An attorney who represents former Arlington police officer Tibor Kovacs is accusing city officials of "breaking their own rules" by appealing an arbitrator's decision to reinstate his client with back pay -- including the time he spent in jail on sexual assault charges.
Kovacs was fired in January 2011 after he was arrested on domestic violence and sexual assault charges in Dallas County. At the time he was already on suspension on allegations of sexually assaulting an Arlington woman.A Dallas County grand jury declined to indict Kovacs and the Arlington woman who accused the officer of molesting her dropped her complaint. An independent arbitrator ruled in June that Kovacs should be reinstated and paid for most of the time he was not on the force.John Haring, the Dallas attorney representing Kovacs, said both sides agreed on the selection of the arbitrator who conducted the hearing in May and to stand by his decision."The arbitration is final and binding. They've [Arlington] chosen not to abide by their own rules," Haring said.Pamela Johnson, an assistant city attorney, said Arlington has a policy that allows the city to "set aside" an arbitrator's decision under specific strict circumstances -- such as when the arbitrator acted outside his authority and violated the law.Arlington's appeal, filed in Tarrant County civil court late last month, states that arbitrator Frederick Ahrens acted outside of his authority and considered evidence that was not available at the time of Kovacs' firing."We are not violating our policy, we are upholding it," Johnson said.Trouble with lawKovacs was fired after he was arrested and jailed in Dallas County on family violence and sexual assault charges involving his girlfriend.His girlfriend told the Cedar Hill police that in December 2010 Kovacs tried to suffocate her with a pillow while she slept, which was followed by a January 2011 incident when he sexually assaulted her. He also threatened the Cedar Hill and Arlington police officers investigating the case.At the time, Kovacs, who had a history of disciplinary problems since joining the Arlington police force in 2004, was on paid administrative leave in connection with an alleged October 2010 assault of a woman he pulled over on a traffic stop after he saw her driving erratically.The woman told police she was returning from a strip club where she previously worked to seek re-employment and admitted she was tipsy. She alleged that Kovacs sexually assaulted her while she was riding in the front seat of his patrol car.Kovacs was released from jail in March 2011, and the Arlington woman dropped her complaint a month later.DNA disputeArbitrator Ahrens in the Dallas County case noted that Kovacs was not indicted by a grand jury and that he doubted the girlfriend's credibility.In the Arlington case, Ahrens wrote that Kovacs erred by allowing the woman to ride in the front seat of his patrol car -- which would earn him a 20-day suspension -- but there was insufficient evidence showing the woman was assaulted. He also wrote that DNA tests on Kovacs were negative as none of his DNA was found on the woman.As a result, Ahrens said Kovacs should receive back pay except for the time he was suspended.The city of Arlington also contends that Ahrens exceeded his authority when considering DNA evidence taken from Kovacs' pen, pad and shirt.In its appeal, Arlington said that if the court reinstates Kovacs, it doesn't want to pay him for the three months that he spent in jail.Since Kovacs hasn't been a peace officer for more than 180 days, the city wants him to complete Texas Commission on Law Enforcement Officers Standards and Education requirements, including a declaration of psychological and emotional health as well as a new criminal history check.Records from the state agency indicate Kovacs has to complete required training from 2009 to 2011 and from 2011 to 2013. Officers must have 40 hours of training per two-year period.Meanwhile, Haring said his clients wants and deserves to have his job back."He was wrongfully terminated," Haring said. "I've spoken to officers who don't have a problem with Mr. Kovacs coming back to work."Elizabeth Campbell,817-390-7696Twitter: @fwstlizHave more to add? News tip? Tell us
