Under deal, fired captain returns to Fort Worth Fire Department

A Fire Department captain fired this summer after he admitted stealing city property to equip his personal firetruck has returned to work at the rank of engineer as part of an agreement reached with the city. Under the agreement, Steven Perez also had his indefinite suspension reduced to 167 days, according to an order filed with the Civil Service Commission. He returned to work Nov. 30.

Perez was fired June 15 after a Fire Department investigation found that he stole equipment including a rotary saw, axes, one or more pike poles, and a nozzle, according to a letter filed with the commission. Perez admitted taking the property for personal use, the letter stated.

Fort Worth police also investigated but did not file a formal criminal case against Perez, a police spokesman said Thursday.

“Information and statements which are acquired during an employment investigation cannot automatically be used in a criminal investigation,” Sgt. Chad Mahaffey said. “In this instance, our major case unit performed a criminal investigation, and ultimately there was insufficient evidence to file formal charges.”

Fire Engineer Timothy Hardeman, a department spokesman, said the burden of proof in an administrative investigation is less than that required in a criminal investigation.

Criminally, “the burden of proof wasn’t there but administratively, it was,” Hardeman said. “That’s why the chief acted as he did in indefinitely suspending Perez at that time.”

Perez appealed his firing on the grounds that the punishment was “overly harsh,” said his attorney, Randal Dean. Dean said he believes that the city “got a good man back on its payroll.”

“Mr. Perez wanted to get his job back because his heart is in the fire service,” Perez said. “That’s what he ultimately wanted.”

False accusation
Perez’s conduct came to light after a rotary saw disappeared. According to the Civil Service documents, Perez told personnel at Station 22 that a lieutenant was responsible for the missing equipment. The lieutenant confronted Perez in front of other personnel, and Perez admitted that he had falsely accused the lieutenant and that he had taken the saw.

The lieutenant filed a complaint, and subsequent investigation found that other property had been stolen.

“One Station 22 crew member stated that he witnessed Captain Perez take items from Station 3, paint the items, and place at least one of the items on his personal firetruck,” the letter signed by Fire Chief Rudy Jackson stated.

Perez also acknowledged that he had made statements regarding taking department property to be used on his personal firetruck, according to the letter.

“Said statements were similar to ‘We need to go gas up at [Station] 3; I need some things for my truck,’?” the letter states.

The theft and Perez’s slander of a fellow fire officer could not be tolerated, the letter states.

“In any occupation these actions would be grounds for termination — but as a Fire Captain in this department with the clear and explicit duty to lead by good example, to model the highest degree of integrity, and to build public confidence as well as trust among his peers, I find Steve Perez’s actions so egregious that I have no alternative but to remove him from the department,” it states.

During the investigation, officials also learned that Perez had on occasion not responded to emergency medical calls with his crew so he could participate in an online school, and he left the station on two occasions to have his personal firetruck inspected, the letter states.

Demoted two levels
The agreement between city administrators and Perez was announced Nov. 23 during what was to be an appeal hearing.

“In the appeal process, the parties have the flexibility to agree with other forms of discipline,” Hardeman said. “In this case, the chief chose to accept Perez’s offer of a demotion from captain to engineer.”

The rank of engineer is two levels below captain, Hardeman said.

“By being demoted to engineer, Perez was taken out of a supervisory position,” he said.

Perez also had to write a letter of apology to the department.

“Given the options, the chief believed the punishment that was agreed to was sufficient,” Hardeman said.

Hardeman said all of the stolen property has been recovered.
By Deanna Boyd in The Fort Worth Star-Telegram