Jen VllCJI

Deputy Director of the Department of Safety

ｉ ｾ＠ DENVER 1331 Cherokee Street

Room 302
" PUBLIC SAFETY Denver, CO 80204
p: 720.913.6020
f: 720.913.7028
ＩｗｉＮ､･ｯ ｹ ･｡ｯｾＮ｣ｧｴｳｦｹ＠

February 15, 2018

DEPARTMENTAL ORDER OF DISCIPLINARY ACTION AND NEGOTIATED STIPULATION
AND AGREEMENT
Case No. IC2017-0078

Michael Cordova (P00001)

Detective 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 Detective Michael Cordova. The Written Command determined that
Detective Cordova violated RR-102.1, Duty to Obey Departmental Rules and Mayoral
Executive Orders, as it pertains to Executive Order 112, Violence in the City
Workplace, and RR-112.2, Commission of a Deceptive Act, of the Denver Police
Department Operations Manual, when he intentionally elbowed another officer's arm
and then misrepresented what had occurred during an investigation conducted by the
Internal Affairs Unit of the Denver Police Department. The Written Command
determined that the violation of RR-102.1, as it pertains to Executive Order 112, was
a Conduct Category D rule violation for which a penalty of sixteen (16) suspended days
without pay was imposed. The Written Command imposed a penalty of termination for
the violation of RR-112.2, a pre-determined Conduct Category F specification.
Detective Cordova agrees with the penalties imposed by the Written Command, as
modified in the Negotiated Stipulation and Agreement appended to this Order.
On August 4, 2017, Detective was entering the District 4 Investigations area
when Detective Cordova was exiting the building. Detective noticed Detective
Cordova and moved quickly from the door to avoid any physical contact with him. Both
individuals have had unpleasant and unprofessional physical encounters in the past
while working with the Department. 1 When Detective took a step to the right
of the entryway, Detective Cordova moved toward him and using his elbow struck
Detective s arm. He then asked Detective 'What's your problem?"
Detective replied, "My problem is that you are a child." Fortunately, no further
physical contact between the two officers occurred.

1 Both officers have had an ongoing personality conflict that has involved prior inappropriate physical contact.
Supervisors intervened to address these mallcrs. This is the first incident that has been reviewed in the context of
a disciplinary proceeding.
DEPARTMENTAL ORDER OF DISCIPLINARY ACTION Page - 2 -
Case: IC2017-0078

MICHAEL CORDOVA (P00001)

Detective in the Classified Service
of the Denver Police Department

During the Internal Affairs investigation, Detective Cordova mischaracterized the

physical contact that occurred. He stated that he and the other detective had simply
"bumped into each other."
When shown the video footage that supports Detective version of what
happened during the incident, Detective Cordova stated:
"I see what you're saying on that but my perception about what happened that
day is different from that video interview, or that video that's being portrayed. I
felt like he was doing it on purpose and I was simply shrugging him off. That
was my recollection on it... So, I see what you're saying on there, but that's not
what my intention was, to bump into him, or to antagonize a fight, or to get him
in a fight. ..
Detective Cordova acknowledges that his conduct was inappropriate and has taken
responsibility for his conduct. His supervisors indicated that he is a skilled and
dedicated officer and has contributed significantly to the Department. During his tenure
with the Department, Detective Cordova has been the recipient of twenty-two (22)
commendations, including the Medal of Honor, the Distinguished Service Cross and
four (4) Star Awards. His disciplinary history is minimal.
RR-102.1, Duty to Obey Departmental Rules and Mayoral Executive Orders, of
the Denver Police Department Operations Manual, provides that,
Officers shall obey all Departmental rules, duties, procedures, instructions,
directives, and orders; the provisions of the Operations Manual; and Mayoral
Executive Orders.
As it pertains to,
Executive Order 112 Violence in the City Workplace
Examples of unacceptable behavior that is prohibited by the Executive
Order:
1.0 The following conduct will not be tolerated ...

a. Intimidating, threatening or hostile behaviors, physical assault.. .or other acts

of this type which are clearly inappropriate to the workplace ...

Detective Cordova engaged in "[i]ntimidating, threatening or hostile behaviors,

physical assault. .. or other acts of this type which are clearly inappropriate to the
workplace" when he struck Detective 's arm with his elbow as he was exiting
a police building. In doing so, Detective Cordova violated this departmental rule.
A violation of RR-102.1, as it pertains to Executive Order 112, appears in Conduct
Categories A through F of the disciplinary matrix. By exhibiting assaultive behavior
toward Detective Detective Cordova's misconduct was "substantially
contrary to the values of the Department [and] ... substantially interferes with its
DEPARTMENTAL ORDER OF DISCIPLINARY ACTION Page - 3 -
Case: IC2017-0078

MICHAEL CORDOVA (P00001)

Detective in the Classified Service
of the Denver Police Department

mission, operations or professional image." As such, this was a Conduct Category D

rule violation.
Detective Cordova has no prior Conduct Category D, or higher, violations within the
specified time-frame of seven (7) years that would mandatorily increase the penalty
level. Pursuant to the disciplinary matrix, for a discipline level of five (5), the mitigated
penalty is a four (4) to six (6) day suspension, the presumptive penalty is a ten (10)
day suspension, and the aggravated penalty is a fourteen (14) to sixteen (16) day
suspension. Although Detective Cordova is taking responsibility for his conduct, his
previous history with Detective and the assaultive behavior exhibited here
warrants a penalty in the aggravated range. Workplace violence cannot be tolerated.
The maximum penalty of sixteen (16) suspended days without pay is appropriate.
Detective Cordova is placed on notice that if he engages in similar behavior in the
future he will be dismissed from the classified service.
RRR112.2, Commission of a Deceptive Act, of the Denver Police Department
Operations Manual, provides that,
b. In connection with any investigation or any judicial or administrative
proceeding, officers shall not knowingly commit a materially deceptive act,
including but not limited to departing from the truth verbally, making a false
report, or intentionally omitting information.

Detective Cordova mischaracterized the physical contact he had with Detective

during the Internal Affairs investigation of the incident. In doing so, he violated
this departmental rule because he "knowingly commit[ted] a materially deceptive act."
A violation of RR-112.2 appears in Conduct Category F of the disciplinary matrix
because it involves 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." The
disciplinary matrix provides that the penalty for this violation is termination.
The disciplinary matrix recognizes that a false statement allegation if proven, need not
automatically lead to discharge." In appropriate cases, a mitigated penalty may be
appropriate, where for example, "an admission of untruthfulness is made after an
officer has been untruthful." Similarly, if "special circumstances" warrant a different
penalty, "going outside the matrix" is appropriate inorder to avoid "an unjust result or
[a] fail[ure] to reflect the totality of the particular circumstances."
The totality of the circumstances in this case compels the conclusion that a penalty
that does not involve immediate termination for this rule violation is warranted. As noted
above, Detective Cordova has taken responsibility for engaging in egregious
misconduct. He has no prior significant disciplinary history and has been the recipient
of several awards and commendations. Other than the behavior noted in this Order,
Detective Cordova has served the Department well. He is a skilled and dedicated
police officer.
Accordingly, the Written Command is approved in part and modified in part as follows:
DEPARTMENTAL ORDER OF DISCIPLINARY ACTION Page - 4 -
Case: IC2017-0078

MICHAEL CORDOVA (P00001)

Detective in the Classified Service
of the Denver Police Department

• Detective Cordova shall serve a sixteen (16) day suspension without pay for
violating RR-102.1 as it pertains to Executive Order 112. The period of
suspension will begin on Sunday, March 25, 2018, through and inclusive of
Monday, April 9, 2018.

• Detective Cordova shall receive the penalty of dismissal from the classified
service for violating RR-112.2. Pursuant to the Negotiated Stipulation and
Agreement, the termination shall be held in abeyance for eighteen (18) months,
effective as of the date the Negotiated Stipulation and Agreement is executed,
and subject to the conditions set forth therein.
Please be advised that the discipline enumerated in this Order is based upon the
approval and execution of the Negotiated Stipulation and Agreement appended to this
Departmental Order of Disciplinary Action and Detective Cordova's agreement to
accept the discipline as stated above and waive further disciplinary process.

ｾＱ＾＠ ｾＱｙ＠
Date

OFFICER'S RETURN

I hereby certify that I received the within Departmental Order of Disciplinary Action and
have delivered a true copy thereof to the within-named Michael Cordova this ,&._ day
of February, 2018.

Sign atu

,-Z:::.i h Ｌｾ｣＠
Printed Name
at.>73
 NEGOTIATED STIPULATION AND AGREEMENT
Michael Cordova and the Department of Safety

This Negotiated Stipulation and Agreement (';Agreement") is made between the City and
County of Denver and the Department of Safety ("the City") and Michael CordovaC·Mr.
Cordova"):

WHEREAS, Mr. Cordova (POOOOl) is employed by the City as an Officer in the Denver
Police Department; and

WHEREAS, Mr. Cordova was subject to discipline for violating Denver Police
Department Rules and Regulations in Case No. IC2017-0078; and

WHEREAS, Mr. Cordova and the City desire to resolve all disputes raised by reason of
his disciplinary appeal without the need for further litigation.

NOW, THEREFORE, in consideration of the mutual advantages herein ｣ｯｮｴ｡ｩ･､ ｾ＠ and

further in consideration of the mutual promises and covenants hereinafter more specifically set
forth , the parties hereby STIPULATE AND AGREE as follows:

I. The City agrees to:

a) Find that Mr. Cordova violated RR-112.2, Commission of a Deceptive Act, as

a Conduct Category F violation.

b) For the RR-I 12.2 violation, impose a penalty of termination, held in abeyance
for eighteen ( J8) months, effcclive the date of this agreement. If Mr. Cordova
has committed no further rule violation(s) during this eighteen (18) month
period of a Conduct Category D or greater that are sustained, at any time, by
the Chief or the Executive Director of Safety, the Conducl Category F
violation and the penalty associated with it will be removed from Mr.
Cordova's disciplinary/personnel file. However, the Disciplinary Letter will
not be removed from Mr. Cordova's disciplinary/personnel file.

c) Find that Mr. Cordova violated RR-102.1, Duty to Obey Departmental Rules
and Mayoral Executive Orders, as it pertains to Executive Order I l 2,
Violence in the City Workplace, as a Category D violation, and impose a
penalty of sixteen suspended days.

2. In exchange, Mr. Cordova agrees:

a)That the penalty of termination currently for violation of RR-112.2, held in

abeyance, will be reinstated if he commits any rule violation(s) of a Conduct
Category D or greater in the eighteen ( 18) months subsequent to the signing
of this agreement, that are subsequently sustained, irrespective of the date the
Chief or the Executive Director of Safety has sustained such rule violation(s).
 b) To serve a 16-day period of suspension without pay for violation of RR-102.1.
as it pertains to Executive Order 112.

c) To waive any right to appeal the disciplinary detenninations and penalties set
forth in the Disciplinary Letter to the Denver Civil Service Commission

3. This Agreement is a release of disputed claims and does not constitute an

admission of liability on the part of the Department of Safety or the City and County of Denver
as to any matters whatsoever.

4. This Agreement has been drafted after negotiation between the City and Mr.
Cordova. Therefore, it is not to be strictly construed against any party to this Agreement., but
instead, it is to be construed fairly. according to the plain meaning of its terms.

5. The parties hereto acknowledge that this Agreement constitutes a full, final and
complete settlement of their diffcrences and supersedes and replaces any and aJJ other written or
oral exchanges, agreements. ｵｮ､･ｲｳｴ｡ｩｧ ｾ＠ arrangements, negotiations, mediation agreements,
or memorandums of understanding between or among them relating to the subject matter hereof,
and affirmatively state that there arc no other prior or contemporaneous agreements, exchanges,
representations, arrangements, or understandings. written or oral, between or among them
relating to the subject matter hereof, other than that as set forth herein and that this Agreement
contains the sole and entire Agreement between them.

6. The parties acknowledge that they have consulted with their attorneys prior to
executing this Agreement. or were given the opportunity to consult \Vith an attorney.

7. The parties represent that they have read this Agreement and understand each of
its terms. Mr. Cordova further represents that no representatives, promises, agreements,
stipulations, or statements have been made by this City, or their successors, predecessors.
assigns, officers, employees, supervisors. agents, attorneys, or representative to induce this
settlement, beyond those contained herein and that he voluntarily sib'11S this Agreement as his
own free act.

8. This Agreement shall be binding on and shall inure to the benefit of the parties
hereto and their respective heirs. legal representatives. successors, and assigns.

9. The invalidity or unenforceability of one or more provisions of this Agreement

shall not affect the validity or enforceability of any of the other provisions hereof, and this
Agreement shall be construed in all respects as if such invalid or unenforceable provision or
provisions were omitted.

10. The parties hereto acknowledge that this Agreement constitutes a full, final and
complete settlement of their differences and supersedes and replaces any and all other written or
oral exchanges. agreements. understandings. arrangements. or negotiations between or among
them relating to the subject matter hereof, and affinnatively state that there are no other prior or
contemporaneous agreements, exchanges, representations, rurnngcmcntc;, or understandings,
written or oral, between or among them relating to the subject matter hereof, other than that as
set forth herein and that this Agreement contains the sole and entire Agreement between them.
The parties hereto further acknowledge and agree that language proposed for, deleted from, or
otherwise changed in the various drafts of this Agreement, but not included herein, shall not be
considered in any way in the interpretation and application of this Agreement, and shall not in
any way affect the rights and obligations of the parties hereto.

11. This Agreement may be executed in counterparts or with signatures obtained via
facsimile transmission, each of which shall have full force and effect upon execution by all
parties to this Agreement.

J2.
It is understood and agreed that this Agreement shall be governed by, construed,
and enforced in accordance with and subject to the laws of the State of Colorado.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement this -So day of
o
I , 201i.

STATEOFCOLORADO )
11_ ) SS.
ｃｏｕｎｔｙｆ ｾ Ｉ＠

ｴｦＯＡｲｫｾ＠
Michael Cordova

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Subscribed and sworn to before me this L'if/,day or2tl0rua[j 2018, ｢ｹＭｍｩ､ｾ｡･ｬ＠ ｃｯｲＴ･ｾ ﾷ ｡＠ ｾ＠ l.11ｾ＠
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Notary Public

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NOTARY Ill :; < ｾ ｬＶＳ＠
'li'f COl.'MiSSION EXP!1'ES fEBRUARY 25. 2019
My Commission expires: 02,£ Z6 / 2..o J '1
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