Suspensions for Denver cops who filmed their boss are reinstated

Font ResizeCops and CourtsBy Tom McGhee
The Denver Postdenverpost.comPosted: 12/13/2012 02:32:43 PM MSTDecember 13, 2012 9:36 PM GMTUpdated: 12/13/2012 02:36:39 PM MST

Denver's Civil Service Commission has reinstated the suspensions of two police officers who surreptitiously taped a superior, overturning a hearing officer's ruling that reduced their penalties.

In the taping case, former Safety Manager Charles Garcia suspended Sgt. Brian O'Neill for 30 days without pay for surreptitiously filming Cmdr. John Burbach, head of the Police Department's internal-affairs bureau.

O'Neill was trying to expose what he believed was bias against his officers.

Lt. Daren Ciempa lost 40 days of pay for giving O'Neill the go-ahead to make the video recording.

Hearing officer Rhonda Rhodes found that the two "exercised poor judgment" but that "no rule, regulation or provision of Denver Police Department Operations Manual explicitly prohibits the investigative conduct" for which they were disciplined.

"The commissioners' decision reinstates the full departmental order of disciplinary action as initially issued by the former manager of safety, for both officers," Commission staff member Brian Kellogg said in an email.

The officers can appeal the decision to Denver District Court.

Tom McGhee: 303-954-1671, tmcghee

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