Police Chief Violations – Update #4

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McManus in glasses

The last 5 of 20 SAPD General Manual policies violated by Police Chief William McManus on Dec. 23, 2017 when he released twelve undocumented immigrants into the City of San Antonio without properly and thoroughly identifying them. (Story here). The Chief and City Manager Sheryl Sculley say his actions were proper. ICE disagrees:

“I would say it’s unfortunate. Homeland Security agents are experts in human trafficking and alien smuggling. We certainly would have taken that case and investigated it to the furthest levels to identify everybody who is involved in that conspiracy.” – Thomas Homan, Acting Director of ICE, Feb. 14, 2018

Violations 16 – 20:

401.03 INCIDENT REPORTS: C. SUPPLEMENTAL REPORTS: (1.) The Supplemental Report is completed within AFR by all officers who respond to a call…(2.) All officers assigned to a call shall provide detailed comments…

410 BODY WORN CAMERAS: (.03 POLICY): A. It is the policy of the San Antonio Police Department to present for prosecution audio/video evidence of traffic and other law violations as outlined in Section .06 of this procedure. To this end, Officers with properly functioning BWC equipment shall record all events surrounding the contact, stop, detention, interview, and arrest of suspected violators and maintain this recorded evidence for consideration in criminal prosecution. (.06 RECORDING): D. Officers shall begin recording the following events and continue recording until the event is concluded…

618 RACIAL/BIAS PROFILING/IMMIGRATION POLICY: (.11 IMMIGRATION POLICY): B. Officers will verify identification and perform a background check on people to whom they are issuing a citation, legally detaining, arresting, or processing for magistration.

619 CONSULATE NOTIFCATION AND DIPLOMATIC IMMUNITY: (.02 CONSULATE NOTIFICATION OF ARRESTED OR DETAINED FOREIGN NATIONALS): A. The United States is obligated under the Vienna Convention on Consular Relations, international treaties, and customary international law, to notify consular officials when foreign nationals are arrested or otherwise detained in the United States. The U.S. Department of State does not consider it necessary to follow consular notification procedures when a foreign national is detained only momentarily, e.g., during a traffic stop. B. After an officer arrests/detains a foreign national, the officer will determine the foreign national’s country of origin. Normally, this information is found on the passport or other travel documentation that the foreign national is carrying. C. Officers will inform the foreign national of his/her right to request that their consulate be notified under the following circumstances: (a.) After the foreign national is arrested; and (b.) Before a detention that may last more than four hours.

713 HUMAN TRAFFICKING: (.09 Supervisory Officer’s Responsibilities in a Suspected Human Trafficking Case) A. Ensure that the applicable procedures are followed

Chief McManus violated at least 20 SAPD policies on December 23, 2017. His actions are being investigated by the Texas Attorney General, and SAPOA believes that the City Manager – who’s the only local official who can investigate him – should also look into the matter instead of turning a blind eye to his blatant disregard of department policies and state and federal laws.

Police Chief Violations – Update #3

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McManus with Officers

Four more SAPD General Manual policies violated by Police Chief William McManus on Dec. 23, 2017 when he released twelve undocumented immigrants into the City of San Antonio without properly and thoroughly identifying them. (Story here). City Manager Sheryl Sculley – the only official with authority to investigate – has said his actions were proper, but she’s wrong. Here’s the proof. Violations 12 – 15:

3.29 SOLICITING SPECIAL PRIVILEGES: (A). FOR PERSONAL GAIN: Members shall not use their official position to solicit special privileges for themselves or others.

4.09 DUTY TO REPORT CRIMES: Members receiving or possessing facts or information relative to a criminal offense shall not conceal, ignore, distort, or retain such facts or information, and will report such facts. Members will have a continuing duty to report facts and information relative to criminal offenses until the criminal offense has been reported through proper channels.

4.12 OFFICIAL REPORTS: (A). COMPLETION OF REPORTS: Members shall complete reports promptly, accurately, and in conformance with the reporting procedures of the department. (B). SUBMISSION OF REPORTS: Members shall complete and submit all reports prior to going off-duty.

4.17 COOPERATION WITH OTHER AGENCIES: Members shall cooperate with all agencies engaged in the administration of criminal justice and other public departments, giving to each all aid and information they might be entitled to receive.

TO BE CONTINUED…

Police Chief Violations – Update #2

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sapoa lemon

Seven more SAPD General Manual policies violated by Police Chief William McManus on Dec. 23, 2017 when he released twelve undocumented immigrants into the City of San Antonio without properly and thoroughly identifying them. (Story here). City Manager Sheryl Sculley – the only city official with authority to investigate the chief – has said his actions were proper, but she’s wrong. Here’s the proof. Violations 5 – 11:

3.01 ABIDE BY LAWS AND DEPARTMENTAL ORDERS: A. LAWS, ORDERS, RULES, REGULATIONS, AND PROCEDURES: Members shall abide by the laws of the United States and the State of Texas, ordinances of the City of San Antonio, and the departmental orders, rules, regulations, and procedures of the San Antonio Police Department.

3.02 TRUTHFULNESS OF MEMBERS: Members shall speak the truth at all times. Reports and written communications from any member shall also reflect the truth.

3.03 OBEY LAWFUL ORDERS: C. UNLAWFUL ORDERS PROHIBITED: No commanding or supervisory officer shall knowingly or willfully issue any order, which is a violation of any law, ordinance, or departmental rule.

3.04 RESPONSIBILITY TO SERVE THE PUBLIC: Members shall serve the public through direction, counseling, assistance, and protection of life and property. Members shall also respect the rights of individuals and perform their services with honesty, sincerity, courage, and sound judgment.

G. MAINTENANCE OF COMPETENCY: Members shall maintain sufficient competency to properly perform their duties and assume the responsibilities of their positions.

3.07 CRITICISM OF THE DEPARTMENT: D. AFFECTS PUBLIC CONFIDENCE: Members shall not use speech, writings, or other forms of expression that tend to adversely affect the public’s confidence in the integrity of the Department and/or its officers and employees.

F. DISREGARDS THE TRUTH: Members shall not use speech, writings, or other forms of expression that are made with negligent disregard for the truth.

3.08 UNAUTHORIZED RELEASE OF INFORMATION: E. RELATIONSHIP WITH ATTORNEY, BONDSMAN, OR AGENT: It is forbidden to give information about any prisoner in confinement to any attorney, bondsman, the agent of either, or any other person not authorized to receive it.

F. RECOMMENDATION OF ATTORNEY OR AGENT: No member shall recommend to any person the name or names of any attorney, counselor, bondsman, or other person.

3.28 RESPONSIBILITY TO KNOW LAWS AND PROCEDURES: A. LAWS AND ORDINANCES: Members shall learn and thoroughly understand the laws and ordinances, which they are charged with enforcing.

B. WRITTEN DIRECTIVES: Members shall familiarize themselves with all written directives which are published by the department and which affect their assignment.

C. PENALTY FOR VIOLATIONS: Violation of any lawfully adopted departmental rule or regulation by any department employee who is subject to the same, shall be sufficient cause for suspension or termination in accordance with applicable law and Fire and Police Civil Service Commission procedure, whether the rule or regulation is part of the originally promulgated rules and regulations, or is contained in a subsequent general or special order, directive, or other amendment to the rules.

D. LACK OF KNOWLEDGE: Lack of knowledge of such rules or regulations shall never be a defense to any disciplinary action, if said rules or regulations have been disseminated or posted as set forth in the regulations and if the employee has had a reasonable opportunity to become familiar with the rules and regulations.

TO BE CONTINUED…

Police Chief Violations – Update #1

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Human smuggling in San Antonio

Over the next several days, SAPOA will be listing every policy in the SAPD General Manual violated by Police Chief William McManus on December 23, 2017 when he released twelve undocumented immigrants into the City of San Antonio without properly and thoroughly identifying them. (Story here). City Manager Sheryl Sculley – the only city official with authority to investigate the chief – has said his actions were proper, but she’s wrong, and here’s the proof:

Violations 1 – 4: To begin with, here’s what the General Manual says about who the rules and regulations apply to:

1.01 PURPOSE: “These rules are designed to promote efficiency, discipline, and good public relations by setting forth policies governing the conduct and demeanor of every member of the police department, both on- and off-duty.”

1.03 SCOPE: “These rules and regulations govern the conduct, responsibilities, duties, assignments of, and the use of equipment by all members of the department.”

1.04 ACKNOWLEDGMENT: “The Rules and Regulations of the San Antonio Police Department, which are incorporated in the General Manual, apply to all employees, both sworn and non-sworn, and have the effect of an order.

2.01 COMMAND/SUPERVISORY RESPONSIBILITIES: “B. ENFORCE RULES: Supervisory officers shall be uniform and impartial in the enforcement of these rules and procedures; the insurance of conformity on the part of command officers to all orders, directives, and other instructions issued to the members of the department.

To be continued…

Chief McManus Still Under Investigation

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Human smuggling in San Antonio

The actions of Police Chief William McManus on December 23, 2017 are still under investigation by the Texas Attorney General. On that night, in possible violation of established procedures and State and Federal law pertaining to suspected human smuggling and trafficking cases, the Chief released twelve undocumented immigrants into the City of San Antonio without properly and thoroughly identifying them.

For several years now, San Antonio Police Officers have been well trained on how to handle and process human smuggling and trafficking cases. SAPD also works with Homeland Security through the Federal Joint Task Force to specifically target and arrest individuals involved in these crimes. On December 23rd, when twelve people were stopped and detained under suspicion of smuggling and being in the country illegally, the Officers on scene began following the law and established procedures. Then, Chief McManus arrived.

When Chief McManus arrived unexpectedly on scene, in civilian clothing and with a lawyer from a non-profit organization, Officers briefed the Chief on the situation and their actions, which included notifying Homeland Security. The Chief immediately changed their orders: they were not to identify the individuals or check their immigration status (as Texas law allows local law enforcement to do) and they were not to involve Homeland Security (as per Joint Task Force procedures).

When an agent from Homeland Security did arrive, the Chief informed him that his assistance was not needed. After transporting the individuals to police headquarters, the Chief allowed the non-profit attorney complete access to them before ever allowing even one of the Special Victims Unit (SVU) detectives to speak to them. The Chief then stated that none of the detainees were to be processed through SAPD databases and ordered them released. At this point, SVU Supervisors were so shocked they requested the order be put in writing.

The twelve detainees were then escorted out of the back of police headquarters and released into the city. Afterwards, the Chief told the media that the case was based on a “fluid situation,” and that “it’s not necessarily how every case will be handled going forward.” SAPOA believes that the Chief’s actions were political, not in line with established State and Federal laws and procedures, and may have risked the safety of the community.

We have called upon Mayor Ron Nirenberg, City Manager Sheryl Sculley, and the City Council to investigate or at least have the Chief answer for his actions that night. Up to now, they have done nothing. Fortunately, the Texas Attorney General launched an investigation in January and has ordered the entire City government to preserve all evidence and present any and all documents, videos, and cellular phone data, regarding the December 23rd incident.

SAPOA will soon be listing all the Department violations that the city manager has stated publicly were not violated. Research for yourself HERE and see how many you can find and share with the public. Here’s a hint: start with Section 200 – Rules and Regulations, 1.01 PURPOSE: The Rules and Regulations officially adopted and set forth in this manual are for the guidance, regulation, and control of the conduct of all members of the Police Department of the City of San Antonio, Texas. These rules are designed to promote efficiency, discipline, and good public relations by setting forth policies governing the conduct and demeanor of every member of the police department, both on- and off-duty.

It’s imperative, for the safety of our Officers and the general public, that everyone, no matter what their rank or political leanings, follow the law.

Stay tuned.