Arlington is seeking to block an independent arbitrator's decision to reinstate -- with back pay -- a former police officer who was fired last year following his arrest on sexual assault charges.
Officer Tibor Kovacs, already on suspension in connection with an assault on an Arlington woman while on duty, was arrested after an attack on his girlfriend in Cedar Hill and was subsequently held in the Dallas County Jail for three months until a grand jury declined to indict him.Arbitrator Frederick Ahrens ruled in June that while the city proved Kovacs violated operational guidelines worthy of a 20-day suspension, it did not establish that Kovacs assaulted either woman and that his termination was not justified. He said Kovacs was due back pay except for the 20 days.In a lawsuit filed in Tarrant County civil court late last month, the city is seeking to overturn Ahrens's ruling to reinstate Kovacs. Failing that, if the city if forced to rehire the officer, it doesn't want to give him salary for the three months he was held in the Dallas County Jail."We just don't believe we have to pay him for sitting in jail," Assistant City Attorney Melinda Barlow said.Kovacs' attorney John Haring could not be reached for comment.Troubled employmentKovacs' tenure on the Arlington police force has been troubled.Before the sexual assault charges that lead to his dismissal, Kovacs had been placed on administrative leave following allegations that he sexually assaulted a woman he had encountered during a traffic stop in October 2010, records show.Kovacs stopped the woman -- who said she was returning from a strip club where she had previously worked and was seeking re-employment -- when he saw her driving her car erratically, documents indicate. The woman admitted she was feeling tipsy. He allegedly assaulted her while giving her a ride home in the front seat of his squad car. He was placed on administrative leave in November while internal affairs investigated.Kovacs denied assaulting the woman, but admitted that he violated departmental procedure by allowing her to ride in the front seat of the car, records show.Then, in December 2010, a warrant was issued for his arrest on domestic violence charges after he was accused of putting a pillow over his girlfriend's head while she slept. Less than a month later, in January 2011, his girlfriend told Cedar Hill police that Kovacs sexually assaulted her and that he had threatened violence against the Arlington and Cedar Hill officers who were investigating the allegations against him.He was booked in to the Dallas County Jail and remained there until March 2011, when he was no-billed by a grand jury.In the meantime, Kovacs -- who had previous disciplinary cases -- was dismissed from the Arlington police force on Jan. 21, 2011.After an interdepartmental appeal, Arlington Police Chief Theron Bowman upheld his firing in June 2011. Kovacs appealed his firing, which led to an arbitration hearing in May, which led to Ahrens ordering his reinstatement in June.Regarding the October 2011 incident involving the Arlington woman -- who withdrew her complaint in April 2011 -- Ahrens found that Kovacs erred in how he handled that case but that the city "did not establish by a preponderance of evidence" that he sexually assaulted her.When considering the allegations by Kovacs' girlfriend, Ahrens questioned her credibility and noted that he eventually was not indicted by the grand jury on charges of family violence, attempted sexual assault and retaliation.The city's challengeIn its challenge to Ahrens' ruling, the city contends the arbitrator "exceeded the scope of his authority" by relying on evidence that was not available to them at the time he was disciplined.To allow the arbitrator to consider evidence that became available post termination is not only inappropriate, the lawsuit states, but also violates fundamental fairness in that Arlington cannot rely on additional evidence that changes the situation after the termination to bolster its charge.Absent vacating the dismissal of termination, the city is asking the court to modify Ahrens' ruling in two other ways.The city does not believe it should have to pay Kovacs the salary he would have earned while he was in jail and unable to work.And, if Arlington does have to reinstate Kovacs, it believes that he should be required to meet several qualifications established by the Texas Commission on Law Enforcement Officers Standards and Enforcement for peace officers who have experienced more than 180 days break in service, including that he undergo a new criminal history check, a declaration of psychological and emotional health and weapons qualification.Kovacs' attorneys contend that he does not have to do so since his disciplinary period has been reduced to 20 days.Elizabeth Campbell, 817-390-7696Twitter: @fwstliz
Read the arbitrator's ruling in the Kovacs case (NOTE: GRAPHIC CONTENT) (.pdf)
Read the City of Arlington's appeal of the ruling in the Kovacs case (NOTE: GRAPHIC CONTENT) (.pdf)
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