Arbitrator upholds firing of Beach cop who says he drank

MIAMI BEACH
Arbitrator upholds firing of Miami Beach cop who says he drank before work
BY CHRISTINA VEIGA
CVEIGA@MIAMIHERALD.COM

An arbitrator has upheld the firing of a Miami Beach police officer who admitted he took shots of cranberry and vodka before heading into work, skipped roll call so no one would notice his drunkenness, and then spent an hour and 40 minutes outside of his district “relaxing,” according to his testimony.

The city fired Officer Rolando Gutierrez after he was photographed along with former officer Derick Kuilan at a bachelorette party on July 3, 2011, at the Clevelander Hotel.

Gutierrez had appealed his termination, saying that Miami Beach improperly tested him for alcohol and that the city contributed to the incident by allowing a culture of intoxicated officers on the job.

“There is no proof of this culture,” the arbitrator wrote in his decision.

Beach Fraternal Order of Police president Alex Bello said the union took issue with the alcohol test given to Gutierrez — a portable breath test which wouldn’t be admissible in court, he said.

“We expect that we get afforded the same rights as anyone else,” Bello said.

Kuilan was also fired after the Miami-Dade state attorney’s office charged him with running over two beach-goers while riding his ATV on the sand with a bachelorette in tow. Prosecutors say his blood alcohol level measured .088, above the legal limit, nearly five hours after the accident. He is awaiting trial for drunk driving and other criminal charges and has also appealed his termination, according to the Miami Beach City Attorney’s Office.

Read more here: http://www.miamiherald.com/2013/05/22/3 ... rylink=cpy

Typical response from today's generation. "Its somebody else's fault".

Typical response from today's generation. "Its somebody else's fault".

Essentially, I agree with this opinion, with limitations. As time and decades move on there does seem to be a pattern - more and more - of blaming others and a refusal to accept personal responsibility.

But... This should not apply to Police Officers. Hopefully we were all taught better by out parents, schools and religious institutions before we entered Police work. We were certainly taught the difference between right and wrong, legal and illegal and acceptable and unacceptable behavior in the police academy. And, again, hopefully, this was reinforced in the FTO program and during probation.

Now, with the recent arrests, terminations, demotions of civil service supervisors, suspensions and reprimands it should be clear to everyone that aberrant behavior by Police Officers is not acceptable - by the City and the public - and will be dealt with.

I know that politics plays into our current situation. Everyone should be treated the same and with equal due process and fairness. Punishment, when appropriate, should fit both the offence and the offender. Currently, some are treated more harshly than deserved and others (especially those perceived to be politically connected) seem to be coated in Teflon. But all of this does not change certain facts.

We swore to be honest and honorable. We proudly wear our badges as a symbol of what makes us special and different. That we are leaders and deserve to maintain the power and confidence entrusted to us.

We allow what makes us great to be eroded when we don't keep our promises. You can't come to work drunk or high. You can't drink on duty or "party" at work. Not responding to a call, abandoning your post, pretending to be on a call long ago cleared, driving and parking illegally when not necessary for public safety, sneaking in late or sneaking out early all is totally unacceptable. As is any on or off-duty criminal behavior. And what is interesting is that we all know this. If asked, all of us would agree. And, unfortunately, with the ebb and flow of administrative responsibility and effectiveness, there will be those who will continue to abuse their office.

Your job is to not be one of them. Even if it is easy to get away with breaking the rules. You don't have to be perfect, just continue to try to do the right thing.

I have always felt that the most important rank in the Department is the Sergeant. If the Sergeant sets the example and fairly holds his or her Officers to a high standard, that standard will be met. As I have talked about in an earlier post, we need to worry about the troublesome 10%. That is the job of the Sergeants. I know that there are some problematic supervisors, but that is for another post. But I will say here that some of you Sergeants need to truly be leaders amongst leaders and do a much better job.

Show up to work on time, having driven and parked legally. Look sharp in your uniform. Do what your boss tells you to do - well. (Of course this assumes that your instructions are legal, moral and within the rules, regulations, policies and procedures of the Department.) And find a few things on your own to contribute without being told. Don't leave too early. And do it again tomorrow.

I am not saying don't have fun and enjoy yourself and your co-workers at work. Just have in your mind a clearly established line that you won't cross and don't cross it. And - in a clear cut way - don't allow others in your circle to do something that would embarrass all of us, active and retired.

But, if you do cross that line, don't blame others. You knew better. There are some great opportunities available in the fast food industry.