CITY OF LAREDO POLICE DEPARTMENT "Proudly serving and protecting the citizens of Laredo” Acting Chief of Police Steve E. Landin Assistant Chief Manuel J. Maciel Assistant Chief Miguel A. Rodriguez, Jr. Deputy Chief Ricardo Gonzalez Deputy Chief Enedina R. Martinez Deputy Chief Benito A. Martinez To: — Bryan Vicharelli From: Steve E. Landin Acting Chief of Police Date: April 19, 2023 Re: Indefinite Suspension In accordance with the rules and regulations of the Fire Fighters’ and Police Officers’ Civil Service Commission of the City of Laredo, Chapter 143 of the Texas Local Government Code, Section 1 of Article 26 of the current Collective Bargaining Agreement, and the authority provided therein to the head of the Police Department to effectuate discipline, you are hereby suspended indefinitely. The basis for this suspension is my conclusion that you violated the following rules and regulations: Violation of Rules and Regulations of the Firefighters’ and Police Officer’s Ci Service Commission of the City of Laredo; Texas Local Government Code 143.051 — Cause for Removal or Suspension: (6) Acts showing a lack of good moral character; (8) Conduct Prejudicial to good order; (12) Violation of any of the rules and regulations of the Fire Department or Police Department or of special orders. Violations of the Laredo Police Department Policy Manual 320 STANDARDS OF CONDUCT 320.1_ PURPOSE AND SCOPE This policy establishes standards of conduct that are consistent with the values and mission of the Laredo Police Department and are expected of all department members. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions, but they do identify many of the important matters concerning conduct. In addition to the provisions of this policy, members are subject to 4712 Maher Ave + Laredo Texas 78041 + Tel. (956) 795-2899/795-3119 + Fax: (956) 795-3120 + e-mail: selandin@ei laredo.x.ss Jaredo.tx.us - www.laredopd.comall other provisions contained in this manual, as well as any additional guidance on conduct that may be disseminated by this department or a member’s supervisors. 320.2 POLICY The continued employment or appointment of every member of this department shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to meet the guidelines set forth in this policy, whether on- or off-duty, may be cause for disciplinary action up to and including termination. 320.4 GENERAL STANDARDS Members shall conduct themselves, whether on- or off-duty, in accordance with the United States and Texas Constitutions and all applicable laws, ordinances, and rules enacted or established pursuant to legal authority. Members shall familiarize themselves with policies and procedures and are responsible for compliance with each. Members should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty. 320.5_CAUSES FOR DISCIPLINE Members shall not engage in any conduct or activities on or off-duty that reflect discredit on the members, tend to bring this agency into disrepute or impair its efficient and effective operation. 320.5.1 LAWS, RULES, AND ORDERS (a) Violation of, or ordering or instructing a subordinate to violate any policy, procedure, rule, order, directive, or requirement, or failure to follow instructions contained in department or City manuals. (©) Violation of federal, state, local, or administrative laws, rules, or regulations. 320.5.7 EFFICIENCY (@) Failure to notify the Personnel Department and/or administration of changes in relevant personal information (e.g., information associated with benefits determination, change in residence address, contact telephone numbers) in a timely fashion (3205.8 PERFORMANCE (h) Any act on- or off-duty that brings discredit to this department. 320.511 CONDUCT (h) Criminal, dishonest or disgraceful conduct, whether on- or off-duty, that adversely affects the member’s relationship with this department. (m) Any other on or off-duty conduct which any member knows or reasonably should know is unbecoming to a member of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its members.Violation of Rules and Regulations Section or Special Orders of the Laredo Police Department: 10.11 10.12 10.14 10.38 ABIDE BY-LAWS AND DEPARTMENTAL ORDERS: Members of the Department shall abide by: A. The Laws of the United States and the State of Texas, and ordinances of the City of Laredo. B. The General Orders, Rules and Regulations, and Procedures of the Laredo Police Department and Civil Service Commission Rules. ‘TRUTHFULNESS: Members shall speak the truth at all times. Reports and written communications from any members shall reflect the truth. 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, whether on-duty or off-duty, shall bbe governed by the ordinary rules of good conduct and behavior and shall not commit any act tending to bring reproach or discredit to themselves or the Department. RESPONSIBILITY TO KNOW LAWS AND PROCEDURES A. Members shall lear and thoroughly understand the laws and ordinances which they are charged with enforcing. B. Members shall familiarize themselves with all written directives which are published by the Department and which affect their assignment. C. Violation of any lawfully adopted Departmental Rule or Regulation by any Departmental employee who is subject to same shall be sufficient cause for suspension or termination in accordance with applicable law and Fire and Police Civil Service Commission procedure, irrespective of whether the rule or regulation is part of the originally promulgated rules or regulations, or is contained in a subsequent general or special order, directive, or other amendments to the rules. D. Lack of knowledge of such rules or regulations shall never be a defense to any disciplinary action if said rules or regulations have been disseminated or posted as set forth in the regulations and if the employee has had a reasonable ‘opportunity to become familiar with the rules and regulations. The acts constituting such violations are as follows: On November 8, 2022, General Elections for various public offices were held in Laredo, Texas, a seat in Webb County. On that evening, several candidates were declared winners for their respective solicited public office. Alternatively, records revealed that the candidate for City Council District Il, Ricardo Rangel, lost the election to Daisy Campos Rodriguez by six (6) votes. Then, on November 29, 2022, attomeys for RicardoRangel filed a petition with the 49" Judicial District Court, contesting the results of the said election after discovering irregularities with several ballots. Moreover, it was alleged that members from our police department participated in the said election in an unethical and illegal manner. The Office of Professional Standards obtained video-recorded depositions of the above-mentioned officers’ court testimony transcript and voter registration documents. The following is a synopsis of the complaints and court findings related to Cause 2022- CVK-0011669-D1. Cause number 2022-CVK001669-D1 was brought before the 49" Judicial District Court, in which Ricardo “Richie” Rangel, Jr. acted as a contestant. Mr. Range! claimed that certain District II voters from the November 2022 election had misrepresented their residency and cast their ballots illegally with the intention of influencing the election's outcome. Mr. Rangel alleged that Daisy Campos Rodriguez received illegal votes and those votes should not be counted. Through the election recount and to support this claim, Mr. Rangel’s attorney contested and discovered that the aforementioned Laredo Police employees had cast their votes illegally in District Il, November 2022 election. As a result of the allegations, a motion was filed, and a hearing was scheduled to take place on January 26, 2023. Equally important, it was ruled that visiting Judge Susan D. Reed ‘would preside over the matter in the 49" District Court. During the two-day bench trial, Judge Susan Reed ordered, adjudged, and decreed that the contestant had proven that at least seven illegal votes were cast for Daisy Campos Rodriguez and therefore should be subtracted from her vote totals, reducing her vote totals to 1,950 or less. The judge further ordered, adjudged, and decreed that “contestant Ricardo “Richie” Rangel, Jr. was hereby declared the winner of the November 8, 2022, election for Laredo City Council District 2 and immediately entitled to take office and receive all benefits and emoluments of office”. The judgment was signed by Judge Susan D. Reed on February 2, 2023. The judge determined that you, Bryan Vicharelli, voted illegally for Daisy Campos Rodriguez. because your registered voter address of 2601 Lomas Del Sur was temporary and not a permanent address. Soon after the ruling, Webb County District Attomey Isidro Alaniz announced the opening of a criminal investigation into possible voter fraud, However, because members from the Laredo Police Department were named as suspects of this offense and to avoid any potential conflict of interest, he requested the Attomey General of Texas Election Integrity Division to investigate the case. The AG’s Office agreed to accept the case and appointed an Assistant Staff Attomey to oversee the criminal investigation for violations of the Texas Election Code. As a result of the above findings, an administrative investigation was approved and launched into the matter. During the administrative investigation, the Office of Professional Standards gathered several documents and video depositions related to the allegations of voter fraud. Webb County Elections Office Administrator Jose Luis Castillo assisted by providing our agency with the voter registration card history of the four accused officers.Mr. Castillo clarified that potential voters have 30 days to register to vote before an upcoming election. Moreover, eligible voters may only cast their vote in the district where the voter registration card address is displayed. Mr. Castillo’s staff assisted in providing copies of the officer’s voter registration card history. Records indicate that your voter registration card history displayed the address of 2601 Lomas Del Sur during the November 8, 2022, election. Records also show that you had updated your voter registration card one month before the aforementioned election. Your previous voter registration card reflects 608 Cortez St., dated September 24, 2014. After a careful review of the voter registration cards, it is apparent that you understood the significance of updating your voter registration cards. On January 12, 2023, you were subjected to a video-recorded deposition. During the deposition, you acknowledged participating in the November 2022 elections. Furthermore, you admitted that your voter registration card home address was listed as 2601 Lomas Del Sur (District I}, but was not your present residence. You stated that you had moved out of 2601 Lomas Del Sur late in 2022 but would frequent the residence in a non-permanent status. During the deposition, you were presented with a photocopy of your driver's license, which identified your home address as 608 Cortez St. (Dist.8), Laredo, TX. You confirmed that you were currently residing at 608 Cortez St. with your parents and have been living there since the fifth grade. You affirmed that you had moved to 2601 Lomas Del Sur temporarily but had to move back to your parent's house at 608 Cortez St. because things didn’t work out for you. You explained that you never changed the address on your driver's license from 608 Cortez Street to 2601 Lomas Del Sur due to the inconvenience it would bring you, During the deposition, you were also presented with various employment documents, showing your home address as 608 Cortez St. Equally important, Webb County Election Office records show that on October 8, 2022, one month before the November 8, 2022, election, you updated your voter's registration card to reflect 2601 Lomas Del Sur. You claimed that you changed your address to 2601 Lomas Del Sur because you were living there temporarily and had personal property at the residence, but not responsible for rent or any utility bills. You also admitted to knowing Daisy Campos Rodriguez and attended some of her campaign events but never donated money to her campaign. You said that you got involved in her campaign because you knew Daisy’s husband, Vidal Rodriguez, from sports activities. The attomey asked you if you knew it was a crime to falsify your address for voting purposes. You responded by saying that you were not aware of such ‘an act to be considered a crime. On Tuesday, March 28, 2023, you were summoned into the Office of Professional Standards and were ordered to respond to the allegations made against you. During the compelled interview, you acknowledged that you had read Judge Susan Reed's courtfindings and agreed with the ruling that your registered voter address of 2601 Lomas Del Sur was not your permanent address. You stated that you have known Daisy Campos Rodriguez for approximately two years and consider her a friend. Regarding your residence, you confirmed that you currently live at 608 Cortez St. and have had your personal clothing and vehicle there since November 2022. Moreover, you asserted that you had lived at 2601 Lomas Del Sur from February 2022 until ‘November 2022. During that time, you confirmed that you did not pay rent or any utilities. You acknowledged that your current voter registration card was completed and updated on October 2022 to reflect the address of 2601 Lomas Del Sur to prepare for the November 2022 District II election, where Daisy Campos Rodriguez was running for office. You also confirmed that on January 2023, you updated your employer file maintenance form and used 608 Cortez St. as your home address. In addition, you affirmed that your driver’s license, pay statements, bank statements, and car insurance policy reflect 608 Cortez St. ‘You reiterated that you were staying at 2601 Lomas Del Sur when you voted in the November 2022 District II election because your voter registration card claimed said address. You stated that you did not change your voter registration card in October 2022 for the purpose of specifically voting for Daisy Campos Rodriguez. In addition, you said you never considered changing your driver's license address to reflect 2601 Lomas Del Sur because you had hoped to buy a house but ended up returning to your parent’s house. You again conveyed that you consider 608 Cortez St. to be your current residence, but have not updated your voter registration card to reflect such. You added that the election official who handied your driver’s license and ballot during the November 2022 election did not challenge your mismatched addresses. As such, you simply proceeded by submitting your baliot. During the interview, you claimed that you were not familiar with the Texas Transportation Code (521.121), which requires a person to change the address on their driver's license to reflect a new residence within 30 days. I find it hard to believe that you did not commit this act purposely and that you are unfamiliar with the laws and procedures related to a driver's license change of address and voter registration. The evidence of this investigation revealed that you have illegally changed your voter registration card to favor a particular candidate. Your actions ultimately not only brought discredit upon yourself but also the Laredo Police Department. Furthermore, your acts have jeopardized the trust that the public and the community have placed in you and the Department. A Disciplinary Review Board (DRB) subsequently met to review the investigation findings on this case. After deliberation, the DRB concluded that you violated the Laredo Police Department Rules and Regulations as listed above. The DRB also determined that your actions further constituted a violation of the rules and regulations of both the Fire Fighters’ and Police Officers’ Civil Service Commission. As a result, the DRB recommended that you be assessed an Indefinite Suspension.On April 17, 2023, you presented yourself before me during a “Loudermill” hearing after informing you in writing that | was considering imposing an Indefinite Suspension on you: thus, giving you an opportunity to respond to the aforementioned charges. Unfortunately, during the meeting, you failed to take accountability for your actions and simply took the opportunity to blame the presiding judge on the civil hearing for placing you in this particular predicament. During our meeting, you told me that you had indeed been living at the address for District II at the time (2601 Lomas Del Sur). In reviewing Department records, you failed to identify the said address as your residence or even list any association to such, You also failed to notify the Texas Department of Public Safety of the change of address to properly reflect your driver's license, as required by law. Based on the evidence presented before me, I find your actions dishonest and deceitful. After investigating your conduct as set forth and complained above and after reviewing the recommendation made by the DRB, I have determined that your conduet is contrary to the efficient and proper functioning of the Laredo Police Department and its law enforcement goals. Your conduct constitutes a violation of the rules and regulations of the Fire Fighters’ and Police Officers’ Civil Service Commission and the Laredo Police Department. As such, it is my decision to impose on you an Indefinite Suspension which will be effective immediately. Chapter 143 of the Texas Local Government Code provides that you may appeal in writing to the Civil Service Commission or to an independent third-party hearing examiner. If you elect to appeal to a hearing examiner, you waive all rights to appeal to a district court, except as provided in § 143.057 (j). However, under Article 26.1, Disciplinary Actions, of the Collective Bargaining Agreement between the City of Laredo and The Laredo Police Officers’ Association, suspension of five (5) days or less -amnot be appealed to a hearing examiner but must be appealed only to the Civil Service Commission. If you wish to appeal this order of indefinite suspension, you have ten (10) days afier receipt of this order of suspension within which to submit a written notice of appeal under Chapter 143 of the Texas Local Government Code, including Section 143.010 Chapter 143, which specifies those matters which must be contained in your notice of appeal. Your notice of appeal should be addressed to the Director of the Fire Fighters’ and Police Officers’ Civil Service Commission of the City of Laredo, Texas, and should stale your election to appeal either to the Civil Service Commission or to an independent third-party hearing examiner. Steve E. Landinl Acting Chief of PoliceXe: Joseph Neeb, City Manager Rosario C. Cabello, Deputy City Manager Doanh “Zone” Nguyen, City Attorney Cesar Garza, Director, Civil Service Commission Lt. Luis Martinez, Office of Professional Standards Personnel File of Bryan Vicharelli SERVICE: Received By: bya [bth Datertime: _4-/4- 23 04 Delivered By: ’ Witnesses )