se i ena Overatne Ogun te) DENVER st cote see PUBLIC SAFETY a veadeneeraca April 0, 2018 DEPARTMENTAL ORDER OF DISCIPLINARY ACTION ‘Case No. P2018-0033 Zachery Philips (03011) Officer 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 Officer Zachery Philips. The Writen Command datermined that Officer Philips violated RA-105, Conduct Prejudicial, of the Denver Police Department Operations Manual, when he had a personal relationship with a sexual assault vicim he met while on duty. The Written Command determined thet this was a Conduct Category C violation for which a penalty of two (2) fined days was imposed. Officer Philips agrees with this penalty determination (On July 2, 2016, Officer Philips responded to a report of a sexual assault.’ He contacted the victim and obtained information about the incident. Thereafter, Officer Philips remained lnccontact withthe victim. He exchanged texts with her, talked on the telephone with ner and ‘saw her in person on at least two occasions, No texts of a sexual nature were exchanged, and no allagations of sexual misconduct ware made against Officer Philips This relationship continued for at least a year and then ended Officer Philips acknowledges that he engaged in inappropriate behavior and has taken complete responsibilty for his actions, RR-105, Conduct Prejudicial, of the Denver Police Department Operations Manual, provides that, (Officers shall not engage in conduct prejudicial to the good order and police discpine of the Department or conduct unbecoming an officer which: (@) May or may not specifically be set forth in Department rules and regulations or the Operations Manual. relationship with the victm. In doing 50, Oficer Philips violated this departmertal rule because he “engageld] in conduct prejudicial to the good order and police discipine of the Department. {A violation of RIR-105 appears in Conduct Categories A through F of the disciplinary matrix. Officer Philips had a personal relationship with a sexual assault victim he met while on duty. In doing so, he engaged in conduct that had a ‘pronounced negative impact on the: "The misconduct in his ete oer rie othe discipline imposed in Case 1207-0019 ond ths, asm inact on ‘he spuation eaced ia that caseDEPARTMENTAL ORDER OF DISCIPLINARY ACTION, Page-2- Case No: P2018-0033 ZACHERY PHILLIPS (P03011) Officer in the Classified Service of the Denver Police Department ‘operations or professional image of the Department, or on relationships with...he public.” {As such, this was a Conduct Category C rule violation. Officer Philips has no por Conduct Category C, or higher, violations within the specified time-frame of five (5) years that would mandatory increase the penalty level. Pursuant to the disciplinary matrix, fora discipline level of three (3), the mitigated penalty is a writen reprimand to one (1) fired day, the presumptive penalty is two (2) fined days, and the aggravated penalty is four (4) to six (6) fined days. There are no significant aggravating or mitigating factors inthis case that would justify a penalty outside of the presumptive range. ‘As such, the presumptive penalty of two (2) fined days is warranted for Officer Philips misconduct. Accordingly, the Written Command is hereby approved. Officer Philips shall bs assessed. the penalty of two (2) fined days for violating AR-105. The fined time will be assessed as: sixteen (16) hours in Woxk Period 7, 2018. Please be advised that the discipline enumerated in this Order is based upon the Executive Director of the Department of Safety approving Officer Phillipe’ agraoment to accept the ipline as stated above and waive further disciplinary process. BY ORDER: eo ely OFFICER'S RETURN | hereby certify that | received the within Departmental Order of Digaipinary Action and have eivered a true copy thereat to the wihin-named Zachery Philips this 4” cay of May, 2016. ‘Signature TJ CASIAS oat rinted Nam: