SAN BENITO — Three outside law enforcement agencies found no evidence of wrongdoing in Police Chief Michael Galvan’s private recordings that were downloaded from a police department computer system.
Despite no criminal charges, City Manager Manuel De La Rosa is conducting an administrative review of the matter.
Last night, city commissioners took no action after meeting in closed session with City Attorney Ricardo Morado to review the case along with the local police union’s letter of no confidence against Galvan and a “related complaint.”
“The matter of the police department recordings has been reviewed by three separate outside law enforcement agencies, all of which have found no evidence of wrongdoing,” Morado told reporters as he read a press release after the meeting.
But Morado declined to disclose the names of the law enforcement agencies.
“The agencies have not issued a statement clearing him of any charge, nor must they,” Morado said. “It is their prerogative to leave the matter as it is. Only when they find evidence of wrongdoing do they bear the responsibility to pursue charges.”
The city is handling the case as a “personnel matter” while De La Rosa reviews “some letters of concern with allegations against Chief Galvan,” Morado said.
“The city commission has been briefed by the city manager on his investigation into the issues raised, including his meetings and discussions with various law enforcement agencies at the district, state and federal levels of government,” Morado said.
“While Chief Galvan has not been cleared of any wrongdoing, he is in a high-profile position in his role as police chief and he is held to a high standard of ethical and professional conduct,” Morado said. “Any changes in policy or practice resulting from this matter will be determined by the commission.”
The press release states Gomez did not state the outside law enforcement investigation “cleared” Galvan.
In the closed-door meeting, commissioners were expected to discuss with Morado the local police union’s letter of no confidence against Galvan and a “related complaint.”
On May 30, members of the union presented the letter of no confidence to Gomez and the commissioners.
In the letter signed by eight union members, the officers claim Galvan’s leadership and behavior have led to low morale in the 38-member department.
The letter indicates fear of retaliation stopped 12 other officers from signing.
In the letter, union members claim Galvan issued a 2016 directive ordering “no one is to record with their own personal device, and if they are it has to be approved by the chief of administration.”
Meanwhile, Officer Guadalupe Andrade has said her attorney will determine if she will continue to pursue a sexual harassment case based on a conversation between Galvan and former Police Chief Martin Morales.
In a May 31 letter to commissioners, Andrade wrote the recent disclosure of Galvan’s private recordings show former Police Chief Martin Morales agreed to dismiss her sexual harassment case to protect Galvan about two years ago.
Galvan’s recordings apparently reveal an hour-long conversation with Morales in which Morales agrees to “keep it to himself and that no one needs to know” and “this could blow up in our faces and ruin our careers and positions,” according to Andrade’s letter. In the recording, she wrote, Morales tells Galvan, then assistant police chief, that Morales will “help him out.”
In late May, commissioners launched an investigation after Galvan’s recordings were downloaded from the police department’s computer system.
Nearly 500 recordings were apparently downloaded from a public server at the San Benito Public Library and distributed to individuals.
The recordings apparently focus on conversations. Topics include police officer cases and citizen complaints.
Last month, Galvan said police officers privately record conversations to better support their police cases.
In May, Galvan said he suspected a disgruntled police officer downloaded the recordings in an effort to damage his reputation because he implemented changes in line with police standards.
At that time, Galvan said the individual who downloaded the recordings and those in their possession could face felony charges of tampering with evidence.
Galvan said he would open an internal investigation to determine who downloaded the recordings.
Last year, Galvan took over as police chief after serving as assistant chief since 2012.
