Just hours after he submitted to a new drug test Monday morning, San Benito's embattled assistant police chief addressed staff at the police department.
A source at the afternoon-called meeting said a teary-eyed Arnold Garcia "apologized" for his actions that he called "reckless" and "inexcusable".
He also said it was "not ok" to violate city policy and that he wants to work to "regain trust," according to our police department inside source.
Garcia faced unprecedented action by city leaders after returning to work from a 3-day suspension.
City Manager Manuel Lara said Garcia was forced to complete a physical and had to provide a urine and hair sample, which can show drugs in a person's system over a 90-day period.
Lahoma Pederson, who's a certified hair follicle tester with All Valley Drug Screen in Brownsville, described why the drug test is used by employers.
"Everything and anything the person has taken will show up in a hair follicle test," Pederson explained. "Cocaine, marijuana, P.C.P., any codeine, cough syrup, anything."
Rank and file officers have called Garcia's suspension without pay, "preferential treatment".
The punishment reportedly cost the assistant chief about $500 dollars of his $63,000 yearly salary, according to figures released by the city secretary’s office.
Officers who contacted ACTION 4 NEWS said the violation should have cost Garcia his job.
Drug & Alcohol policy in San Benito reads under the consequences section how "refusal to submit to screen testing is cause for discharge."
Pederson said applicants who she tested that aren't able to provide a 4 to 5 millimeter urine specimen within three hours, need to seek medical attention or it's considered a drug test refusal.
"It says their sample is not clean... they have some sort of substance in the sample... it's suspicious... yup," she said.
Drug testing results will take 36 to 72 hours.
In the meantime, Lara said he’s reviewing the way his department head handled the situation.
He said Chief George Gomez waited 36 hours before taking action against his second in command when he should have taken immediate corrective action.
Lara said it could have avoided the public backlash ever since.
He claims he wasn’t even notified about the incident for nearly a day and a half.
The city's attorney, Jan Cassidy, denied our request for an interview Monday, referring us instead to last week's statement she issued.
We’ve posted another copy of what she said in a prepared written statement below:
“Every day the City of San Benito, as an employer, handles personnel issues.
The issue regarding Assistant Chief Garcia is a personnel matter and, as such, it must be kept confidential.
Today I had the opportunity to meet with the Police Chief and I am satisfied that he has handled this personnel issue in a manner consistent with other personnel actions he has taken.
Despite rumors to the contrary, this employee was not given preferential or special treatment.
Upon investigation it appears that Assistant Chief Garcia did not decline to participate in the drug testing and was unable to complete the process before the persons performing the testing left the premises.
He will be required to undergo drug testing before he returns to work following a three (3) day suspension without pay.”
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