Aurora – The city has hired an outside investigator to determine whether the deputy city manager tried to persuade the Civil Service Commission to uphold the discipline of a police sergeant.
By sending a letter to the commission recommending that it not reduce the punishment of police Sgt. Kevin Moriarity, Deputy City Manager Frank Ragan violated Moriarity’s due process, commission chairman Richard Brown said.
Moriarity had appealed to the Civil Service Commission, which held a hearing last week that city attorneys stopped because of concerns over the letter.
City officials could not say what offense Moriarity committed or what punishment he received because the matter is pending and is a personnel issue.
But Moriarity’s attorney, Marc Colin, said Wednesday that his client was suspended without pay for two days for not opening his e-mail in a timely fashion and for not giving two weeks’ notice for a time-off request as required by the department.
“He called up on the day when he had a family emergency and needed to take a day off,” Colin said. “We don’t believe that is what the issue is about here.”
City officials have hired the Hustead Law Firm to investigate the matter. The firm’s report is expected next week.
Ragan’s letter was an attempt to “influence our decision,” said Brown, who declined to elaborate.
City Attorney Charlie Richardson confirmed he requested the independent review and said the concern was more about issues with the appeals hearing.
He said the commission’s opinion that Ragan was trying to improperly influence commission members is “an interpretation” of the letter.
“I’ve asked a very highly respected attorney to conduct a complete investigation to determine the circumstances as to the creation of this letter and was it intended to go to the commission innocently, purposefully, inadvertently or maliciously in the context of the ongoing hearing,” he said.
This is the second time in the past year Ragan has come under fire. He was suspended for two weeks without pay last year after it was learned that a warrant to arrest serial rapist Brent J. Brents went unsigned for two months while Brents committed other rapes.
As deputy city manager, Ragan oversees the Police Department.
Among its duties, the five- member Civil Service Commission hears appeals of punishments handed down by the police chief.
The commission has the final say on appeals, Brown said, and can choose to reduce or dismiss a punishment.
Police Chief Dan Oates, who handed down Moriarity’s discipline, and Ragan did not return phone calls for comment.
City Councilman Ryan Frazier, who leads the city’s public safety commission, said he had not read the letter. But he said the Civil Service Commission was expected to reduce Moriarity’s punishment, so Ragan sent the letter to “express his dissatisfaction.”
“I know a lot of emotions are really running high with this issue,” Frazier said.
The conflict between the commission and the chief and city administration is not new.
In November, voters rejected two of four measures the city put before voters, initiatives that would have turned over much of the commission’s powers to the city.
Staff writer Carlos Illescas can be reached at 303-954-1175 or cillescas@denverpost.com.
