EPPD Lt. Nazik Elomari

If you believe a Police Officer should not return to work until their criminal case works its way through the court system, reach out to El Paso Police Chief Peter Pacillas. His contact information is below:

[email protected]

Or call 915-212-4302

Not long ago, I broke the story of Lt. Nazik Elomari. In this case, Elomari was arrested for driving while drunk. Not only was he allegedly drunk, he also crashed into cars, attempted to flee the scene, and then tried to bribe someone to the tune of $10,000 to $20,000.

The El Paso Police Department motto is "Be the Change." The change seems to be that if you are arrested, booked, and then bond out, you will be allowed to go back to work.

Lt. Nazik Elomari is returning to Mission Valley and moving to days.

John Chavez, a former Officer with the El Paso Police Department, was terminated after two DWI arrests and one for theft. In the latter case, Chavez refused to pay a contractor.

Sgt. Ron Martin was arrested for theft, or he should have been embarrassed. Martin was using money from the El Paso Municipal Police Officers' Association for his own gain. When caught, he was arrested, booked, and bonded out. Because he promised to pay back the money, charges were dropped, and he was able to keep his job.

Lt. John Surface and Sgt. Adan Chavez was arrested for official oppression. Female Officers filed charges stating that they were both using their job and badge to gain sexual favors from female Officers. Charges against both were declined by the District Attorney's Office, and both were still terminated.

The Department, under Chief Peter Pacillas, has a bipolar relationship with the Department's Policy and Procedures Manual. The latest change came today:

The full text of this policy will be at the end of the article. In short, this new policy allows people like Lt. Nazik Elomari to return to work in uniform, with a sidearm, and act as police officers. Sure, they will have to call Internal Affairs twice a day, but they are still out there interacting with the general public.

This is unjust. It is an example of Pacillas' policies, where he picks and chooses what he's going to do. Forget the fact that Elomari is facing criminal charges. Forget the fact that everyone knows about his DUI/DWI, his attempted bribes, and his attempt to flee the scene. Let's put that aside for a moment. We are allowing someone, even though he is innocent until proven guilty, to work cases until the Justice system determines his final outcome.

Should an Officer out on bond still work as an active Officer?

Whether a police officer out on bond should continue to work as an active officer is a complex issue with no simple answer. It depends on various factors, including the specific charges against the Officer, department policies, and the Officer's ability to perform their duties effectively and safely. 

One of those issues, departmental policies, is fluid.

The old policy stated that you would be on paid administrative leave if an officer was arrested. You would also lose your badge, ID, and sidearm. While on administrative leave, you must call Internal Affairs twice daily. If you miss calling in, you don't get paid.

At the end of this article, the new policy indicates they will report for duty.

You can read the full El Paso Police Department Policy and Procedure Manual here.

Here's my problem with this. Lt. Nazik Elomari decided to drive drunk. An officer should know better. He was arrested well after midnight, and claimed to only have had three drinks hours earlier. While being an irresponsible off-duty Officer, he not only drove drunk but also crashed his car. He tried to flee the scene and attempted to bribe others. The El Paso Police Department is going to allegedly allow this man back on duty, with access to NCIC and TCIC, with the full ability to search out those individuals he crashed into and attempted to bribe.

Again, for those in the back, we are going to allow an Officer out on bond access to every department tool that would allow him to search for and intimidate witnesses.

As I said, whether a police officer out on bond should continue to work as an active officer is a complex issue with no simple answer. Still, let's look at two more parts to this issue.

Impact on public perception: The Officer's continued active duty status while facing charges could erode public confidence in the El Paso Police Department. Looking at any of EPPD's social media accounts, public perception has been eroding for quite some time.

Risk of harm or disruption: Could Elomari's alleged actions threaten public safety or disrupt police operations? Yes, I believe so. By returning to duty after his arrest, he will now have the sense that he is above the law.

Sadly, as anyone in El Paso can tell you, charges are just not accepted nine times out of ten, and the Officer walks free. Why are we not holding officers who commit crimes accountable?

Remember, Isaac Menchaca was found not guilty of driving drunk and hitting two parked vehicles before fleeing the scene. He ran, and two fellow officers covered it up. Arrests were made, Officers bonded out, and somehow, with all the evidence against them, they were found not guilty.

I'm starting to agree with NWA.

Policy Updated:

902 DISCIPLINE PROCEDURES

• Letter F. Employees Under Administrative Leave With Pay. Employees placed on administrative leave with pay will be assigned to day shift and will report by telephone to the Internal Affairs Division at least twice during their shift. Employees will not be assigned to any particular location. Employees will not be required to remain at their homes while on administrative leave, but will be available to report to work, in uniform if applicable, on one hour's notice. Assistant chiefs or above will determine and advise the affected employee, if police action is suspended. This determination is made on a case-by-case basis. Employees initially placed on administrative leave may be placed on their own leave or Administrative Duty as further details of the case are obtained.

902.1 DISCIPLINARY PROCESS

• Letter A. Executing Disciplinary Actions. All disciplinary actions taken under the section are subject to, and shall be consistent with, applicable state and federal law, local ordinances, administrative rulings, Civil Service Rules, and collective bargaining agreements.

902.3 COMPLAINTS RESULTING IN A SUSPENSION, DEMOTION IN RANK/PAY GRADE, OR TERMINATION

• Letter B. *While the case is being investigated, the accused employee may be placed on Administrative Leave or Administrative Duty. The Chief of Police will make a decision recommendation using the factors in G5. Should an employee be placed on Administrative Duty, the employee may be given duties outside their normal scope of work, assignment or chain of command. If at any time, the investigation reveals or additional information is obtained that change the circumstances or factors of the case, the Chief of Police may revisit the original placement.

• Letter C. If the employee agrees that the allegations are true and that the discipline is appropriate, the case is resolved without conducting a formal administrative investigation. The request will be considered after an assessment of factors in G5.

• Letter G.

◦ #3 : Any case involving Criminal allegations are subject to the review of the Discipline Review Board, at the discretion of the Chief of Police. Administrative cases will be investigated upon receipt of the allegations and are not dependent on the Criminal investigation.

◦ #5 : Several critical factors are considered in administrative cases and determining appropriate levels of discipline to include, but not limited to: predominance of risk-inclined behavior, concerns of integrity/dishonesty, ability to perform the essential functions of the job, nature of the allegation, egregious or pervasive past behavior, totality of circumstances.

• Letter I. Regardless of final disposition, in cases where employee behavior shows pervasive or egregious risk inclined behavior, the employee may be recommended for monitoring (i.e. body worn camera audits, Channel One audits), or additional training, intended to curtail behavior issues.

*Any department employee currently on Administrative Leave or Administrative Duty is subject to this policy upon its effective date.