Copyright © 1999, The Austin American-Statesman

Leah Quin, 11-13-1999.

Indicted officer reinstated, then suspended: Judge says termination wasn't filed on time; Ramirez put on leave until criminal case ends

A Travis County judge on Friday ordered a dismissed Austin police officer reinstated to the force, even though the officer is under indictment for allegedly manhandling and sexually harassing a woman while on duty. However, Officer Samuel Ramirez will remain on unpaid suspension until a pending criminal charge against him runs its course. State District Judge Jeanne Meurer granted Ramirez's request to order Police Chief Stan Knee to rehire him. Ramirez's attorney had argued that the Police Department filed the official termination notice one day too late, a violation of civil service rules. In her decision, handed down late Friday afternoon, Meurer agreed. ``I had to follow the law, because they didn't,'' Meurer said Friday. She declined to comment further. Ramirez, 34, was fired in August after an internal affairs investigation found that he forced a woman to perform oral sex during an on-duty visit to her home on March 13, according to a termination notice from Knee. Although the notice was dated Aug. 11, it wasn' t filed at the civil service commission until Aug. 17 -- one day past the five day deadline, said Tom Stribling, Ramirez's attorney, argued during a Wednesday hearing before Meurer. Assistant City Attorney Robin Sanders countered that the five-day limit begins the day an officer is served with a termination notice -- in this case, also Aug. 17. Women's group leaders said they were dismayed by the decision. ``We must assume that Judge Meurer's hands were tied by the letter of the law,'' Kelly White, executive director of SafePlace, said through a spokeswoman. ``However, we must express our outrage that this man is able to use the rules for which he has already shown so little respect to put him back in a position of power ." On Friday, attorney Sanders said she would meet next week with Knee and other members of the Police Department and the city attorney's office to decide the next step. It is possible that the city will appeal Meurer' s decision, Sanders said. An internal investigation found that Ramirez met the alleged victim while answering a burglar alarm call at her home in Southeast Austin, the termination notice said. He returned a few hours later in a patrol car, wearing his uniform and service revolver. During the alleged assault, the holstered revolver was close to the woman's face, the investigation said. Based on the investigation, Knee found that Ramirez had committed sexual assault, a second-degree felony, the notice said. However, on May 25, a grand jury indicted Ramirez for official oppression, a Class A misdemeanor. The lesser charge angered a group of women who protested outside the Travis County Courthouse this week during a pretrial hearing for Ramirez. Friday night, Sherry Milam of the Women's Action Coalition said she was angry about the judge's decision. ``I understand the law is very cut and dried,'' Milam said. ``But . . . it doesn't make me feel safe." Milam said the coalition, an informal organization of friends, plans a letter- writing campaign to persuade the district attorney's office to re- evaluate the case. Termination notices cannot be filed with the civil service commission unless signed by the officer in question. In a Nov. 5 affidavit provided by the Police Department on Friday night, Detective Gary Fleming said he was unable to find Ramirez to have him sign the notice. He contacted Stribling on Aug. 12, the affidavit said. Stribling escorted Ramirez to the police station on Aug. 17, where heRamirez signed the notice, Fleming said, adding that he filed the notice with the commission two hours later. Stribling could not be reached for comment Friday night.

You may contact Leah Quin at lquin@statesman.com or 445-3621.

Key dates in Ramirez case

March 13: A woman claims officer Samuel Ramirez forced her to perform oral sex while he was on duty. He is later put on restricted duty.

May 25: A grand jury indicts Ramirez on a charge of official oppression. Chief Stan Knee suspends Ramirez without pay.

Aug. 11: In a written notice, Knee fires Ramirez.

Aug. 17: Ramirez, accompanied by his attorney;, Tom Stribling, signs the termination notice, as required by law. The notice is filed with the civil service commission.

Sept. 8: Ramirez sues Knee and the department, saying they didn't meet the five day deadline required between his firing and the filing of the notice.

Nov. 12: Judge Jeanne Maurer orders Knee to reinstate Ramirez. Knee does, and puts him on unpaid suspension.

Copyright © 1999, The Austin American-Statesman

Leah Quin, Indicted officer reinstated, then suspended: Judge says termination wasn't filed on time; Ramirez put on leave until criminal case ends., 11-13-1999.