The city of Española is entering its fifth month of paying two police officers to do nothing, despite a chronic manpower shortage in the department. And one of the officers is living free of charge on city land.
Officers Jeff B. Martinez and Eugene Rodella earn $39,249 and $35,672, respectively, with full health and retirement benefits, according to city documents. Although both men are under criminal investigation and in danger of losing their police certification, neither of them has been charged with any crime.
Acting City Manager Veronica Albin said city policy provides no mechanism for an unpaid suspension in such situations. As written, the policy simply allows administrators to place employees on paid leave pending the outcome of an investigation, she said.
“It doesn’t say anything about leave without pay,” Albin said.
Martinez is collecting his paycheck while living in a mobile home on city-owned property on Industrial Park Road. He pays no rent but is responsible for utilities, Albin said. However, the city has no lease or other written agreement documenting the arrangement, which began before the tenure of Albin or current Police Chief Julian Gonzales.
Albin said such arrangements were intended to deter crime — the city has an active lease with Española Police Cpl. Miguel Maez, who lives on city property near Ranchitos Park. According to Maez’s lease, his rent payments are waived in exchange for providing security services.
Officer Daniel Espinoza also lives free of charge near the city Water Department building on Bond Street, which Albin said is a target for copper thieves.
The city does not have a lease agreement with Espinoza.
Albin said the city reaps no benefit from Martinez’s presence now that he is no longer an active patrol officer, but she hasn’t given much thought to whether she could evict him.
As for his and Rodella’s continued employment, Albin said the criminal investigations and certification proceedings are out of the city’s hands.
Martinez, a former school resource officer, has been on paid leave since August 2008, when he became the subject of a State Police investigation into allegations that he possessed naked photographs of a 14-year-old Española middle school student on his cell phone. Rodella has been on leave since March 2008, when his wife reported a domestic violence incident that had allegedly occurred the month before.
Although no criminal charges have been filed in either case, the state Law Enforcement Academy Board is scheduled to review both officers’ certification in March.
Albin said the city’s relevant personnel policy, the one that fails to mention unpaid leave, will be addressed during upcoming revisions. The city’s personnel policies were last revamped in 2007. Albin said policies always look great on paper, but implementing them raises unforeseen issues.
“As you apply it is when you really see what improvements can be made,” Albin said.
City Councilor Danielle Duran said the matter should be dealt with by city staff. If the Council were to involve itself, it might as well ask for a lawsuit, Duran said.
“You know how ugly it is when city councilors get involved in (human resources) issues like that — then it seems like we’re out to get somebody or we’re trying to help somebody,” Duran said. “I don’t think it’s a good idea for us to involve ourselves on it, but we should probably be pushing the city manager and the public safety chief to find some sort of resolution to the issue.”