. A firearm incident involving a non-patient employee was handled under a patient-only policy exception, limiting scrutiny. A related Harassment Prevention Program complaint substantiated 3 of 4 claims, confirming misconduct.

This occurred three days after the April 1, 2024 VA police tragedy in Kansas. Despite multiple harassment complaints elevated throughout 2025 to VA leadership and oversight offices, records reflect minimal corrective action.
Read the documents here:

https://www.scribd.com/document/974782995/VA-OIG-Complaint-2024-03707-HL-1220-Firearm-Sexual-Harassment

2025-12-16 06:29:43 -0500

"OAWP Overtime Investigation Memorandum, 25-PhoenixAZ-28230 (Phoenix Veterans Affairs Police)"

https://www.scribd.com/document/967299488/OAWP-Overtime-Investigation-Memorandum-25-PhoenixAZ-28230-Phoenix-Veterans-Affairs-Police

This May 22, 2025, OAWP memorandum details a VA self-investigation (case 25-PhoenixAZ-28230) into anonymous claims of improper overtime at Phoenix VA Police for "investigative assistance" tasks, possibly violating 38 USC 902. OAWP's team found no issues, labeling overtime as administrative (e.g., document prep for audits), and closed the case.

However, conducting their own probe raises impartiality doubts, especially reinterpreting "investigative assistance" to avoid scrutiny—amid VA's ongoing scandals of racism, discrimination, retaliation, harassment, and abuse, particularly at Phoenix VA Police, fueling suspicions of bias or cover-ups.

2025-11-28 16:43:03 -0500

10 signatures reached

2025-11-28 08:28:12 -0500

As of October 16, 2025, the Concerned Citizens of Arizona have established direct communication with senior leadership in the VA’s Office of Security & Preparedness (OSP). OSP has formally acknowledged our concerns about corruption, discrimination, retaliation, and other unlawful practices within the Phoenix VA Police Department.

This acknowledgment puts the VA on record.
OSP is now fully aware of the long-standing issues — from discriminatory treatment and retaliatory targeting to prohibited personnel practices and constructive discharges used to force employees out.

We remain hopeful that this marks the beginning of meaningful change. The Phoenix VA has operated for too long without accountability. Now that OSP leadership has been notified directly, the responsibility to correct these abuses lies squarely with the Department of Veterans Affairs.

The truth is out.

And the momentum for change has already begun.