Fired Metro Police officer returns to work

Keith Paul

Friday, Feb. 22, 2002 | 9:43 a.m.

The first Metro Police officer fired under the department's truthfulness policy returned to work this week as part of a deal that also protects the department from a potential lawsuit.

Officer Frank Hernandez returned to duty Saturday and was assigned to the McCarran International Airport unit. He was fired in June after police officials claimed he lied during an internal investigation in connection with a minor off-duty traffic accident.

Hernandez claimed he was treated unfairly because another officer -- Sgt. Gayland Hammack -- was found to have violated the truthfulness policy months before and received a 40-hour suspension. Hammack was suspended for an additional 40 hours on the same matter for violating a separate policy.

"The cases happened so close to each other we equalized the discipline," Undersheriff Richard Winget said.

Winget would not say that the decision to fire Hernandez was incorrect.

However, Police Protective Association Executive Director Dave Kallas said the truthfulness policy should have never been applied in the Hernandez case.

"In Frank's situation it wasn't a matter of untruthfulness as much as perception," he said. "Did he remember what was said? Did he remember what he said (at the incident)? That's perception, not truthfulness."

Hernandez in November 2000 was involved in a minor traffic accident on the Strip, and he and the driver got into a disagreement over who was responsible. Both men raised their voices, and Hernandez left the scene because he knew no citations would be issued, Hernandez's attorney Kathy Werner said after Hernandez was fired in June.

Werner said she could not comment on the settlement.

Winget at the time of the firing said Hernandez made some untrue statements during the internal investigation, which was initiated after the other driver complained to the department regarding the accident. Apparently, a passenger called 911 and the argument between Hernandez and the driver was recorded.

Hernandez, whose record will include a sustained finding of the internal investigation, was suspended for 40 hours. He will receive back pay from the time he was fired, Winget said.

Hernandez was a detective in the narcotics unit before he was fired, and Winget said his being sent to the airport unit did not amount to punishment.

Kallas concurred.

"The airport is very important, especially with homeland security issues," Kallas said. "It in no way is punishment. There are many excellent officers who requested to work at the airport."

However, Winget said defense attorneys likely would call his testimony in court into question, citing the sustained finding on the department's truthfulness policy.

"He is going to have to rebuild his credibility, but he'll have time to do that," Winget said.

The finding against Hernandez may hurt him in the short-term but will not prevent him from moving to different assignments or promotions over the length of his career, Kallas said.

Sheriff Jerry Keller enacted the truthfulness policy in January 2001. The policy states that officers and employees who aren't truthful during department investigations are subject to termination.

"Truthfulness is very important to maintain credibility, and when someone has the power and authority to arrest they should speak nothing but the truth," Winget said.

The only other officer fired under Metro's truthfulness policy was Officer Glenn Dillard, who was accused of lying during an internal investigation as a result of failing to appear in court when subpoenaed. He was fired in September.