By Kiera Hay
Albuquerque Journal
ALBUQUERQUE — A police captain who until recently was in charge of Santa Fe’s camera enforcement and vehicle forfeiture programs is suing the city for what he says was an unjust demotion that led to his retirement.
Anthony Robbin alleges “there was no legitimate reason” for his demotion in late April to the rank of lieutenant and that the city didn’t follow its own policies in handling the situation. The city “constructively discharged and/or forced (Robbin) to retire ... or face the humiliation and embarrassment of not only being demoted but being charged with being incompetent and having no avenue of appeal,” alleged a lawsuit filed in U.S. District Court on Sept. 30.
Robbin’s demotion and subsequent retirement came soon after Police Chief Ray Rael took over the Santa Fe Police Department in late March.
Rael informed Robbin of his demotion in a letter dated April 26. In it, he cites Robbin’s refusal to follow an order to wear his duty uniform and his failure to adequately provide information on the city’s vehicle forfeiture program to city councilors and the media. Rael said he was “dissatisfied” with Robbin’s performance at a city Public Works
Committee meeting on April 25, when reports “clearly indicate that you were unprepared for the meeting.” Robbin, asked to talk about the city’s vehicle forfeiture program, wasn’t able to definitively give the number and status of vehicles acquired through the program, which targets DWI offenders, nor could he explain the source or methodology of the statistics he did offer, Rael said.
“As the DUI Forfeiture program manager you are clearly responsible for the compilation and accuracy of the information provided,” Rael wrote. “Your failure to provide complete and accurate information on the program brings into question the competence of the Department and undermines the Department’s credibility with the Governing Body and the citizens we serve.”
Rael also said Robbin ignored his order to wear a duty uniform despite warnings from Robbin’s supervisor, Deputy Chief Gillian Alessio. Robbin “instead complained about the orders to coworkers in the Department.”
At the end of the letter, Rael said he was undecided about Robbin’s future job assignments but, in the interim, Robbin was to train other police department employees to work on the city’s camera enforcement and vehicle forfeiture programs.
Rael made Robbin’s working conditions “so intolerable that he was forced to involuntarily resign” by informing Robbin “his career had reached a permanent plateau” and he would not be receiving any additional merit pay raises, training or promotions, according to the lawsuit.
Robbin joined the police force as an officer in 1991 and was promoted to captain in 2008. Prior to his retirement, he ran the department’s programs in camera enforcement and vehicle forfeiture, under which DWI offenders’ cars are impounded and possibly turned over to the city.
But Robbin’s suit alleges that when Robbin received his promotion, then-City Manager Galen Buller coerced him into “signing a memorandum that materially changed the terms and conditions of the offer (of promotion) which (Robbin) had already accepted through both his performance and written acceptance.”
The 2008 memo from Buller, signed by Robbin and dated the day of his formal promotion, clarifies that Robbin is an exempt employee serving “at the pleasure of the Chief of Police.”
The memo also said that Robbin could be demoted from captain “at any time for any reason” and was not entitled to an appeal. In the event of a demotion, Robbin would return to being a lieutenant and his salary would be reduced. Robbin’s lawsuit also alleges that Robbin’s decision to retire was accelerated because Rael shared “confidential disciplinary information” with a city human resources employee.
The same day Robbin received Rael’s demotion letter, human resources administ rator Nancy Ji menez emailed Robbin with information about how his demotion and the accompanying pay reduction would affect his retirement check, according to evidence submitted by Robbin. Though Jimenez appears to be responding to an inquiry, it’s unclear who requested the information.
The lawsuit names Rael, Buller, City Manager Robert Romero, former Human Resources Director Christine Kubeli and Jimenez as defendants.
Copyright 2011 Albuquerque Journal