Arnold Garcia has been with the San Benito Police Department for 27-years.
His attorney says he TMs never had any problems.
But over the summer, however, the troubles began.
On Wednesday, the former Assistant Police Chief, who failed to complete a random drug test back in June, was in court fighting for his honor.
Garcia was suspended for three days without pay, punishment the city said for breaking the rules.
His Attorney feels the city has it wrong.
We want to see that our appeal is granted, that the three-day suspension is lifted from his record and he gets his back pay says Garcia TMs attorney.
Garcia and other officers were ordered to take a urine test, but Garcia was unable to complete his, not once, but twice.
His excuses at the hearing:
1. It was too early in the morning to give a urine sample2. The city doesn TMt have proper policies on drug testing:3. And no one told him he couldn TMt leave and come back to complete the test.
But according to the San Benito Human Resources Department, Garcia was well aware he was not permitted to leave, standard procedure at any reputable drug testing agency like NTC Testing Services here in the Valley.
Garcia TMs attorney is also fighting the policy book, which he says doesn TMt indicate random drug testing for employees, only new applicants.
After Garcia was suspended he later took a drug test eight times and passed.