San Antonio Express-News

‘Wandering officers’ must be watched

- By Luis Soberon Luis Soberon is a policy adviser for Texas 2036, a nonprofit organizati­on building long-term, data-driven strategies to secure Texas’ prosperity through our state’s bicentenni­al and beyond.

The nowformer Uvalde CISD Police Chief Pedro “Pete” Arredondo was fired by the school board in August with a less-than-honorable discharge.

Arredondo’s failure to take command of the situation was at the center of what a legislativ­e committee called law enforcemen­t’s “lackadaisi­cal” response to the Robb Elementary School mass shooting.

Last month, Arredondo’s discharge was upgraded from “general” to “honorable” by default because no one initially contested his effort to appeal. This past Friday, in the wake of increased public scrutiny prompted by Texas 2036’s findings about Arredondo’s appeal, the school district asked for a rehearing to uphold the original discharge.

No matter how Arredondo’s discharge is finalized, the events following his firing should spur legislativ­e action to reform a little understood process governing the separation of a peace officer from his or her employer so a situation like this doesn’t reoccur.

Any time an officer leaves a law enforcemen­t agency for any reason, the agency files an F-5 report to the state. The agency checks one of three boxes — “honorable,” “general” or “dishonorab­le” — to describe the discharge. If the officer applies to work somewhere else, the discharge is one factor a future agency can consider before hiring.

For Arredondo’s case, a “general” discharge under state law is for when an officer is terminated because of a “disciplina­ry investigat­ion of conduct” or a “documented performanc­e problem.”

If an officer receives either a general or dishonorab­le discharge, that officer can file an appeal challengin­g the agency’s determinat­ion to receive a better discharge status on the F-5

form.

The F-5 system was intended to address the problem of wandering officers — those who are fired from one agency for cause and then find work at another. In theory, a general or dishonorab­le discharge was supposed to serve as a red flag for a hiring agency.

In practice, it’s a red flag that doesn’t work.

The discharge categories are overly broad, the appeals too often lead to default upgrades, and confidenti­ality shields the process from scrutiny. A report by Texas 2036 last November showed how the F-5 system not only fails to adequately address the problem but can also facilitate an officer’s wandering to other agencies. It found almost 60 percent of the discharge upgrades that occurred in 2021 were won by default, with confidenti­ality contributi­ng to the phenomenon.

Arredondo’s general discharge happened in broad daylight. One has to ask why Uvalde CISD has to litigate the

obvious — or whether we can have a system that more easily avoids absurd results.

There are multiple ways to address this, including giving the state teeth to enforce profession­al conduct standards against licensees. Lawmakers this year should focus on what

happens at two critical points: What an agency does when an officer leaves and what an agency does before an officer is hired.

First, replace the ill-defined discharge categories on the current F-5 report with neutral, descriptiv­e reasons for separation. Sticking to objective descriptio­ns can also dramatical­ly cut down the number of F-5 appeals and thus the number of default judgments. Simply abolishing any reason for separation — a current recommenda­tion in the Sunset process — would provide even less informatio­n and transparen­cy on wandering officers.

Second, ensure that all law enforcemen­t agencies maintain detailed personnel records. Legislatio­n passed in 2021 took a step in the right direction by requiring records-sharing between agencies, but the quality of a hiring agency’s background check is only as good as the quality of the personnel informatio­n maintained by the firing agency.

Third, ensure that the basic informatio­n on the report is publicly available. Ensuring the transparen­cy of neutral, factbased separation informatio­n will enable better monitoring of statewide trends and agency practices.

Lastly, require agencies to check a national law enforcemen­t database such as the National Decertific­ation Index before hiring. Over the past decade, hundreds of officers started their policing careers outside of Texas law enforcemen­t agencies. This would provide an extra assurance that officers with a checkered work history do not bring it to Texas without notice.

For Texas to be the best place to live and work, public safety, which is predicated on trust in law enforcemen­t, is critical. That trust can be shaken and tarnished by a few who do not uphold the profession’s high standards. The Legislatur­e must seize the opportunit­y this session to improve safeguards against wandering officers, strengthen the profession and better protect all Texans.

 ?? Juan Figueroa/tns ?? Fired Uvalde CISD Police Chief Pedro “Pete” Arredondo was able to quietly appeal his discharge, underscori­ng a lack of transparen­cy around the firing of officers who then are hired at other agencies.
Juan Figueroa/tns Fired Uvalde CISD Police Chief Pedro “Pete” Arredondo was able to quietly appeal his discharge, underscori­ng a lack of transparen­cy around the firing of officers who then are hired at other agencies.
 ?? Wally Skalij/tns ?? Children who lost a sibling in the Robb Elementary School massacre leave flowers outside the school on May 25.
Wally Skalij/tns Children who lost a sibling in the Robb Elementary School massacre leave flowers outside the school on May 25.
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