Zachery Phillips Revised Discipline Order, February 2022

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February 10, 2022

REVISED DEPARTMENTAL ORDER OF DISCIPLINARY ACTION


Case No. P2018-0033

Zachery Phillips (P03011) (Former)


Officer in the Classified Service
of the Denver Police Department

This Departmental Order of Disciplinary Action has been revised by Department of Public Safety
Interim Executive Director Armando Saldate III after he was requested to review the matter by a
community member on behalf of the victim in this case. That review has been completed. The
Department of Public Safety mischaracterized Officer Phillips’ misconduct as a personal
relationship with the victim. It was not a relationship. The original order language has been
modified to correct the record.

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
Phillips. The Written Command determined that Officer Phillips violated RR-105, Conduct
Prejudicial, of the Denver Police Department Operations Manual, when he pursued further
contact with a sexual assault victim he met while on duty outside of his official capacity. The
Written Command determined that this was a Conduct Category C violation for which a penalty
of two (2) fined days was imposed. Officer Phillips agrees with this penalty determination.

On July 2, 2016, Officer Phillips responded to a report of a sexual assault.1 He contacted the victim
and obtained information about the incident. Thereafter, Officer Phillips continued to contact
the victim. He exchanged texts with her, talked on the telephone with her and saw her in person
on at least two occasions. No texts of a sexual nature were exchanged, and no allegations of
sexual misconduct were made against Officer Phillips. This misconduct continued for at least a
year and then ended.

Officer Phillips acknowledges that he engaged in inappropriate behavior and has taken complete
responsibility 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 discipline of the
Department or conduct unbecoming an officer which:

1
The misconduct in this case occurred prior to the discipline imposed in Case IC20I7-0019 and thus, has no impact
on the stipulation reached in that case.

Department of Public Safety


1331 Cherokee St. #302 | Denver, CO 80204
www.denvergov.org/safety
p. 720-913-6020 | f. 720-913-7028
DEPARTMENTAL ORDER OF DISCIPLINARY ACTION Page -2-
Case No: P2018-0033

ZACHERY PHILLIPS (P03011) (Former)


Officer in the Classified Service
of the Denver Police Department

(a) May or may not specifically be set forth in Department rules and regulations or
the Operations Manual

Officer Phillips investigated a report of a sexual assault and engaged in contact with the victim
outside of his official duties. In doing so, Officer Phillips violated this departmental rule because
he "engage[d] in conduct prejudicial to the good order and police discipline of the Department."

A violation of RR-105 appears in Conduct Categories A through F of the disciplinary matrix. Officer
Phillips had inappropriate contact 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 operations or professional
image of the Department, or on relationships with ... the public." As such, this was a Conduct
Category C rule violation.

Officer Phillips has no prior Conduct Category C, or higher, violations within the specified
timeframe of five (5) years that would mandatorily increase the penalty level. Pursuant to the
disciplinary matrix, for a discipline level of three (3), the mitigated penalty is a written reprimand
to one (1) fined 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 in this 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 Phillips' misconduct.

Accordingly, the Written Command is hereby approved. Officer Phillips shall be assessed the
penalty of two (2) fined days for violating RR-105. The fined time will be assessed as sixteen (16)
hours in Work 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 Phillips' agreement to accept the
discipline as stated above and waive further disciplinary process.

BY ORDER:

______________________________ 02/10/2022
Armando Saldate III Date
Interim Executive Director of Safety

Zachery Phillips is no longer a Denver Police employee. Personal service is not required.

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