I 405,985,? Cir 2 Of?cer Matthew Belver, #1106 84"47.) 1 20 San Antonio Police Department ?atm?mu [0 San Antonio, Texas 5x480 Fire Fighters? and Police Of?cers? Civil Service Commission 119 Plaza de Arrnas, Suite 260 San Antonio, Texas 78204 AGREED SUSPENSION Gentlemen and Of?cer Matthew Belver: WHEREAS, Of?cer Matthew Belver, pursuant to Article XXVII, Section 2 of the Collective Bargaining Agreement by and between the City of San Antonio and the San Antonio Police Of?cers? Association, was served on March 25, 2010, with a contemplated inde?nite suspension; and WHEREAS, pursuant to said contract, Of?cer Belver was given an opportunity to rebut those charges being brought against him to Police Chief William P. McManus; and WHEREAS, said opportunity was exercised by Of?cer Belver; and WHEREAS, Of?cer Belver and Chief McManus have agreed to reduce the discipline in this matter to a thirty-day suspension without pay; NOW THEREFORE: The undersigned hereby enters into this suspension agreement wherein it is provided that Of?cer Belver shall be suspended without pay from the San Antonio Police Department for a period of thirty days, to be effective beginning the ?rst day following his ?rst set of R135 following his reinstatement to the San Antonio Police Department. Of?cer Belver waives any rights to appeal this Agreed Suspension and agrees no administrative or judicial body shall have power to review this Agreed Suspension or alter the terms of this agreement. Officer Belver has violated Subsection of Rule of the City of San Antonio Fire Fighters? and Police Of?cers? Civil Service Commission Rules, said rules having been adopted on February 23, 1998, and thereafter from time to timeamended, by the Fire Fighters? and Police Of?cers? Civil Service Commission as the Civil Service Rules for the Fire and Police Departments of the City of San Antonio. The particular civil service rules violated by Of?cer Belver and grounds for suspension are as follows: (12) Violation of an applicable ?re or police department rule or special order. The Rules and Regulations and Procedures of the San Antonio Police Department which Of?cer Belver has violated are as follows: RULE 4.12 - OFFICIAL REPORTS: (A) COMPLETION OF REPORTS: Members shall complete reports accurately, and in conformance with the report writing procedures of the department. PROCEDURE 601 PRISONERS (.14) PRISONERS (A) Of?cers Responsibilities: (2) Prisoners exhibiting or complaining of minor injury or sickness not requiring immediate medical attention are transported by the arresting of?cer to the Downtown University Health 99 22 Care Building located at 527 North Leona or University Hospital, 4502 Medical Drive. Should the arresting Of?cer be involved with other duties, another of?cer is assigned to transport the prisoner. Note: Based on the proximity of the Detention Center to the Downtown University Health Care Building, this is the primary facility for all minor injuries. If possible, have the dispatcher call 225-5481 ahead of time to con?rm patient load. The factual basis for the instant disciplinary suspension is as follows: On or about October 23, 2009, Of?cer Matthew Belver, while on duty, arrested Mr. Carlos Flores for Driving While Intoxicated at the intersection of Pinn Road and West?eld Drive. Mr. Flores was transported and booked into the SAPD Detention Center. The Magistrate Services/Detention Center Arrested Person Registration/Property Form identi?ed visible injuries to Mr. Flores at the time of booking, and also noted that Mr. Flores claimed injury. Additionally, Mr. Flores was photographed at the SAPD Detention Center approximately one hour after his arrest. Facial injuries were visible in that photograph. Of?cer Belver failed to transport Mr. Flores to the Downtown University Health Care Building located at 527 North Leona, at the time of arrest, as required for all prisoners exhibiting or complaining Of minor injury. . VHGH Aida In a DWI report written by Of?cer Belver subsequent to the arrest, Of?cer Belver reported Mr. Flores refused to provide a specimen of breath or blood. esmuv zz advmz ?1 This was inconsistent with the written Response Report to Internal Affairs by Of?cer Belver dated January 15, 2010 in which Of?cer Belver stated he had no contact with Mr. Flores once arriving of?cers had taken control of Mr. Flores at the scene of his arrest. Of?cer Belver stated in the report that Mr. Flores was transported by the Police Wagon and placed in a cell prior to Of?cer Belver?s arrival at the Detention Center. A copy of the instant disciplinary suspension order is being ?led with the Fire Fighters? and Police Of?cers? Civil Service Commission. AGREED TO BY: APR 2 0 2010 WIBLIAM P. CHIEF OF POLICE DATE SAN ANTONIO POLICE DEPARTMENT ,2010 OFFICER MATTHEW BELVER, #1106 DATE TIME SAN ANTONIO POLICE DEPARTMENT Rm EXAM I hereby acknowledge receipt of the original of the foregoing Agreed Suspension. I acknowledge having received noti?cation that I have ten days from the date of receipt of the instant suspension during which to ?le a written appeal of this suspension with the Personnel Director of the City of San Antonio requesting either arbitration or the hearing of my appeal by the Fire Fighters? and Police Of?cers? Civil Service Commission. I acknowledge that I have been informed that if I appeal to a hearing examiner/arbitrator, I waive all rights to appeal to a district court except as provided by subsection 143.0570) of the Texas Local Government Code. I also acknowledge that I have been informed that my right to appeal the decision of a hearing examiner/arbitrator to district court pursuant to section 143.057 of the Texas Local Government Code may have been modified by the provisions of article 27 of the current Collective Bargaining Agreement by and between the City of San Antonio and the San Antonio Police Of?cers? Association. I further acknowledge that in light of my entry into this Agreed Suspension, I shall have no right to appeal said suspension nor will any administrative Or judicial body have power to review same or alter its terms. I do hereby waive any and all rights to appeal said suspension and no administrative orjudicial body shall have power to review same or alter its terms. OFFICER MATTHEW BELVER, #1106 SAN ANTONIO POLICE WITNESSED BY: TIME: DATE: TIME: DATE: FILED on this the aw day of WV 2010, with the Fire Fighters? and Police O?icers? Civil Service Commission. DIRECTOR, FIRE AND POLICE CIVIL SERVICE COMMISSION ?a.trinH JOAIB 22 WNW -. .4 ?35 13.4%. 94mm this aim 40W . 3 0H OPE I CITY OF SAN ANTONIO 841: ?game 0 NOTICE OF SUSPENSION ?magmas MUST SIGN THIS FORM EVEN IF FORFEITING EMPLOYEE NAME: Of?cer Matthew Belver, #1106 ACTIVITY NO. AND NAME: 17-02-09 Police JOB CLASS NO. AND TITLE: 0600 Police TRANS SOCIAL SECURITY TRANS DATE BEGIN DATE END DATE NUMBER NUMBER OF LAST PAY TYPE REASON 32 DAYS 35 INDIC 36 37 39 30 30 022 NARRATIVE REMARKS: Agreed Thirty-Day Suspension To be effective beginning the ?rst day following his ?rst set of RDS following his reinstatement to the San Antonio glic?n De artment. -s n. 3: AUTHORITY: Written Order of the Chief of Police asumv azadvn 3 EMPLOYEE DATE M/f CITY MANAGER