Apparently, the Chavez administration has decided that if they're paying an employee then they ought to be doing some work. According to our Eyes, they've decided that when a city employee is placed on administrative leave they'll be expected to pull weeds or even clean out kennels even if pulling weeds or cleaning kennels are not part of their job description.
[Sidebar]We're pretty sure that the move would be generally popular with the public... at least until they think about it. Admin leave is used to get an employee out of the way until the allegations against them can be fully investigated. You know the whole innocent until proven guilty thing.
You may have read some of our posts about Levi Chavez. Our argument that Mr. Chavez should be terminated stemmed from the evidence found at the scene - in particular, a stash of marijuana which the last time we checked was an illegal substance. At the time, Chavez was a probationary officer and we'd call possession of a controlled substance a violation of that probation.
[End Sidebar]
The Chavez administration has never been too concerned about due process. To wit, Marty's red light Scam-era program. Now the mayor wants to expand his guilty until proven innocent theory to administrative leave.
Let's say that you're an administrative assistant, a cop, a bus driver, or any other city employee whose job doesn't include weeding or cleaning kennels. If you were placed on administrative leave, you probably wouldn't appreciate having to muck out a kennel or be seen on the street pulling weeds. You might even consider it a form of punishment.
Now don't get us wrong... we need people to pull the weeds and clean the kennels and they're honest jobs. But forcing someone on administrative leave to join the city chain gang doesn't make sense and may not even be legal.
We doubt very seriously that the employment contracts of those not hired to pull weeds or clean kennels include that kind of service to the city. So, forcing city employees into alternate service in a different department is probably not going to happen.
Our Eyes Behind the Badge believe that the new policy is targeted directly at men and women of APD. Police officers deal with people on a regular basis and no matter where they're needed there's generally at least one person who's less than happy to see them arrive. As a result, police officers more than any other city employee generate complaints that can result in administrative leave.
The move makes it easy for The 5th Floor to punish officers without bothering to investigate or even finding a reason for administrative action. APD already has a track record of using never ending IA's as a weapon against officers who aren't in favor with the administration. Now they're going to have one more tool in their toolbox and this one can be used against any city employee.
15 comments:
The information below depicts the humorous digest of information when society members "get excited" over the possibility of a law enforcement officer getting arrested for driving drunk.
Roger: (Looking at a computer screen with eyes wide open): "Is this, no,
does that say, "APD." Yes, it does, it does... (Jumps up from chair- and shouts, "Yeah". (Reads outloud the screen)
Earl Carter Jr.
Address: 3490 Beehive Lane APD 12401 Albuquerque, NM
Booking date: 2009-08-02
Arrest Location: 1008 Central
Arrest date: 2009-08-01
Charges DWI (DUI) 1st offense
Roger: (After reading the above outloud), repeats, "APD 12401" That is an APD Officer arrested for DWI (driving under influence or driving while intoxicated). "Yeah, Yeah," "Anytime, that there is an APD Officer arrested
for DWI, DUI, the public has a right to know." (Jumps up and down).
Roger: (Calls up a news station) "Hello, is this Channel 7 news.... "Well, I like
to google the daily crime reports and I just found that an APD Officer got
arrested for a DWI. That's right.... Do you have access to a computer? Well, get on it.... Go to the daily crime reports and type in Earl Carter Jr.
Ok, got that? Now, look what comes up after the name. Do you see
APD 12401, WEll that is an APD Police Officer arrested for DWI. That must
be the Police Officer's badge number. I know.... that is.... A Public's Right to know.... Well, I think I'm going to call up MADD right now and report that APD Officer. Did you see where the APD Officer got arrested at? Central? Huh, I wonder if that's a strip club or some seedy bar? I wonder if the APD Officer got divorced, needed to get out, probably because half his money going to pay for a divorce attorney and the other half alimony... needed a drink and to get drunk... "uh, huh...." Well, this is news...
(hangs up and gets off phone).
Roger: "Well, let's see on google maps where is 3490 Beehive Lane? Hmmm.. (after punching in numbers on computer). "Oh, darn..... That is an apartment complex... Oh, drat! drat! That must have been an APT number
and somebody at the daily crime report entered APD instead of APT the wrong number.
Roger: (Call back news station): "Well, I called just a minute ago to report that an APD Officer got busted for DWI/DUI. Well, that information on the daily crime report was entered incorrectly and should have read, "APT for apartment. I know, I know, somebody goofed up. Well, DARN, and double darn (realizes how that sounds)... Well, I mean that it is good that an APD Officer didn't get arrested for DWI/DUI. Well, maybe it is better for the public not to have had an APD Officer get arrested for DWI/DUI. You know how people like to know... the public's right to know and all that. Ok, well, drat... I mean... not drat.
(Hangs up with Channel news station).
The above depicts how society members put up their pitch forks anytime an APD Officer gets pulled over for DUI. We tend to forget that Officers are also human and prone to divorce, etc....
When an APD Officer gets suspended and is on paid leave, then making an Officer is just another way society puts a pitch fork up.
I'm not a Smarty fan, think he's a crook. But I agree with this idea. People who are getting paid for nothing should be made to work. He has a few ideas that make sense every 6 or 7 years.
Hmmm....so what about those folks who are placed on Admin leave, but then the case is found exonerated....do they get that time back...or repayed for the humiliation of having to do something that is considered "punishment" for metro court cases????
Dirtbags make accusations all of the time....because they know how much of a headache they are going to cause officers.
I'm not saying that there aren't some bad apples...it happens...but this department is so inefficient up when it comes to investigating wrong doing....that this is just ridiculous.
The city is setting itself up for nice, fat, lawsuits.....which could be easily won. Weed/Litter is not part of APD....so if you transfer someone to another department...regardless of reason...you'll have to change the pay grade and department...
The mayor and Pete D are idiots.
I know, right????
The reason officers are put on paid administrative leave is, once they achieve permanent civil service status, they obtain a "liberty interest" in their position, which is akin to holding property rights in their job. The courts have held that under these circumstances, you cannot discipline (reprimand, suspend, reduce wages, demote, transfer fire, etc.) a permanent civil service employee without first affording them due process, which includes a full evidentiary hearing before an impartial body.
Courts have held that "other duties as required" is not a free ticket to completely re-write a job description. It only allows minor revisions related to the primary duties of the position. Even though the city is paying officers the same wages, putting them on trash detail has completely changed their job description. I believe civil service law will view this as a disciplinary demotion and/or transfer for which no due process was afforded. Given the status of their prior position and the negative publicity accompanying this change in city policy, it might be argued that the city took this action to deliberately humiliate officers as a further form of punishment.
To the idiot above who said this is one of Marty's better ideas look at it this way: You get cited for speeding and have to do your community service before you get your hearing in court. It's the same with this.
The chief has 90 days to complete an investigation UNLESS he approves of an extension. Since he approved it, guess what he owns the issue of Levi Chavez being on paid leave for almost two years.
The real question is why would he be interested in keeping a guy on admin leave so long? Perhaps so he can retire (again) before all the real news comes out????????
Think about it, it's not that hard to figure out.
P.S. Marty...you have the backbone of a snail.
Let's not forget Marty is officially announced he is in the Mayor's race and using every opportunity to campaign. Him appearing on the news is part of his strategy. Some people deserve it, others certainly don't. Either way, Marty always re-writes the rules for Marty. The officers have to play by them, so should he. He's a jackass!
I see a lot of back injuries. Those bags of weeds are heavy. Now you can be on "ILD".
Come on, put those lazy trouble makers to work! Granted there are a few good guys that get sucked in, make an exception for them. You know the false allegation investigaations.
However, the ones that have taken out their wives for ins money should be pulling weeds or doing hard labor. Levi was not an APD Cop long enough to have arrested anyone! So he will be fine out there.
Good job Mayor, put the trouble makers to work.
Its nothing more than political posturing---the lil' guy is desperately seeking votes. He'll say or do anything to appease the public at large. Even if it makes him look foolish. Hey Marty - city employees vote, too!
As a note of caution, putting Levi Chavez out there even it is just to pull weeds with a City Department gives Levi more credibility because he is "working" and not seen as much as a person that needs to be punished.
It gives Levi squat..... Just makes that lazy SOB work for a change. Thats all he did was chase lots women when he was on the WS.
Working and the ability to work is not a punishment, but a reward for most criminals.
Dude, fire that slimball already!
They shouldn't be put on administration leave. They should have a speedy trial and if found guilty, Fired. Put them behind a desk during that time, but keep them working. Same with shootings. Don't know why it's such a big shock to a cop when they shoot and kill someone? That's what the business asks of them. Besides don't cops train for that shit all the time? Admin. leave is BS, like time out or something, but still getting the candy.
I know why people might like that sort of way to help out the environment by pulling weeds, but
in reality those that are put on leave probably need the time to investigate and do research to try and clear themselves and if not worried then deserve the time to go on vacation before going to jail. Ha! Just kidding about going on vacation before going to jail. Levi Chavez isn't good enough to even be working at Kennel or pulling weeds, so he might as well be drinking a Margarita somewhere!
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