Jess Vigil Deputy Director of the Department of Safety herckee treat 1? a: 13310 .1: a" Room 302 PUBLIC SAFETY Denver. CO 80204 p: 720.913.6020 f: 720.913.7028 W12 September 19, 2017 Departmental Order of Disciplinary Action and Negotiated Stipulation and Agreement Case No. I02017-0019 Zachery Phillips, P03011 Corporal in the Classified Service of the Denver Police Department This is before the Executive Director of the Department of Safety to approve, disapprove or modify the Chief of Police's Written Command ordering disciplinary action against Corporal Zachery Phillips. The Written Command determined that Corporal Phillips committed violations of Conduct Prohibit by Law, as it pertains to 18-7-202 (Soliciting Prostitution), and Prohibited Associations, of the Denver Police Department Operations Manual, when he engaged a prostitute for a sexual act and then pursued a social relationship with her. The Written Command determined that these were Conduct Category rule violations and imposed penalties of termination. Pursuant to the Negotiated Stipulation and Agreement, attached to this Order, the dismissal from the Classified Service will be held in abeyance for a period of twelve (12) months, subject to the terms and conditions, as discussed below, and set forth in the Negotiated Stipulation and Agreement. On February 8, 2017, the Denver Police Vice Narcotics Team conducted an undercover prostitution investigation involving a woman with the initials SJ at the Marriott Hotel located at 685 N. Speer Blvd. SJ was arrested and a search of her hotel room revealed she was in possession of suspected crack cocaine. SJ was charged with Possession of a Controlled Substance and Prostitution. On February 10, 2017, DPD detectives contacted her outside of the Denver Detention Center, shortly after she had bonded out. SJ agreed to meet with the officers to discuss her knowledge of drug dealers. prostitution, pimping, and on-line escort websites. SJ also provided information about a Denver police officer who had allegedly paid for sexual acts with her in the past. She identified Corporal Zachery Phillips as the officer who had paid her for sexual acts. An IA investigation ensued. Corporal Phillips acknowledged that he knew SJ. He indicated that SJ came to his house for a massage around November or December of 2016. He stated he did not remember the agreed upon price for the massage, but thought it was ?around Corporal Phillips admitted that SJ spent the night and slept with him in his bed. However, he denied that there were any sexual acts performed by SJ while she was at his house. The preponderance of evidence indicates that he paid SJ for a sexual act. Corporal Phillips and SJ continued their relationship and dated for a brief period following the encounter at his home. Although he denied having knowledge that SJ engaged in acts DEPARTMENTAL DISCIPLINARY ACTION Page - 2 - Case: [02017-0019 Zachery Phillips, P03011 Corporal in the Classified Service of the Denver Police Department of prostitution, the credible evidence indicates otherwise. SJ had served time in prison for burglary and was on parole. Corporal Phillips is productive member of the Department, has a good work history and no significant disciplinary history. FIR-115.1, Conduct Prohibited by Law, of the Denver Police Department Operations Manual, provides that, Officers shall obey the Charter of the City and County of Denver, all City ordinances, and all state and federal statutes. C.R.S. 18-7-202 Soliciting Prostitution (1) A person commits soliciting for prostitution if he: Solicits another for the purpose of The preponderance of evidence indicates that Corporal Phillips violated this departmental rule when he solicited SJ for a sexual act in exchange for money in violation of 18- 7-202. A violation of as it pertains to 18-7-202, Soliciting Prostitution appears in Conduct Categories A through of the disciplinary matrix. By soliciting a sexual act in exchange for money in violation of 18-7-202, Corporal Phillips' misconduct is a Category rule violation because it involves conduct that constitutes a ?willful and wanton disregard of Department [an] act which demonstrates a serious lack of the integrity, ethics or character related to an officer?s fitness to hold the position of police officer[, egregious misconduct substantially contrary to the standards of conduct reasonably expected of one whose sworn duty is to uphold the law." FIR-141.1, Prohibited Associations, of the Denver Police Department Operations Manual, provides that, Officers shall not knowingly fraternize, associate, or continue to associate with any person whom the officer reasonably believes to be engaging in or planning to commit criminal activities where further contact with such individual(s) is reasonably likely to damage public trust; adversely affect the officer's credibility or integrity; or create the appearance of impropriety, a conflict of interest, or corruptive behavior. The only exceptions to this rule will be interactions in accordance with authorized DPD duties and relationships, including immediate family members, where the relationship has been approved by the Chief of Police or the Chief?s designee as per FIR-141.2. Corporal Phillips solicited a prostitute in violation of departmental policy and continued a relationship with her for a short time. In doing so, he ?knowingly, associate[d], or continue[d] to associate with any person whom the officer reasonably believed to be engaging in or planning to commit criminal activities where further reasonably likely to damage public trust; adversely affect the officer?s credibility or integrity; or create the appearance of impropriety, a conflict of interest, or corruptive behavior." DEPARTMENTAL ORDER OF ACTION Page - 3 - Case: Zachery Phillips, P03011 Corporal in the Classified Service of the Denver Police Department A violation of FIR-141.1 appears in Conduct Categories through of the disciplinary matrix. By knowingly continuing a relationship with a woman involved in criminal activity, Corporal Phillips' misconduct is a Category rule violation because it constitutes a ?violation a willful and wanton disregard of Department [an] act which demonstrates a serious lack of the integrity, ethics or character related to an officer?s fitness to hold the position of police officer[, egregious misconduct substantially contrary to the standards of conduct reasonably expected of one whose sworn duty is to uphold the law." Although the rule violations Corporal Phillips has committed carry presumptive penalties of dismissal from the Classified Service, the significant and weighty mitigating factors that are present support the lessor penalties, as set forth in the Negotiated Stipulation and Agreement. Corporal Phillips has no significant prior disciplinary history. As noted above, he has a good work history with the Department and has been a productive member of the Classified Service. Finally, he has accepted responsibility for his actions as evidenced by his acceptance of the terms and conditions of the Negotiated Stipulation and Agreement. Accordingly, the Written Command is hereby approved. Because of the weighty mitigating factors discussed above, the penalties of termination for each rule violation shall be held in abeyance for a period of twelve (12) months from the date of this Order, provided that Corporal Phillips comply with all the terms and conditions of the Negotiated Stipulation and Agreement. Those terms and conditions shall include: a that Corporal Phillips commit no further rule violations of a Conduct Category or higher during the twelve (12) month period, irrespective of when the rule violations are sustained. a that Corporal Phillips serve consecutive aggravated penalties of fifteen (15) suspended days without pay as penalties for sustained violations of the above rules as Conduct Category violations. These rule violations and penalties shall remain as permanent entries in Corporal Phillips? disciplinary record at the end of his successful completion of the period of abeyance. The fifteen (15) day suspension without pay imposed for violation of FTP-115.1, a Conduct Category violation, and the fifteen (15) day suspension without pay imposed for violation of FIR-141.1, a Conduct Category violation, for a total of thirty suspended days without pay, shall be served as follows: a Ten (10) suspended days shall commence on Sunday, October 22, 2017, through and inclusive of Tuesday, October 31, 2017. 0 Ten (10) suspended days shall commence on Sunday, November 5, 2017, through and inclusive of Tuesday, November 14, 2017. DEPARTMENTAL ORDER OF DISCIPLINARY ACTION Page - 4 - Case: lC20?l7-0019 Zachery Phillips, P03011 Corporal in the Classified Service of the Denver Police Department a Ten (10) suspended days shall commence on Sunday, December 3, 2017, through an inclusive of Tuesday. December 12, 2017. Pursuant to DPD Discipline Handbook. Section 35.3, the negotiated settlement of the discipline imposed in this case is not to be used for evaluation of discipline in other cases, nor to determine whether discipline received by other members of the Classified Service is consistent with the discipline imposed in this matter for the violations discussed above. Please be advised that, pursuant to the attached Negotiated Stipulation and Agreement, Corporal Phillips has waived any right to appeal this Order to the Civil Service Commission, under the provisions of Denver City Charter Section BY ORDER: MW 0% (Hex/7 Deputy Directoi" of Safety Date I hereby certify that I received the within Departmental Order of Disciplin ry Action and have delivered a true copy thereof to the within-named Zachary Phillips this X1 day of September 2017. as?? Signature Printed Name AND Zaehar} Phillips and the Department ot'Sal?ety 'l?hls Negotiated Stipulation and Agreement ("Agreement") is made hem cent the (it) and t'ount} oI'Dem er and the Department ot'H?al'et) ("the flex") and Zachar} Phillips Philiips"): \lr. Phillips is emplo}ed h} the it} as a ('orporal in the Demer Police Department: and I ill? Mr. Phillips ?as subject to discipline Ior iolating Dem er Police Department Rules and Regulations in Case l('2U and I II .XS. Phillips and the desire to resolse all disputes raised ht reason ol'his potential diseiplinar) appeal \sithout the need [or litigation. . in consideration ol? the mutual athantages hereir. contained. and further in eonsideration ot' the mutual promises and em enants hei'einal'tel more speeilieall} set lin?th. the patties hereli) ll?l'l. l? as I. I he its agrees to: ind that Mr. Phillips iolated I . I. Plohihited -\.ssociations. as a ('onduel (allegor) iolation- hi i ind that Mr. Phillips \iolated (onduet Prahthited h} lots. as it pertains to Iii-74102. Ptoslitutiou. as a ('ondoet alegor} iolation: Cl Impose a penall} ol' termination. held in abeyntee l'or tuelxe HE) months. el'l'eetis the date ol'tliis agreement. ll' Mr. Phillips has eomnlitted no further iule \iolationts) during this ll. txselte til) month period ol a (onduet ('ategor} or greater. iI?reLspeetise of ?hen the} are .sustalned h} the ('hiel or the seeutise Director of Safety. the sustained tinding ol mo ('onduet illegal!) I iolations together with the penalt} ol'termination \s ill he rentm ed ti om \lr. Phillips's tile. lloiseter. the Letter \sill not he remot ed from his personnel tile and the tile \sill retieet the sustained \iolations ol' RR-HIJ. Prohibited Associations. and onduet Prohibited h} I an. as onduet (?ategoi's l) \iolations? \sith eonseeutiw aggraxated penalties 13 suspended dd}.s \sithout pa} for eaeh \iolalion- tor a total o1 it! suspended dass. ll?Mr. Phillips eommits a further rule \iolation during this tiselxe (13) month period ol'a Conduct Categor} or greater. irl'es?peetite at when the \iolation is sustained by the Chief or the I Director of the \till impose the pcttalt) For the sustained linding of mo (?onduet ('atcgor} \iolations. lhe Conduct (?ategors siolalions ill be subsumed in the Conduct ategor} l- iolalions. 2. In exchange. Mr. Phillips agrees: that the penalties of termination currentl} held in ahe>ance ?ill be reinstated if he commits an} role \iolatioms) ot' a ('onduct Categor} or greater in the [\sehe 2) months subsequent to the signing ol'this agreement. that are sustained. irrespectite ol'thc date the (?hiel'or the l?xectnite Director oI'Fsatlet} has sustained such rule iolationls): (2) to sen aggras ated penalties or lilieen l5) da_s suspension ttithout pa} lirrtiolalion and l5.l. lora total ol'thirt} da}s suspension: (3) to aais an) right to appeal the discipliltal?} determinations and penalties set l'erth in the Disciplinar) letter to the Dem er ('it it Sers ice Commission. 3 l'his -\greentent is a release ol disputed claims and does not constitute an admission ol' Iiahilit} on the part ol' the Department ot Sale!) or the (It) and ('ount} ol' Denier as to an) matters \shatsoes er. lhis Agreement has been drafted al'ter negotiation betsseen the Cit} and \lr. Phillips. 'lherci'ore. it is not to he strictl} construed against an} part} to this -\greemeat. hut instead. it is to be construed fairl}. according to the plain meaning ol' its terms. i llte parties hereto acknooledgc that this Agreement constitutes a lull. ?nal and settlement of their differences and supersedes and replaces an} and all other \sritten or oral exchanges. agreements. understatnlings. arrangements. negotiations. mediation agreements. or memorandums of understanding hettseen or among them relating to the subject matter hereol'. and al'lirmatisel} state that there are no other prior or contemporaneous agreements. eschanges. representations. arrangements. or understandings. \sritten ororal. hem een or among them relating to the subject matter hereof. otherthan that as set lorth herein and that this Agreement contains the sole and entire .\gl'eeltteltt hettseen them. [he parties aclsnots ledge that the} hase consulted \sith their attorness prior to executing this Agreement. or ?ere gisen the to consult uith all altorne} l'he patties represent that the} hase read this Agreement and understand each ol its terms. \lr. Phillips l'urther represents that no representatises. promises. agreements. stipulations. or statements hate been made h} this it}. or their successors. predecessors. assigns. ot'licers. cumin} ecs. superi isors. agents. attorne} s. or representatise to induce this settlement. he_sond those contained herein and that he signs this Agreement as his otsn li'ee act 8. [his Agreement shall be binding on and shall inure to the henelit ol' the parties hereto and their respectite heirs. legal representatises. successors. and assigns. [he insalidit} or unenliwrceahilit) oi'one or more pros isions ol'this .\greement shall not al?l'ect the talidit) or cnl'orceahilil} of an} ol the other l'sions hereof. and this \greement shall be construed in all respects as it'such intalid or unenforceable pros ision or prmisions were omitted. ID The parties hereto acknowledge that this Agreement constitutes a full. ?nal and complete settlement of their differences and supersedes and replaces an} and all other ts ritten oral exchanges. agreements. understandings. arrangements. or negotiations between or among them relating to the subject matter hereol'. and al'l'trmatitel} state that there are no other print or contemporaneous agreements. exchanges. representations. arrangements. or understandings. Mitten or oral. betneen or among them relating to the subject matter ltereol. other than that as set forth herein and that this Agreement contains the sole and entire Agreement them. lite parties hereto lurther acknowledge and agree that language proposed l'or. deleted li?om. or otherwise changed in the various? drafts ol'this Agreement. but not included herein. shall not be considered in an} ssa) in the interpretation and application ol'this Agreement. and shall not in an} ssa} affect the rights and obligations of the parties hereto. lliis Agreement ma} be executed in counterparts or with signatures obtained \ia facsimile transmission. each shall hate full force and cl'l'ect upon execution b} all parties to this Agreement IE. it is. understood and agreed that this Agreement shall be gi-terned construed. and enforced in accordance txilh and subject to the lu\\H ol'the State ol'L'olorado. c. H4 l\ the parties hereto ltd\L? executed this Agreement thus day at T. 2n SMll- )ss. t?Ot is IY oi- MEML) [35 Can less \?igtl eput? Director oi SaletSubscribed and worn to belore me this ]da} ol b} Akbar} Phillips w- Notar} l?ublic JANE A. REIVER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19994013102 MY COMMISSION EXPIRES 05i1712019 \lx Commission expires.