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    11K views31 pages

    SAPD Officer Matthew Belver Arbitration Hearing Document PDF

    Uploaded by

    David Ibanez

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 31
    I RECEIVED ia A x, LmigaTion INTHE MATTER OF ARBITRATION 01] HAR - 1 AM 9:4 Hea 7 a BETWEEN ) CITVATTORNEY's orice ) ‘SANANTONIC. 1Exas cITy BF SAN ANTONIO AND ) SAN ANTONIO POLICE DEPARTMENT ) INDEFINITE SUSPENSION (EmployeriCity) } Pala { 400169 OFFICER MATTHEW BELVER ) (Grievant) ) ) ee Hearing Examiner, Lynne M. Gomez, selected from the Parties’ Panel of Hearing Examiners. HEARING Hearings were held in the above matter on September 29 and 30, 2016, at City of San Antonio offices in San Antonio, Texas. The witnesses were swom and excluded. ‘The Parties ‘Submitied post-Hearing briefs, which were received by January 23, 2017, and the exhibits entered into evidence during the Hearings were received on February 8, 2017. The Hearings were declared closed on February 8, 2017. The Parties were given full opportunity to present testimony and evidence at the Hearings. APPEARANCES For the City Robert Reyna Assistant City Attomey, Advocate William McManus Chief of Police, witness Gustavo Guzman Deputy Chief, witness James Jones Sergeant, IAD, witness Jesus Carrillo Police Officer, witness Joseph McKay ‘Sergeant, Training Academy, witness Jesse Salame ‘Sergeant, Public Information Office, witness For the Grievant Robert Leonard LEAT Attorney, Advocate Matthew Belver Grievant, witness Michael Helle Association President, witness Michael Rickman CLEAT General Counsel, witness Michae! Blanquiz Officer, North Patrol, witness Tobe Whitley ‘Sergeant, North Patrol, witness Edwin Rivera ‘Sergeant, South Patrol, witness Ignacio Vidaurri Sergeant, South Patrol, witness ISSUE ‘The City proposes that the issue be framed as: Did the Police Chief abuse his discretion by terminating Matthew Belver's employment? ‘The Appeliant/Grievant' proposes the following issues: 1. Did id San Antonio Police Officer Matthew Blelver violate civil service nul 2 |f So, was there just cause to support the disciplinary action imposed upon Officer Belver? 3 f there was a violation of civil service rules by Officer Belver, but just cause did not support the disciplinary action imposed, what, if any, disciplinary action is proper? . Having considered the Parties’ proposals, the undersigned frames the issue as: Did the Employer prove the truth ofthe allegations and did it have just cause for the discipline? BACKGROUND Grievant Matthew Belver served as a Police Officer with the San Antonio Police Department (‘SAPD") for approximately 9 % years when he was indefinitely suspended by Police Chief William McManus on February 12, 2016 for the reasons stated in the Chiefs letter to the Grievant and the Fire Fighters’ and Police Officers’ Civil Service Commission (‘Suspension Letter’), as follows: Under and by virtue of the authority vested In me by Title 5, Subtitle A, Chapter 143 of the Local Goverment Code, V.T.C.S., said chapter entitled “Municipal ‘Service’, | do hereby suspend Officer Matthew Belver from paid duty with the San Antonio Police Department, indefinitely, without pay, from his position as an officer of the San Antonio Police Department, effective immediately. Officer Belver has violated Subsection C of Rule XIII of the City of San Antonio Fire Fighters’ and Police Officers’ Civil Service Commission Rules, said rules having been adopted on February 23, 1998, and thereafler from time to time ‘amended, by the Fire Fighters’ and Police Officers’ Civil Service Commission as the Civil Service Rules for the Fire and Police Departments of the City of San Antonio, The particular civil service rule violated by Officer Belver and ground for ‘suspension is as follows: (12) Violation of an applicable fire or police department rule or special "Officer Belver will be referred to herein as the “Grievant” order. The Rules and Regulations of the San Antonio Police Department which Office! Belver has violated are as follows: : RULE 3.04 - RESPONSIBILITY TO SERVE THE PUBLIC: Members shall ‘serve the public through direction, counseling, assistance, and protection of life and property. Members shall also respect the rights of individuals and Perform their services with honesty, sincerity, courage, and sound Judgment. (C) CONDUCT AND BEHAVIOR: Members, on-duty or off-duty, shall be govemed by the ordinary and reasonable ruies of good conduct ‘and behavior, and shall not commit any act tending to bring reproach or

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