Delays in witness statements slowed investigation of Fresno police chief’s alleged affair

An investigation into an “inappropriate off-duty relationship” between Fresno Police Chief Paco Balderrama and the wife of a Fresno police officer was kept under wraps for nearly four months as city officials sought to secure statements from witnesses involved, sources inside Fresno City Hall have acknowledged to The Fresno Bee.

Fresno Mayor Jerry Dyer and City Manager Georgeanne White announced on June 6 that Balderrama has been under an administrative investigation since February, when the chief informed them that he might become the target of accusations of an inappropriate relationship. The statement issued by Dyer and White added that Balderrama would remain on duty while the investigation seeks to determine if the chief violated any Fresno Police Department policies.

That changed Wednesday, following revelations that the investigation focused on allegations that Balderrama — a 47-year-old married father of three — was involved in a two-year affair with the wife of an officer under his command. White, citing the intensity of scrutiny on the chief, announced in a memo to the police department staff that Balderrama was placed on paid administrative leave pending the outcome of the investigation.

Deputy Chief Mindy Casto has been put in operational charge of the police department in Balderrama’s absence.

Amid the controversy, one City Council member this week urged that Balderrama be entitled to the same degree of due process that is provided to other police employees who confront allegations of misconduct. Councilmember Miguel Arias also cautioned against the specter of potential discrimination because of the chief’s Mexican-American ancestry.

Dyer and White initially revealed the investigation last week in the wake of a growing number of media inquiries about the rumored affair.

The early stages of the investigation were slowed because of delays in collecting statements from some of the involved parties, sources said. It is not clear when the investigation, led by City Attorney Andrew Janz, may be concluded.

Prospects for Fresno police chief’s future?

Unlike the police officers and command team under his supervision, Balderrama is not covered by a union collective-bargaining agreement or contract. He is an at-will employee who can be fired, with or without cause, by the city manager.

A day before the city publicly acknowledged the investigation, Balderrama — who became Fresno’s police chief in January 2021 following a 22-year career with the Oklahoma City Police Department — spoke at a City Council budget hearing about the challenges of the job and acknowledged his at-will status.

“Serving as chief has been a struggle at times. I’ve had a few nights where I’m like, ‘What the heck did I get myself into?’” Balderrama said at the conclusion of his budget presentation on June 5. “But I can tell you it’s very rewarding to see the success of this police department. And I can’t forget our mayor as well. He told me a while back, ‘I can’t give you a contract, but I give you my word that as long as I’m mayor, you’re my guy.’”

Balderrama’s at-will employment agreement calls for a severance payout equal to six months of his base pay of more than $240,000 per year, plus six months of continued health and welfare benefits, “in the event (the city manager) terminates employee’s employment with the city.”

But the severance provision does not apply if Balderrama is fired “because of serious misconduct or malfeasance, which the (city) manager determines is related to the effective performance of employee’s official duties. …”

The executive board of the Fresno Police Officers Association, the union representing the department’s rank-and-file officers, said in an email to its members last week that Balderrama’s conduct should not be dismissed as a non-violation of policy.

“This is an incredible offense to every sworn member of the agency, who is held to account for policy violations surrounding ‘discretion’ and ‘conduct unbecoming’ every day, both on and off duty,” the email said.

FPOA President Brandon Wiemiller wrote in the email that members up and down the ranks said “they feel betrayed and trust has been lost.”

Fresno Police Department Policy 341 is just one component of the department’s 734-page policy manual that details a range of performance standards and provisions for how officers are to conduct themselves with integrity and not reflect poorly on the department. It also sets forth the kinds of behavior that could result in discipline.

“Members of this department are entrusted by the public to perform their duties with the highest degree of integrity,” FPD Policy 341 on performance standards reads in part. “We are held to this high standard both in our professional and personal lives. This trust empowers us to complete our mission.”

“When this trust is eroded, we are no longer effective as police officers,” Policy 341.2.2 continues. “Members shall demonstrate the highest degree of integrity at all times and avoid any act which bespeaks a lack of integrity or the mere appearance of a lack of integrity.”

One part of the policy forbids “engaging in on-duty sexual relations including, but not limited to sexual intercourse, excessive displays of public affection or other sexual contact” – a clause which does not appear to apply to the alleged off-duty relationship.

Another clause prohibits “on-duty or off-duty conduct which any member knows or reasonably should know is unbecoming a member of the department or which is contrary to good order, efficiency, or morale, or which tends to reflect unfavorably upon the department or its members.”

Earlier this week, Balderrama offered his apologies to his department in a memo. “I humbly come to you and ask for your forgiveness as your leader, who clearly has flaws and imperfections,” Balderrama wrote in the memo he sent late Monday afternoon. “I realize many of you may be upset and disappointed. I understand those feelings and I don’t fault you for it.”

Uneven enforcement of discipline?

The union’s position sparked a reaction Thursday from City Councilmember Miguel Arias, who cautioned against calls for immediate disciplinary action prior to the completion of the investigation.

Arias said that in many instances of alleged misconduct by officers, FPOA “has demanded that we follow the Police Bill of Rights, give officers due process and provide them second and third changes, even when the allegations are sustained.”

“In most of these instances, officers and employees have learned from their mistakes and finished their careers here effectively serving the public,” he said.

Arias added to his knowledge, “no police officer or employee has ever faced disciplinary action or termination for engaging in private extramarital affairs.

“Yet now we hear from the police union demanding action against the chief now, irrespective of due process,…” Arias added during his remarks at Thursday’s City Council meeting. “The union has blocked any disciplinary action against officers for what happens on their own time, including marital conflicts. In other words, FPOA doesn’t want city (human resources) officials in officers’ homes, much less in their bedrooms.”

When Balderrama’s hiring was announced in December 2020, he became the city’s first Latino police chief. In his remarks, Arias also cast the controversy in the context of potential racial discrimination.

Fresno, Arias said, has “a well-documented track record of not taking personnel actions against white executive leaders that engage in extramarital affairs with city employees under their command. …”

Arias did not specify to which executives he was referring.

“If white executive officials and high ranking employees can engage in extramarital affairs with city employees,” he added, “why is it a violation when an executive of color makes the same mistake with non-employees?”

This story was originally published June 13, 2024 at 4:18 PM.

Tim Sheehan

The Fresno Bee

559-441-6319

Lifelong Valley resident Tim Sheehan has worked as a reporter and editor in the region since 1986, and has been with The Fresno Bee since 1998. He is currently The Bee’s data reporter and also covers California’s high-speed rail project and other transportation issues. He grew up in Madera, has a journalism degree from Fresno State and a master’s degree in leadership studies from Fresno Pacific University. Support my work with a digital subscription