Civil Service Commission sustains three‑day suspension for El Paso animal control officer

The El Paso Civil Service Commission voted unanimously to sustain a three‑day suspension for animal control officer Brian Dominguez after finding he failed to complete required vaccination/microchip/registration (VMR/BMR) documentation following a bite investigation, the commission said.

Hearing Officer Patricia Palafox concluded in her recommendation that "the key is that BMR documentation ... was not done in this" case, and she found by a preponderance of the evidence that required documentation was missing. Assistant City Attorney Matt Marquez told commissioners Dominguez had an extensive binder of exhibits and witnesses during the original hearing and that the supplemental materials he filed after the recommendation were available earlier and addressed issues already considered by the hearing officer. "We would ask that you make a determination on that recommendation as it stands now," Marquez said.

The commission first considered whether to admit new evidence that Dominguez filed after the hearing officer signed her recommendation. Commissioners debated the commission's timeliness rule and whether the new items were previously available or merely redundant with exhibits already in the record; legal staff noted the commission's rules set a submission deadline and require that evidence not have been available at the time of the hearing to be admitted. The panel voted to decline consideration of the supplemental brief and materials.

Dominguez told the commission he submitted the materials after reading the hearing officer's recommendation and the civil service appeal instructions. "I took that decision based on what was told to me through my senior," he said, describing that he followed his senior officer's direction at the scene. Dominguez said the pet owner refused interior access and that officers saw different dog counts at different times, which influenced how much he could document on the call.

Interim Animal Services director Michael Wachsman and Department staff told commissioners that the VMR checks are intended to determine rabies risk and that the city's disciplinary matrix lists a presumptive three‑day suspension for this level of inefficient performance; the city said that previous counseling and the matrix supported the recommended penalty.

After questioning witnesses and weighing the hearing officer's written recommendation, the commission voted to sustain the three‑day suspension. The chair closed the session after a final motion to adjourn.

The commission record shows the hearing officer's recommendation, the supplemental brief and the city's response are part of the administrative record; commissioners were advised that rejecting the hearing officer's recommendation entirely could require the commission to rehear the entire case de novo.

The commission did not announce further administrative remedies during the meeting and adjourned following the vote.