SFPD fired her for sleeping with an informant. Why is she still allowed to be a cop?

A San Francisco drug cop who was fired last month for having a sexual relationship with a confidential informant and interfering with an investigation is eligible to work at another California law enforcement agency. 

The San Francisco Police Department notified Police Officers Standards and Training, or POST, of Christina Hayes’ discipline and firing. But the state law enforcement licensing agency declined to decertify her, claiming Hayes’ misconduct didn’t merit barring her from working as a cop in California. 

“This case has been closed due to it not meeting the threshold of serious misconduct,” POST spokesperson Meagan Poulus said. “POST may only take action on clear and convincing evidence that there was public harm suffered due to an abuse of power or violation of any law. Ms. Hayes’ actions do not fall within POST jurisdiction.”

Hayes’ lawyer did not respond to requests for comment. 

A representative of the SFPD said she could not comment on the personnel matter. 

The allegations against Hayes arose in 2023 after her informant was arrested in the East Bay by another law enforcement agency. Investigators found sexually explicit photos of Hayes on the informant’s phone, according to sources with direct knowledge of the case.

When the officers contacted Hayes, she attempted to get the informant favorable treatment, sources say.

Federal court records allege that Hayes, who was taken off the streets in June 2023 over her handling of the source, divulged confidential information and impeded an active criminal investigation. It’s unclear to whom Hayes allegedly divulged information; details on the case have not been released.

Hayes’ alleged misconduct led to the dismissal of hundreds of state and federal drug cases in which she had been involved.

A state law passed in 2021 gave POST the power to decertify or suspend badges for officers who commit serious misconduct. 

In the past year, six SFPD officers have faced decertification. Four had their licenses revoked, one was suspended, and one surrendered his license.

According to the ACLU, misconduct that can lead to decertification includes dishonesty, abuse of power, bias, and violations of the law.

While the exact findings in Hayes’ closed session disciplinary hearing before the Police Commission are not public, the allegations that she had a sexual relationship with a confidential source could be interpreted as sexual assault under the state’s decertification law, according to Brian Cox, a deputy public defender who leads the agency’s police accountability unit. 

Having sex while on duty as an officer can be deemed sexual assault because of the position of power, he explained.

“The question here — that obviously I don’t have a window into, because the disciplinary process is hidden — is whether any of those sexual acts occurred while on duty,” he said. “And if they did, it’s an egregious breach of trust. Failing to disclose that relationship to superiors and hiding that is pretty clearly dishonest.”

Details about the case could be revealed under certain circumstances. The public defender’s office intends to request documents related to Hayes’ alleged misconduct in order to find out what claims were deemed credible and whether she dodged the most serious charges. The release of such documents will occur only if Hayes was found to have committed serious misconduct. 

Cox fears that the commission disciplined her on lesser charges, which would allow her to continue working as a cop and bars the public from learning details of her alleged wrongdoing.

“If they decided to terminate her on other grounds … I would be exceptionally disappointed,” he said. “It raises the question: Why did they do it, and does this happen in other cases? Is the commission settling misconduct cases for things that are not publicly disclosable in order to protect officers?”

The Police Commission did not respond to a request for comment.