March 3, 2001

In Favor of HB 2120 (Dukes)

Related to procedures for notifying police officers of disciplinary suspensions.

This bill is supported by the ACLU, the Texas Association Against Sexual Assault, and the Sunshine Project for Police Accountability. It has been referred to the House Urban Affairs Committee.

Synopsis: Allows for alternative notification methods for suspension notices for police officers. This bill allows the department to notify the officer either through certified mail or by notifying a designated police association representative if the officer is unavailable for face-to-face notification.

Statement of Need: This bill closes a loophole in the state civil service code which allows an officer to manipulate a notification deadline and thereby avoid suspension. Currently, an officer must accept notice of suspension in person within 120 hours of the Chief’s decision. If the officer does not personally accept notice, the suspension can be invalidated. Among police accountability advocates, this bill fixes what’s come to be known as “the Ramirez loophole.” Officer Ramirez’s case study makes clear the need for this legislation:

APD Officer Samuel Ramirez was fired for physically forcing an Austin woman to perform oral sex while in uniform and on-duty. The chief’s suspension letter also mentioned previous sexually related misconduct while on duty. Ramirez made himself unavailable for notification during the 120-hour period. On the sixth day he showed up at the police department with his attorney to receive notification, and now claims (with the authority of a district judge’s opinion on his side) that the state civil service code requires the department to allow him to remain on the force.

Although the police chief and investigating officers thought Ramirez had committed the crime of sexual assault, District Attorney Ronnie Earle took the evidence to the grand jury and returned with only a misdemeanor “official oppression” charge, even though the indictment stated that the officer held the woman to keep her from leaving and extorted oral sex against her will. At most, Ramirez will receive a one-year sentence if he’s convicted. But if Ramirez is acquitted or charges are dropped, he may well actually return to duty even though the police chief and investigators believe he committed “sexual assault.” If any other employer believed an employee committed sexual assault on the job, the employer could fire that employee. The provision for notice to the officer of a suspension—clearly intended to ensure fairness—should not be abused to leave the police administration helpless to suspend officers with significant problems.