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.