Police investigation disputed

  SAN LUIS, Ariz. - An investigation into complaints against a high-ranking officer of the police department was rigged to clear him, says a former city official who oversaw the department.

  Gilbert Lara, who formerly oversaw the police department as the city's director of public safety, said a group of officers came to him with their concerns that the probe was biased to clear Police Capt. Javier Nuño of 16 complaints against him made by police officers.

  "The investigation (into the complaints) was handled wrong," Lara said. "Luis Márquez, a friend of Nuño, was named lieutenant so that he could conduct the investigation, (increasing) the possibility of him finding in Nuño's favor."

  Marquez, a police officer, labeled Lara's statement false.

  "There were no instructions to protect Nuño. It must be pointed out that the investigation was not a formal one. It was meant to collect information on complaints to determine if there were grounds for an investigation, and there was not enough information to open an investigation," Marquez said.

  He added, "Nuño is not a personal friend. I don't know why Lara said Nuño was my friend."

  Lara, who also oversaw the fire department in his position as public safety director, resigned in 2007 prior to the end of his contract with the city.

  Marquez said that since the original complaints against Nuño were made anonymously and there were no additional sources of information, they did not meet the requirements to conduct a full investigation.

   According to the results of the administrative investigation, there were 16 complaints on the document that was given to interim City Administrator Jeff Philpot. Only three were valid, but "those are resolved administratively," he said.

  Complaints included one about Nuño allegedly giving perks to police officers close to him and not giving other officers opportunity for training and working extra hours.

  "Those people who supposedly are not happy don't accept that things have changed in the department. We all have to work and put forth the same effort and that is where the trouble is," Nuño said.

  He added that those who made the original complaints are just reacting to the changes made to improve things in the department. "These things didn't happen this year. They go further back and their discontent is in reaction to the steps that have been taken."

  Márquez said he assigned five sergeants in the department to look into the various complaints, and their results were turned over to Philpot.

 "I checked the complaints and the information by the sergeants. Based on that I determined that there are minor violations to administrative rules and procedures, but beyond this all concerns were resolved," Philpot said during an interview.

  He added that differences of opinion within the department have always existed during the previous captain, during Lara's management, and now under Nuño.

  "There is a group of people with a hidden agenda and they won't be happy until they get what they want," Philpot said. "It's a shame because this is a group of highly trained and capable people."

  He said that Nuño "has done the best he can with the tools he has. We have identified areas of improvement but he has done an exceptional job with what he has been given. As an officer, you get used to identifying bad people, but when they are sitting next to you in the same room or next to you in your car, it is much harder to manage.

  "Until we identify, treat or eliminate them, these problems will continue, regardless of who is leading the department," he said.

 Philpot said that as part of terms of his departure, Lara agree not to get involved in further departmental matters.

  "In reference to Mr. Lara, we have a potential conflict with him, because there's a contract he signed with the city which prevents him from becoming involved in any city business. I think Mr. Lara needs to check the document or consult his lawyer."

  Philpot held open the possibility of future legal action against Lara. "This is an option that the city can opt to use since the agreement may have been violated," he said.

  Lara said some of the officers are looking at taking their complaints to an attorney or to the city council. Until now, they have preferred to remain anonymous, fearing repercussions.

  "Officers who disagree with decisions have been threatened for taking their complaints higher up, but I am not afraid. I have already been dismissed," he said.

  "They look into their personal life, they want to instill fear, but they are only making them angrier," he concluded.

  According to Nuño, by presenting their complaints outside the police department, the officers violated the chain of command.

  "If the sergeant didn't listen to them, they must go to the lieutenant, if the lieutenant didn't listen, then they must come to me. The door is open; they know me. I have worked for the city for 13 years and they know I don't work this way," he said.