2nd chance or 1st time’s the last?
Keeping cop in uniform sparks debate about accountability, liability
A Denver Police Department officer is receiving a second chance to stay on the force despite a drunken-driving conviction and multiple probation violations that included failed, skipped and diluted alcohol tests.
The decision to keep the officer in uniform raises questions about accountability, liability and public trust in a department when it protects its own. But it also illustrates new thinking in law enforcement when it comes to helping an officer cope with substance abuse.
The Denver officer agreed to serve a 20-day unpaid suspension, abstain from alcohol for two years, participate in the department’s resiliency program, undergo random urine tests, attend Alcoholics Anonymous meetings and successfully complete his probation sentence, according to a disciplinary letter issued in January.
The department is taking a risk by keeping a police officer, who is allowed to carry a gun and who has a known alcohol problem, human resource and law enforcement experts said.
“They are probably much more lenient than I would be,” said Curtis Graves, an attorney for Employers Council, a human resources consulting group based in Denver. “The guy, either on duty or off duty, if he gets in an accident, they’re going to have a whole other slew of problems on their hands.”
Every law enforcement agency has a policy for alcohol abuse and officer arrests. But representatives from various agencies say no two cases are alike because factors such as an officer’s record at the department, his rank and whether he was on duty at the time can impact disciplinary decision-making.
The Denver Department of Public Safety official who offered the officer the deal, which included stipulations for treatment, said it was the right thing to do to help a man suffering from an addiction. Giving the officer a straight 60-day unpaid suspension would have given him more time to drink, said Jess Vigil, public safety deputy director.
“Sobriety for two years is more strenuous and arduous,” Vigil said. “I can see where some would see this as being lenient, but I can assure you, based on my experience, this is harsher than if he had done the straight 60 days.”
The public safety department redacted the officer’s name from the disciplinary letter, citing the need for privacy in order to protect his medical condition — alcoholism. However, The Denver Post has written about Officer Jayson Spitzer when he was suspended the first time after he pleaded guilty in May 2016 to driving while alcohol impaired.
Spitzer, who has been a Denver police officer since 2013, again was hauled into court in May for a probation revocation hearing after his urine-analysis tests were diluted or positive for alcohol and after missing multiple alcohol screening tests, according to his disciplinary letter. His probation was extended until Wednesday.
“I’m only concerned for the job,” Spitzer is quoted in the letter as saying to the judge. “And there’s a bunch of treatment that I haven’t previously gotten into that’s offered by my job for alcoholism. … I want to be compliant. I want to do it. I’m just struggling with being sober.”
Even after the probation hearing, Spitzer continued to miss his scheduled urineanalysis tests or have diluted urine when he took tests, the disciplinary letter said. Chief Robert White recommended Spitzer serve a 60day suspension — the maximum punishment under the department’s disciplinary rules.
But Vigil, a former county court and district court judge, said he thought the department should put conditions in place to help Spitzer get sober with the threat of a longer suspension and possible termination hanging over his head.
“If this officer continues to drink and get in trouble, the next time, he’s going to be terminated,” Vigil said.
For now, Spitzer is working a desk job, said Sonny Jackson, a department spokesman.
Keeping him off patrol should help the department avoid liability, said Mary Dodge, a criminology professor at the University of Colorado Denver. But giving him repeated chances could be problematic in the public’s view.
“It’s reflective of the accountability at DPD right now,” she said.
Other police departments are not so lenient when it comes to giving officers a second chance, especially after an arrest.
Greeley Police Chief Jerry Garner was on the verge of firing an officer — arrested on a DUI charge a couple of years ago — when the officer resigned. If the officer had extenuating circumstances, such as a death in the family, that he was struggling with, Garner said he might have made a different decision.
“There were no redeeming factors in that one,” Garner said. “He was just being stupid. If an officer’s got a DUI and going to lose his license for a period, what am I going to do with him? If he can’t drive a car, I don’t have any use for him.”
Garner warns his newly hired officers that they must live up to higher expectations than the average citizen. After all, they are law enforcers, not law breakers, he said. Keeping a law-breaking cop on the force can be a seen as a violation of public trust.
“The huge key is appearance,” Garner said. “Does it appear to the public you’re doing something special for the cop or are you giving the cop the same treatment you would give the public?”
Denver is not the only agency in the midst of a disciplinary case involving an officer arrested for DUI. Aurora police Lt. Leland Silver is on paid administrative leave while DUI and official misconduct charges are pending. Those are separate cases.
The Aurora Police Department does not comment on pending personnel issues, said spokesman Officer Bill Hummel. Under the department’s policy for drunken driving, a first arrest brings a four-day suspension. But that discipline can be more severe, depending on other factors such as the officer’s rank, whether there was a crash with injuries, and whether the officer was in his patrol car or in his uniform.
“Our members are expected, just like any police department, to maintain high ethical standards,” Hummel said. “But we’re also human beings, so when we make mistakes, we have to hold our members accountable and ourselves accountable.”
This month, Arapahoe County sheriff’s Deputy Jeffrey Vincent was sentenced to a year of supervised probation after he was convicted of driving under the influence and prohibited use of a weapon. His internal affairs case is pending, said Julie Brooks, a sheriff’s office spokeswoman said.
Unlike metropolitan police departments, many sheriff’s offices do not have to follow civil service rules or negotiate with unions when it comes to discipline.
“Sheriff’s offices may deal with things a little more harshly because everybody serves at the pleasure of the sheriff,” Brooks said.
Addiction has long been a difficult topic for law enforcement across the country. The stress of being a police officer can lead to substance abuse, but officers, fearing an addiction could cost them their jobs, have been afraid to ask for help. They also sometimes protect one another from getting caught rather than referring officers for help.
Denver, Aurora and Arapahoe County all offer programs to help officers deal with stress and substance abuse without facing discipline when they ask for help. In Greeley, officers are referred to the Denverbased Nicolett-flater Associates, a firm that specializes in treating law enforcement.
In 2014, White created a resiliency program to help Denver police officers deal with stress, whether jobrelated or not. The program has grown to include everything from counseling to physical fitness, including yoga for first responders, said Lt. John Coppedge, who manages the program.
Since it has been put in place, about 80 people per year have asked for some type of counseling. Of those, about seven per year are officers seeking help for substance abuse, Coppedge said. Officers get referred to the program by supervisors or peers who suggest they need help.
The Denver police treatment program is similar to ones used by the airline industry for pilots and by the medical profession for doctors, Coppedge said. Those also are industries with high stakes where an addiction could lead to a lifethreatening mistake.
“The last couple of years, we’ve seen increasing use, which is based on trust and word of mouth,” Coppedge said.
Noelle Phillips: 303-954-1661, nphillips@denverpost.com or @Noelle_phillips