1. The internal affairs investigation is complete.
2. The criminal investigation is being handled by the Texas Department of Public Safety, Texas Rangers, and is pending.
3. With respect to two SB PD officers, the department will maintain open internal investigation beyond the 180-day period pending Texas ranger investigation
4. The chief has imposed a five-day disciplinary suspension for one officer with right to appeal
5. No other disciplinary action will be taken against any other officer and any corrective action will be considered as counseling and training.)
THE WAY IT SHOULD BE DONE: Texas Local Government Code - LOC GOV'T § 143.056. Procedures After Felony Indictment or Misdemeanor Complaint
(a) If a fire fighter or police officer is indicted for a felony or officially charged with the commission of a Class A or B misdemeanor, the department head may temporarily suspend the person with or without pay for a period not to exceed 30 days after the date of final disposition of the specified felony indictment or misdemeanor complaint.
(b) The department head shall notify the suspended fire fighter or police officer in writing that the person is being temporarily suspended for a specific period with or without pay and that the temporary suspension is not intended to reflect an opinion on the merits of the indictment or complaint.
(c) If the action directly related to the felony indictment or misdemeanor complaint occurred or was discovered on or after the 180th day before the date of the indictment or complaint, the department head may, within 30 days after the date of final disposition of the indictment or complaint, bring a charge against the fire fighter or police officer for a violation of civil service rules.
(d) A fire fighter or police officer indicted for a felony or officially charged with the commission of a Class A or B misdemeanor who has also been charged by the department head with civil service violations directly related to the indictment or complaint may delay the civil service hearing for not more than 30 days after the date of the final disposition of the indictment or complaint.
(e) If the department head temporarily suspends a fire fighter or police officer under this section and the fire fighter or police officer is not found guilty of the indictment or complaint in a court of competent jurisdiction, the fire fighter or police officer may appeal to the commission or to a hearing examiner for recovery of back pay. The commission or hearing examiner may award all or part of the back pay or reject the appeal.
(f) Acquittal or dismissal of an indictment or a complaint does not mean that a fire fighter or police officer has not violated civil service rules and does not negate the charges that may have been or may be brought against the fire fighter or police officer by the department head.
(g) Conviction of a felony is cause for dismissal, and conviction of a Class A or B misdemeanor may be cause for disciplinary action or indefinite suspension.
(h) The department head may order an indefinite suspension based on an act classified as a felony or a Class A or B misdemeanor after the 180-day period following the date of the discovery of the act by the department if the department head considers delay to be necessary to protect a criminal investigation of the person's conduct.
If the department head intends to order an indefinite suspension after the 180-day period, the department head must file with the attorney general a statement describing the criminal investigation and its objectives within 180 days after the date the act complained of occurred.
20 comments:
To begin with the chief is a gringo and in reality doesn't care. San bene city commission should take action and fire this person immediately and then conduct its own investigation and indict everybody responsible other wise this will continue need to STOP NOW!!!
Poor Department gone to crap cause of one that thought he was smart but was a joke the whole time. ( go Kick rocks and sell some PROPERTY...) SMH
Nothing will happen to Galvan. They say he has dirt on the city manager and others. Might be something criminal for him to survive all the Complaints on him. Oh and we need not forget the 500 recordings he made. Feel sorry for the family no justice for them anywhere.
9:11 AM......So gringos don't care? If you changed the word gringo to Mexican or black, the public would howl racism. However gringo bashing is OK in this part of the world.
I have never seen a case handled so poorly by a police department or city. It is an embarrassment and a slap in the face to the family.
to anonymous at 9:11 AM
The city attorney and city manager are the only city employees that report to the city commission.
All other employees report to the city manager. The city commission ONLY has authority to fire or terminate the city manager and city attorney.
Try to educate yourself before making such a comment.
Did I miss something? Has either officer been indicted or charged with a crime? That is when those procedures would kick in.
12:04 PM & 2:38 PM
To the stupid gringo that thinks he's so so smart, estupido,commission instructs the city manager to hire and fire if they so choose (this is an informal blog so don't try to make corrections pendejo) and since when have any stupid gringo concern themselves with what is right and what is wrong specially if it concerns the ethnic population. Go back to the appalachian mountains where you belong, pinche hillbilly
June 6, 2019 at 2:38 PM
Para el pendejo gringo trying to run san bene like it was some hick town. The stealing of land and other atrocities by gringos is a by-gone era they can no longer do that. The texas rangers can no longer side with your kind
Man that city’s insurance provider is gonna have to payout big bucks. A multimillion dollar lawsuit is imminent. Well there goes the money for the streets you always hear about. Well maybe San Benito can use some of the revenue generated by the new museum to pay for the streets. Good luck San Benito. And remember Que Bonito SanBenito/United and Proud.
"However gringo bashing is OK in this part of the world" ever wonder why pendejo? Read a history book about this region preferably one written by a mexican-american
I thought the Chief was Michael Galvan, who is Fred Bell?
Nombre el city manager Es un gringo nalga prietas.
Aqui son cocos enamorados con los gringos lambiscones
What is said on the streets is that the Mayor and commission allowed the city manager to create a monster. Well looks like the Monster went Rogue.
That so called internal investigation was tainted from the start. De la Rosa was a city administrator in Jonestown tx when Bruce mills was hired as interim police chief there. Bruce Mills is the one that De la Rosa hired to do the internal investigation. In an article Bruce Mills blames the Jonestown police officers for the resignation of De la Rosa. I say that is a big conflict of interest and it was voiced at a city meeting to the mayor and commission but it fell on deaf ears. I don’t know what it is going to take for the mayor and commission to see what is going on around them. Knowing the truth , seeing the truth , but still believing the lies. Very sad.
Donde estas LydiaG
so does this mean that chief galvan and the other officer committed some type of criminal act and are being investigated?
JOB SECURITY TURNS MEN INTO COWARDS.
Recordings, lies and blackmailing
Martha Moreno, denied distress call, instead waiting 24 hours to take a missing persons report? Calling a press release just to try to look good, instead cried for remorse, couldn't answer a question in Spanish, instead had his side kick Morales answer for him.
Ricardo Trevino, distress call, distress call, distress call, not an aggravated call, but made aggravated by all the trigger happy cowards in uniform.
When are they going to get rid of the so called Galvan???
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