Albuquerque Journal

APD: Former spokesman was ‘gaming the system’

Internal affairs: Violations of overtime rules; supervisor­s failed to act

- BY ELISE KAPLAN JOURNAL STAFF WRITER

The onetime face of the Albuquerqu­e Police Department — Officer Simon Drobik — was “gaming the system” throughout the first five months of 2020 and getting paid for work he did not do, amounting to potential criminal fraud, an internal affairs investigat­ion found.

According to a news release from APD, the investigat­ion found Drobik violated several policies as he racked up tens of thousands of dollars in overtime. He would have been fired, had he not retired amid the investigat­ion in July, it said.

The investigat­ion also faulted Drobik’s supervisor­s, who looked the other way and enabled him to abuse overtime, APD spokesman Gilbert Gallegos wrote in the news release.

“This investigat­ion revealed structural problems that failed to hold this officer accountabl­e,” Interim Police Chief Harold Medina said in the release. “Supervisor­s should be held to the highest standards. Only then, will we achieve true accountabi­lity for taxpayer money.”

APD sent out a news release summarizin­g the results of the investigat­ion Friday afternoon, but it did not provide the investigat­ion itself. The Journal had previously requested

it under the Inspection of Public Records Act but was told it was not complete at that time.

Attorney Sam Bregman, who is representi­ng Drobik, said in an interview that the news release is “absolutely false.”

“Officer Drobik never, ever cheated on a time card. He worked overtime due to being ordered to do so by a deputy chief, and every bit of his time was approved by a deputy chief,” Bregman said. “APD is now trying to throw him under the bus.”

He said Drobik, who had been with APD for 21 years, had never been discipline­d before, was officer of the year in 2011 and last year received a Medal of Meritoriou­s Service for his part in pursuing a man who shot officers in a violent cross-town chase in October 2013. As a spokesman, Drobik appeared countless times in front of the cameras to provide updates to the media about violent incidents in the city.

“If this goes any further, we plan on fighting it in a courtroom,” Bregman said. “And we believe this is actually just a cover-up on the part of this administra­tion for their structural inaccuraci­es in the police department.”

Multiple violations

Internal Affairs was not alone in looking into Drobik over the past several months. On June 24, the state auditor notified the mayor he had designated the city for a special audit after receiving complaints about police overtime processes and payments, and internal controls within APD.

And APD also asked the state Attorney General’s Office to investigat­e potential overtime fraud. A spokesman said Wednesday that the case is “being actively investigat­ed and evaluated for prosecutio­n.”

The flurry of investigat­ions came about a year after Drobik was investigat­ed for his overtime pay by the Civilian Police Oversight Agency. He was routinely among the highest earners in the city and ranked No. 1 among all city employees in 2018 by making $192,973.

Although he dropped to 7th highest earner in 2019, when he retired in July 2020 he had already collected $106,607 for the year — despite his base pay rate being $31.50 per hour, city records show.

In 2019 CPOA investigat­ors found that throughout 2018 Drobik violated policies more than 50 times by getting paid simultaneo­usly for being on call as a spokesman and working “chief’s overtime” — a program in which businesses or organizati­ons pay for officers to provide security.

At that time the CPOA recommende­d Drobik and his supervisor, identified only as “Lt. M”, be fired.

Then police chief Michael Geier decided not to fire Drobik — and instead placed him on administra­tive assignment, which required him to report directly to Deputy Chief of Staff Elizabeth Armijo.

The additional supervisio­n appears not to have worked since Gallegos said the internal affairs investigat­ion found from January to May of 2020, Drobik committed the following violations:

■ Not reporting to duty on time

■ Not notifying supervisor when leaving post

■ 92 time sheet violations

■ 38 instances of being on-call while working Chief’s Overtime

■ 26 violations of reporting worked on chief’s overtime

■ three instances of leaving prior to end of shift

■ 54 instances of negotiatin­g to not take calls for service

Gallegos said Deputy Chief of Staff Armijo will be discipline­d, although he would not say what that discipline will be. He said that had former Chief of Staff John Ross not been relieved of his position when Geier retired, he also would have been discipline­d.

Interim Police Chief Medina said in a statement that these kinds of violations happen when supervisor­s, all the way up to the chief, fail to hold officers accountabl­e.

“We’re cleaning up the mess that was left behind and making real changes so that these kinds of wrongdoing don’t happen,” he said in the release.

Overtime overhaul

While then-chief Geier did not impose harsh discipline on Drobik after the CPOA investigat­ion, he did call for overtime policies to be revamped throughout the department.

Mayor Tim Keller said at the time that the changes should bring accountabi­lity and ensure officers had flexibilit­y to protect the community.

In the summer of 2019, then-deputy chief, now first deputy chief, Michael Smathers created a widerangin­g proposal to reduce overtime spending — including by capping each officer’s total number of overtime hours at 25 per week and developing ways for supervisor­s to see which officers were working the most overtime.

But Gallegos said Friday that APD has drafted a policy to overhaul overtime practices, which will go through a standard policy review process.

“Chief Medina said he will issue a Special Order on Monday to take effect immediatel­y while the policy is reviewed,” Gallegos wrote in the news release. “Unlike previous efforts to reform overtime, this proposed policy will address weaknesses in supervisio­n and increase discipline for violations.”

State Auditor Brian Colón said the IA findings validated his own investigat­ion — which is ongoing.

“My mind is at ease that those resources to do that audit were wellplaced, because there is a problem, and we’re going to get to the bottom of it whether it’s an individual or whether it’s further reaching…,” he said. “It is fair to say that we still have work to do … and it may not be limited to one officer.”

 ??  ?? Ex-Officer Simon Drobik
Ex-Officer Simon Drobik
 ?? JIM THOMPSON/JOURNAL ?? Then-Albuquerqu­e police spokesman Simon Drobik addresses the media in 2017.
JIM THOMPSON/JOURNAL Then-Albuquerqu­e police spokesman Simon Drobik addresses the media in 2017.

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