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Civil Service Fires Hearing Officer Who Closed DPD Hearing

DENVER (CBS4) - The Denver Civil Service Commission has fired Hazel Hanley, a hearing officer who closed a disciplinary hearing for Denver police officer Stephanie Southard, who was accused of having sex while on the job and in uniform.

CBS4 learned of the termination, which was confirmed Monday by Earl Peterson, Executive Director of the Denver Civil Service Commission.

Hazel Hanley
Hazel Hanley (credit: CBS)

"The hearing should never have been closed," said Peterson.

Hanley was the hearing officer in the case of Southard, who the department fired last spring after she was accused of having sex on duty dozens of times. Her primary accuser was a fellow officer, Nathan Sanchez, who was married and subsequently resigned from the force.

CBS4 first reported Sanchez's allegations against his former lover. He said that in the course of a year and a half, he and Southard had sexual contact on duty 25 to 30 times. Southard was terminated for three rule violations, including sexual misconduct and lying about having sex on duty.

But Southard appealed her firing, and prior to a July appeal hearing, Hanley ordered the hearing would be closed because "an open hearing would devolve into a media circus," wrote Hanley.

She said the nature of the case was "salacious."

The city filed a formal objection to the closure of the hearing and soon after Hanley reversed herself and ordered the hearing would be open.

Late last month, in a unanimous vote, the five-member civil service board fired Hanley two years into a three-year contract. In a three-page termination letter obtained by CBS4, the board made clear how unhappy it was with Hanley's decision making.

"You premised your decision to close the hearing on the 'nature of the allegations.' You then made a leap to a conclusion that the media would be involved in the intimidation of witnesses. You did not cite any witness who had voiced any such concerns, and counsel had not raised them either," the termination letter states. "Intimidation is a bold allegation. Purporting to restrict the access of the press and media to public information in retaliation for 'anticipated intimidation' is poor and unacceptable case management."

The letter continues, "Again, your order to close the hearing does not reflect full understanding of the facts of the case, nor a judicious or professional handling of the legal issues concerned."

The board indicated Hanley's actions appeared to favor Officer Southard.

"You appeared to advocate for one party rather than remaining impartial until the issue was appropriately raised."

When she eventually held the hearing, Hanley ultimately ruled in Southard's favor, saying Southard should be reinstated to her job. Hanley questioned the credibility of former officer Sanchez.

Peterson told CBS4 the city is now appealing Hanley's reinstatement decision but he emphatically denied Hanley's firing was related to her decision to reinstate Southard.

"It (Hanley's firing) had nothing to do with the decision" Hanley made in the Southard case, said Peterson. Rather he said it was the "pre-hearing procedural process" Hanley went through. He said Hanley had discretion but also had accountability for her decision making process.

CBS4 has not been able to reach Hanley for comment about her firing.

The Southard case will now go to the full Civil Service Board for consideration.

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