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. Marti To: 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 Poliee 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 Civil 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.Jaredo.tx.us www.ciJaredo.tx.us - www daredopd 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 320.58 PERFORMANCE (h) Any act on- or off-duty that brings discredit to this department. 3205.11 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. ers shall also respect the rights of individuals and perform their services jonesty, sincerity, courage, and sound judgment. C. CONDUCT AND BEHAVIOR: Members, whether on-duty or off-duty, shall be 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 learn 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, attorneys 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. Rangel 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 4" 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, Vicente Rodriguez, Jr., voted illegally for Daisy Campos Rodriguez because you had abandoned your registered address at 3124 Potomac Lp. six years before the election. 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 AG 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 showed you updated your voter registration card the day after casting your vote on October 24, 2022, to reflect 7306 Ezra Pond Dr. The voter registration card you used to vote in the early election reflected the address of 3124 Potomac Lp., dated December 26, 2015. Your two previous voter registration card addresses showed 127 Prada Machin, dated 05/27/2002 and 10/01/2008. 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 18, 2023, you were subjected to a video-recorded deposition in response to Ricardo Rangel’s allegations that several individuals voted illegally in the District II Councilmember race. During the deposition, you affirmed your participation in the city-wide election that took place on November 8, 2022. You disclosed that you cast your vote on October 24, 2022, and subsequently that same day, you updated your voter registration card to accurately reflect your current address at 7306 Ezra Pound Dr. (District 5), where you have resided for the past two years. You further claimed during the deposition hearing that on the day you voted, your voter registration card reflected your previous address of 3124 Potomac Lp. (District 2). You clarified by saying that you inad vacated 3124 Potomac Lp. six to seven years ago. Upon further scrutiny, you were presented with multiple employment records indicating that your established residence was at 7306 Ezra Pound Dr. On Tuesday, March 7, 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 voted in the city-wide election of November 8, 2022. You disclosed you were off-duty when you visited the South Laredo Library located on Palo Blanco St. to cast your early vote. Moreover, you specified that you presented your Texas driver's license to the election official and were asked if you resided at 3124 Potomac Lp., to which you responded that you did not. Subsequently, you were provided with a change of address voter registration form and proceeded to update your address to reflect the 7306 Ezra Pound Dr. address. Yet, you still voted in the District II election, which you were not eligible to do so. ‘You continued to clarify that you lived at 7306 Ezra Pound Dr. since December 2020, as reflected by your most recent voter registration card. In addition, your driver's license identified your address as 7306 Ezra Pound Dr. and was issued on February 21, 2021. You explained that when you cast your vote on October 2022, your voter registration address displayed 3124 Potomac Lp. from late 2015, even though you had moved out of that address six to seven years ago. When you were questioned regarding the delayed update of your voter registration card address, you stated that it inadvertently slipped your mind, However, you remember that you previously lived at 6115 Servando Dr. from the summer of 2016 until 2020.Furthermore, you acknowledged that all employment records reflected your current residence at 7306 Ezra Pound Dr. During the interview, it was determined that you had a history of relocating frequently but denied deliberately abstaining from updating the Laredo PD file maintenance forms to reflect your current home address. However, you did affirm that the current employer record card displayed your previous address of 6115 Servando Dr. since you had not updated the information as required by policy. You explained that back on December 26, 2015, you changed your voter registration card to reflect 3124 Potomac Lp. because you moved into that address, not to favor a specific candidate. You did acknowledge that a family member was running for political office at the time. When you were asked about your knowledge of the voter registration process, you stated you were not familiar with the steps involved, despite having changed your voter registration cards on four previous occasions. In addition, you acknowledged that you read Judge Susan Reed’s court hearing ruling, where she revealed that you were related to Daisy Campos Rodriguez and had voted illegally. However, you did not respond to the question of whether Judge Reed’s statement was true and correct; instead, you remained silent. [find it hard to believe that you did not commit the alleged act purposely and that you are unfamiliar with the laws and procedures related to a change of address and voter registration. The evidence of this investigation revealed that you have changed your voter registration cards on multiple occasions, 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 a 30 (thirty) days suspension. On April 17, 2023, you presented yourself before me during a “Loudermill” hearing after informing you in writing that I 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, once again, claim ignorance of the election process. You additionally blamed election administration officials for allowing you to vote outside your established council district. 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 conduct is contrary to the efficient and proper functioning of the Laredo Police Department and its 6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 cannot 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 after 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 state your election to appeal either to the Civil Service Commission or to an independent third-party hearing examiner. ‘Steve E. Landin Acting Chief of Police Joseph Neeb, City Manager Rosario C. Cabello, Deputy City Manager Doanh “Zone” Nguyen, City Attomey Cesar Garza, Director, Civil Service Commission Lt. Luis Martinez, Office of Professional Standards Personnel File of Vicente Rodriguez, Jr.SERVICE: Received By: ~ Date/Time: Yflef 23 barn Delivered By: ce Op [witnessed By\ cand