Law Review

Part of Highway 290 dedicated to fallen Austin Police Lt. Clay Crabb

From KVUE News:

Lt. Clay Crabb

Lt. Clay Crabb

A portion of Highway 290 West is now officially called the Lt. Clay Crabb Memorial Highway in honor of a fallen Austin police officer.

Crabb died on Oct. 16, 2013 when his car hydroplaned into oncoming traffic and was struck by a large truck. He was checking on low water crossings for flooding on that rainy day.

Anne Crabb said that morning started off like any other day. Clay was getting his uniform on for work while she was making lunches for the kids.

For the full report, click here.

Posted by April 25, 2016

CLEAT’s Morris Munoz saves job of San Antonio officer

Rogelio Hernandez  with Morris Munoz.

Rogelio Hernandez with Morris Munoz.

CLEAT Staff Attorney Morris Munoz successfully represented San Antonio Police officer Rogelio Hernandez, who was facing indefinite suspension.

Hernandez, a member of both the San Antonio Police Officers Association and CLEAT, was accused of insubordination for breaking the chain of command and for untruthfulness when he spoke to a supervisor.

Munoz also assisted Hernandez at his Internal Affairs investigation.  The IA case went to the Chief’s Advisory Action Board, which consists of seven sworn personnel and seven citizens.  Read More »

Posted by April 20, 2016

Webb County Deputy Constable Garay happy he’s a CLEAT member

Deputy Constable Oscar Garay with Bob Leonard.

Deputy Constable Oscar Garay with Bob Leonard.

As soon as he received his termination notice, Webb County Deputy Constable Oscar Garay knew exactly what he needed to do next.

Garay immediately contacted Bob Leonard, CLEAT’s Assistant General Counsel. Leonard filed an appeal on the deputy’s behalf.

A hearing was held before the Webb County Civil Service Commission and following the presentation of the evidence, the three members of the Commission voted unanimously to overturn the termination and instead issued a 30-day suspension. Read More »

Posted by April 20, 2016

Harris County Sheriff Deputy Fernando Delgado reinstated

Fernando Delgado and Bob Thomas

Fernando Delgado and Bob Thomas

CLEAT Staff Attorney Bob Thomas has won reinstatement for a Harris County deputy wrongly terminated last year after an internal affairs investigation.

The reinstatement of Deputy Fernando Delgado came during a contested Civil Service Commission appeal hearing on March 8. The county attorney’s office had presented about half of its case when the commission decided to go into executive session.

Commissioners returned from the closed-door session expecting to hear more testimony, but instead the county decided to settle the matter and return Deputy Delgado to work. Read More »

Posted by March 9, 2016

Huge victory in Midland


CLEAT Staff Attorney Terry Boone has been working on the hours worked and overtime issue that the officers were subjected to by the City of Midland. Yesterday afternoon Terry Boone received a call from the City of Midland. City Attorney John Ohenmilier stated that the City of Midland will be paying officers who meet at least the minimum requirements as established in the Fair Labor Standard Act and the better benefit contained in Texas Local Government Code 142.0015.

Officers will be receiving retroactive pay since the change occurred in computing overtime from 86 hours to the previous 80 hours for a two week work period. Read More »

Posted by February 26, 2016

CLEAT gets unjust suspension overturned for Harris County officer

Travis Lutze and Bob Thomas

Travis Lutze and Bob Thomas

In early January, CLEAT was successful in representing Harris County Detention Officer Travis Lutze  in an appeal of a five-day suspension without pay.

After a Sheriff’s appeal hearing, the five-day suspension was reduced to a non-disciplinary letter of reprimand  and the five days’ pay was reimbursed.

CLEAT Staff Attorney Bob Thomas represented Officer Lutze.

Posted by January 25, 2016

Three more legal victories for CLEAT in Harris County

Thomas in Harris

Pictured left to right; Detention Officer John Carter, CLEAT Attorney Bob Thomas, Detention Sgt. Joe Carpenter and Detention Officer Patricia Jordan.

In three separate hearings, CLEAT was successful in representing the three officers in appeals of three-day suspensions.

One of the suspensions was expunged; one was reduced to counselling and the third suspension was reduced to a one day suspension. Further, each of the officer’s disciplinary probation was reduced to previous time served.

Pictured above from left to right; Detention Officer John Carter, CLEAT Attorney Bob Thomas, Detention Sgt. Joe Carpenter and Detention Officer Patricia Jordan.

Posted by December 23, 2015

Judge sides with CLEAT, SAPOA and against city in major court battle

CLEAT and the San Antonio police union won a major victory Dec. 7 when the judge in the city of San Antonio’s lawsuit against police ruled that the evergreen clause that is keeping everyday officers paid and covered by health insurance is fully legal.

The ruling by visiting Judge Martha Tanner validates the argument CLEAT and its legal team has been making for more than a year that the city must quit its posturing and bargain in good faith with the officers who protect and serve Texas’ second largest city. CLEAT is committed to winning this fight no matter the cost. San Antonio taxpayers have already paid out more than $2 million in fees to its lawyers on this ill-advised battle.

“We are looking forward to completing an agreement that benefits the citizens of San Antonio as well as the hard-working men and women of the San Antonio Police Department,” said CLEAT Executive Director Charley Wilkison.

Posted by December 7, 2015

‘I’m so impressed with CLEAT — it’s almost indescribable’

Sarah Petersen and Nadia Stewart

Sarah Petersen and Nadia Stewart

Sarah Petersen, a police officer from the small Burnet County town of Cottonwood Shores, was at recent CLEAT-sponsored training event when she struck up a conversation with Training Coordinator Chris Jones about a workplace issue she was having.

Jones advised her to contact CLEAT Staff Attorney Nadia Stewart, who was on her first day back at the office after maternity leave. And she was quick to give the officer, and CLEAT member, the help she needed.

“Nadia is fantastic. I’m so impressed with CLEAT — it’s almost indescribable,” Officer Petersen said in a message to CLEAT.” Very few times in my life I have ever felt protected or secure. But CLEAT’s response to me has been honestly more than I could imagine. Read More »

Posted by November 23, 2015

CLEAT gets termination overturned for Port Arthur officer

Officer Ben Shirley and Attorney Bob Thomas

Officer Ben Shirley and Attorney Bob Thomas

CLEAT Staff Attorney Bob Thomas has won reinstatement through arbitration for Port Arthur Officer Ben Shirley.

“The arbitrator reinstated Ben and reduced the suspension to a 15-calendar-day suspension; which is what we pleaded for in the pleadings, the hearing and post-hearing brief,” Thomas said.

Officer Shirley was terminated for an issue pursuant to the Brady/Morton act, Thomas said.

This is the third successful reversal of a termination in which Thomas has represented a Port Arthur Police Officer in the last two years. He has won approximately $250,000 in back pay and benefits for these three officers.

Posted by November 11, 2015