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Despite Improper Record Withholding, Harlingen Police 2022 Suspensions Released

Our request for 2022 Harlingen Police Officer disciplinary records was received on January 31, 2023. On February 7, 2023, the City of Harlingen responded to our request as follows:

The City of Harlingen is in the process of producing the records as per your public information request, Reference No. #C007643-013123, due to the nature of your request, additional time is required. The information will be provided to you within 30 days.

For questions or additional information, please reply to this email.

Crystal Zamora, City Secretary Office

Interestingly enough, this lead us to contacting the Harlingen City Manager Gabriel Gonzalez. We previously reached out to him related to pending open records requests which were a lot older than this January 2022 request. He failed to respond to our inquiry.

On March 17, 2023, the City of Harlingen responds:

The City of Harlingen is still in the process of producing responsive records per your public information request, Reference No. #C007643-013123. Due to the nature of the request, additional time is required. The information will be provided to you within 15 business days. 

Please be advised that a Public Information Cost Estimate Model Letter will be sent to you shortly via email. 

For questions or additional information, please reply to this email.

Crystal Zamora, City Secretary Office

Again, we reach out to the City Manager Gabriel Gonzalez and he fails to respond. On March 20, 2023, the City of Harlingen Responds:

The City of Harlingen is still in the process of producing responsive records per your public information request, Reference No. #C007643-013123. Due to the volume of the request, please review the Public Information Cost Estimate Model Letter. 

For questions or additional information, please reply to this email.

Monica Puga, PD Records

We were provided the following cost estimate:

• Standard sized copies, 50 at $0.10 each, totaling $5.00
• Labor minutes ($15/hour), 1200 at $0.25, totaling $300
• Total cost to receive the 2022 disciplinary records was listed at $305.

Again, we reach out to the City Manager Gabriel Gonzalez and he fails to respond. We put in a couple of requests and determined the records we sought were located in one building. Since they were located in one building there cannot be a labor cost, per the Texas Public Information Act (TPIA), when the pages are 50 or less.

On April 18, 2022, we finally received the records we requested and the City of Harlingen withdrew its cost estimate. This complex request, per the City of Harlingen, consists of three disciplinary actions totaling twenty-five pages.

3 Harlingen Police Officers Were Suspended in 2022.

The documents provided do not present a clear summary of the incidents leading to the suspensions. The suspensions consisted of twenty-one (21) days, fourteen (14) days, and seven (7) days.

Twenty-One Day Suspension Issued to Harlingen Police Officer

An employee action provided in the open records release indicates that Steven R. Benitez received the twenty-one day suspension. In review of the document, this was related to Internal Affairs investigation 21-014-IA. The effective date of the suspension was January 5, 2022 through January 25, 2022. Benitez was allowed to use five (5) days of vacation on January 12, 13, 14, 17, and 18, in lieu of being without pay on those dates. He was issued the following notice:

NOTE: The aforementioned schedule is to be followed as directed without exception. No overtime assignment on said suspension. Also, All Harlingen Police Department ID/access cards, badges, and issued weapons will be turned in to D.C. Danny Villarreal and returned upon satisfactory completion of suspension day(s). [The suspended officer is] not to take part in any activity(s) dealing with law enforcement -[the suspended officer is] suspended [from his/her] occupation in every extent of the word. [The suspended officer is] not to be at or in what is considered any part of the Harlingen Police Department. Any action(s) contrary to the aforementioned will be in direct violation of [the suspended officers] suspension requirement(s).

Notice and Order of Disciplinary Suspension -__ (21) Calendar Days Without Pay – Officer Steven Benitez #4716

The twenty-one day suspension states the following policy violations:

• Violation of City or Department policies, code of conduct, rules and procedures.
• Failure to be considerate of coworkers, citizen’s or others
• Discourtesy to the public or to a fellow employee while the fire fighter or police officer is in the line of duty.
• 900.3 Responsibility to Know and Comply (a)
• 900.30 Disciplinary Matrix (Escape or Improper Control of Prisoner).

Fourteen Day Suspension Issued to Harlingen Police Officer

Internal Affairs investigation 22-014-IA lead to a fourteen (14) day suspension of Guadalupe Ruiz. The effective dates of the suspension were from July 18, 2022 through August 1, 2022. Ruiz was allowed to use three (3) days of vacation on July 20, 21, and 22.

Ruiz was provide the following notice:

NOTE: The aforementioned schedule is to be followed as directed without exception. No overtime assignment on said suspension. Also, All Harlingen Police Department ID/access cards, badges, and issued weapons will be turned in to D.C. Hector Leal and returned upon satisfactory completion of suspension day(s). [The suspended officer is] not to take part in any activity(s) dealing with law enforcement -[the suspended officer is] suspended [from his/her] occupation in every extent of the word. [The suspended officer is] not to be at or in what is considered any part of the Harlingen Police Department. Any action(s) contrary to the aforementioned will be in direct violation of [the suspended officers] suspension requirement(s).

Notice and Order of Disciplinary Suspension -__ (14) Calendar Days Without Pay – Officer Guadalupe Ruiz #4996

The fourteen day suspension states the following policy violations:

• Unsatisfactory performance or conduct
• Discourtesy to the public or to a fellow employee while the fire fighter or police officer is in the line of duty
• drinking intoxicants while on duty or intoxication while off duty
• Rule No. 5 Major Violations (b)(i)
• Rule No. 9. Conduct Discrediting to Department (d)(e)(f)
• Alcohol abuse, or public intoxication
• Acts brining discredit to the Department (a)

Seven Day Suspension Issued to Harlingen Police Officer

Internal Affairs investigation 21-0018-IA lead to a seven (7) day suspension of Jaime Rodriguez. The effective date of the suspension was March 9, 2022 through March 15, 2022. Rodriguez was granted two (2) days hardship (vacation usage) for March 10, 2022 and March 11, 2022. The suspension was ultimately seven (7) days.

Rodriguez was provided the following notice:

NOTE: The aforementioned schedule is to be followed as directed without exception. No overtime assignment on said suspension. Also, All Harlingen Police Department ID/access cards, badges, and issued weapons will be turned in to D.C. Danny Villarreal and returned upon satisfactory completion of suspension day(s). [The suspended officer is] not to take part in any activity(s) dealing with law enforcement -[the suspended officer is] suspended [from his/her] occupation in every extent of the word. [The suspended officer is] not to be at or in what is considered any part of the Harlingen Police Department. Any action(s) contrary to the aforementioned will be in direct violation of [the suspended officers] suspension requirement(s).

Notice and Order of Disciplinary Suspension -__ (7) Calendar Days Without Pay – Officer Jaime Rodriguez #2992

The seven day suspension states the following policy violations:

• Unsatisfactory performance or conduct
• Acts showing lack of good moral character
• 900.29(B) Discourtesy to the public
• 21-001 Special order body worn camera policy

2021 Harlingen Police Disciplinary Records Still Pending

Although we requested the 2021 records well before the 2022 records, we are still waiting for the City of Harlingen to release them. We have contacted the City Manager Gabriel Gonzalez and he has not responded. We also submitted an injunction complaint to the Cameron County District Attorney for the improper withholding of multiple record requests by the City of Harlingen through the City Manager.

A Couple of Our Other Reads

You may be interested in reading our first story on improper withholding the 2021 Harlingen Police Department disciplinary records.

Or you may find our story showing Harlingen and South Texas veterans the local Veterans Affairs does not have a medical doctor as Chief of Staff.

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