Civil Service Commission upholds Fayetteville policeman's 30-day suspension

FAYETTEVILLE -- A policeman who said he was wrongly reprimanded for having controversial conversations with coworkers about department policies and Freedom of Information Act requests was found Friday to have violated police policy.

The Civil Service Commission upheld his 30-day suspension at an appeal hearing Friday.

About civil service

The Civil Service Commission was established in Fayetteville by Ordinance 773 on April 9, 1934, and was later amended by Ordinance 4379 to be in line with Arkansas Code 14-51-201. This changed the membership from five members to seven. The commission is responsible for examining and establishing eligibility lists for appointments and promotions within the police and fire departments. The commission also acts upon appeals of disciplinary actions.

Source: accessfayetteville.…

Jason Alvarado, a 22-year police veteran, requested an appeal hearing after an Oct. 24 internal investigation found he agitated conflict, dissent and ill will among coworkers, was insolent to superior officers and violated a department policy against writing non-police work on a mobile digital computer readable in patrol vehicles. That message included disparaging remarks about a coworker, according to testimony Friday.

The investigation revealed three conversations and the misuse of the police communication device, said Capt. Jamie Fields, who investigated the incidents.

Alvarado was suspended without pay Dec. 23-Jan. 22, he said. The hearing Friday was to see if Alvarado could recoup any pay from the suspension, Police Chief Greg Tabor said.

Tabor testified Friday he initiated the Alvarado investigation after Sgt. Dominique Swanfeld mentioned one of the heated conversations.

Swanfeld was suspended for about 30 days in September 2014 for violating department policies, including that he drove his department-issued vehicle after consuming alcohol at a Fraternal Order of Police event in June. He wasn't involved in the conversations with Alvarado.

Alvarado's conversations included one with Sgt. Creston Mackey, who was suspended for 24 hours for driving police department vehicles after consuming alcoholic beverages. Alvarado also debated with Sgt. Carey Hartsfield, who was suspended for drinking on duty in 2013.

Another conversation was with Officer Tim Shepard. No information about Shepard's background was available Friday at 5 p.m.

At least two supervisors said they engaged Alvarado in conversation. Mackey was reprimanded with a supervisor counseling after calling Alvarado a name during a conversation, Tabor said.

At least two other policemen were reprimanded for misusing the mobile patrol computer, according to testimony Friday.

The suspension is the third reprimand Alvarado has received over similar incidents, Tabor said. Alvarado was reprimanded in 2010 and 2013 for similar instances, Fields said. The multiple incidents made Alvarado's offense and reprimand more severe, she said.

No one else was reprimanded over engaging in controversial conversations with Alvarado last fall. No one else is under investigation or expected to be reprimanded, Tabor said. If Alvarado continues to agitate coworkers, he will be fired, he said.

Several police officers, some of whom are friends of Alvarado, said Friday they didn't feel Alvarado intended to offend superiors or coworkers. Police who knew him called Alvarado "opinionated" and "passionate."

Just because a conversation makes someone angry doesn't make it inappropriate, Alvarado said. He said he has no hard feelings about the reprimand or losing the appeal. He told the commission he knows he rubs people the wrong way sometimes.

After the hearing, Alvarado shook Tabor's hand.

"It's all good," Alvarado said.

NW News on 02/28/2015

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