Judge sides with fired Calexico PD employee

CALEXICO — A Calexico Police Department evidence technician recently returned to work after a county judge ruled the city had wrongly fired him in September 2016 following an internal investigation into allegations of misconduct.

County Superior Court Judge Je rey B. Jones’ ruling of May 17 determined the city’s action had occurred beyond the one-year statute of limitations it had to take disciplinary action related to the misconduct allegations.

Jones’ recent ruling came in response to a July 2017 petition filed by 20-year civilian employee David Macias, alleging the city’s action had violated his employee’s rights.

In his ruling, Jones stated that government code prohibited the city from taking any disciplinary action against

Macias in late 2017 as a result of allegations of misconduct the city had initially investigated in early 2015.

Macias’ writ of mandate petition had also sought back pay and interest, as well as reimbursement of court and attorney fees.

Macias had been fired in September 2016 after an internal investigation determined he allegedly had violated department policies related to workmanship, recordkeeping and storage of items in the evidence room.

He had appealed his termination to the city’s Personnel Commission, which upheld the city’s action in an April 2016 report that stated the city met its burden of proof regarding the allegations against Macias, court records stated.

Macias had maintained that many of the evidence room’s issues resulted from poor departmental supervision, an argument that a police sergeant tasked with conducting the city’s investigation and at least one personnel commissioner appeared to support as well.