‘Stophante Y. O° Executive Droto ofthe Depater Ms 1334 Cherokee Street BP DENVER a Denver 60 60208 rustic sarety 5: 720.813.6020 720.913.7028 vo dormers ortatety October 27, 2015 NEGOTIATED DEPARTMENTAL ORDER OF DISCIPLINARY ACTION Case No. 1C2015-0084 GERARD ALARCON (P01047) Detective in the Classified Service of the Denver Police Department This is before the Executive Director of the Department of Safety to approve, modify or disapprove the Chief of Police's Written Command ordering disciplinary action for Detective Gerard Alarcon. The Chief has determined that Detective Alarcon violated RR-102.1, Duty to Obey Departmental Rules and Mayoral, Executive Orders, as it pertains to OMS 105.07, Firearms — Requirements and Inspection, of the Denver Police Department Operations Manual, when he failed to properly secure and store his personally owned firearm. The Written Command determined that this was a Conduct Category C violation and imposed a penalty of two (2) fined days. Detective Alarcon agrees with this penalty determination On August 21, 2015, Detective Alarcon discovered that his personally owned firearm, a Glock 26 serial #EGG916, was missing from his vehicle. He said that he had placed it in the middle console of his vehicle the day before and believed he locked his truck as he typically does. In his statement to Internal Affairs, Detective Alarcon said that he thought his fiancé moved it from the night before while she was cleaning and that he didn’t want to be late for work so he took his other work firearm and holster to work. He relayed that he remembered that he found his truck console up when he searched his truck. Detective Alarcon notified the Jefferson County Sheriff's Office to report his missing firearm on August 24", 2015, He said that he waited to notify them until he could get the serial number from the Firearm Section on Monday, August 23%. Detective Alarcon has taken responsibility for his conduct. 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. foram senvess visit DenverGov.org (SitDEPARTMENTAL ORDER OF DISCIPLINARY ACTION Page 2 Case No. 1C2015-0084 GERARD ALARCON (P01047) Detective in the Classified Service of the Denver Police Department As it pertains to: OMS 105.07, Firearms ~ Requirements and Inspection (11) Storage of any department authorized firearm a. Officers must ensure that all personally owned, department authorized firearms, including any firearm used on or off-duty, are kept secure at all times. Detective Alarcon violated this departmental rule when he failed to “ensure [his] personally owned, department authorized [firearm], including any firearm used on or off- duty, [was] kept secure at all times.” Detective Alarcon recalls leaving his personally owned firearm in the center console of his vehicle. The following moming, Detective Alarcon discovered his firearm was missing and he was unable to locate the firearm in his vehicle or his home. Despite believing he locked his vehicle, Detective Alarcon’s vehicle had not been damaged, the middle console was up, and his firearm was missing. Based on these facts, Detective Alarcon failed to properly secure his personally owned firearm resulting in the firearm being stolen from his vehicle, A violation of RR-102.1 appears in Conduct Categories A through F of the disciplinary matrix. By failing to ensure his personally owned firearm was kept secure at all times resulting in the firearm being stolen from his vehicle, Detective Alarcon’s misconduct “fhad] a pronounced negative impact on the operations [and] professional image of the Department” and, as such, is a Conduct Category C violation. Detective Alarcon has no prior Conduct Category C, or higher, violations within the specified time-frame of five (5) years that would mandatorily increase the penalty level. Pursuant to the discipline 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. Absent any mitigating or aggravating circumstances to consider, the presumptive penalty of two (2) fined days is warranted. Accordingly, the Written Command is hereby approved. Detective Alarcon shall receive a penalty of two (2) fined days for violating RR-102.1, Duty to Obey Departmental Rules and Mayoral Executive Orders, as it pertains to OMS 105.07, Firearms — Requirements and Inspection. The fined time shall be served as sixteen (16) hours in work period 16, 2015,DEPARTMENTAL ORDER OF DISCIPLINARY ACTION Page 3 Case No. 1C2015-0084 GERARD ALARCON (P01047) Detective in the Classified Service of the Denver Police Department Please be advised that the discipline enumerated in this Order is based upon the Executive Director of the Department of Safety approving Detective Alarcon’s negotiated agreement to accept the discipline as stated above and waive further disciplinary process. BY ORDER: yoo tofer je C uty Director of Safety Date OFFICER'S RETURN | hereby certify that | received the within Departmental Order of Disciplinary Action and have delivered a true copy thereof to the within-named Gerard Alarcon this 3) day of October, 2015. Qa? Ay