Police chief under investigation an ‘at-will’ Fresno employee, can get fired anytime

Fresno Police Chief Juan F. “Paco” Balderrama remains on the job while the city investigates allegations of an “inappropriate off-duty relationship” with someone who is not an employee of the police department or the city of Fresno.

Unlike the police officers and command team under his supervision, Balderrama is not covered by a union collective-bargaining agreement or contract. Instead, the chief is an “at-will” employee who answers directly to City Manager Georgeanne White and Mayor Jerry Dyer, not to the seven-member Fresno City Council.

That status means Balderrama, who became chief in January 2021, can be fired “at any time, with or without cause, …” according to his employment agreement with the city.

On Friday, following an event announcing new flights at Fresno Yosemite International Airport, Dyer declined to address questions about the Balderrama investigation. But he acknowledged to The Bee that the police chief, like all of the city’s department heads, is an at-will employee.

Neither Balderrama nor the other department heads, directors or chiefs have long-term contracts. “They have employment agreements, and those are up to six months,” Dyer said. “Anything longer than that has to go to the City Council for approval.”

A city of Fresno press statement issued Thursday by White and Dyer said they “were informed by Police Chief Paco Balderrama that an allegation would likely be made against him related to an inappropriate off-duty relationship with a non-city employee.”

That revelation in February triggered an administrative investigation “to determine if the police chief violated department policy.” That investigation is in the review process, the city’s statement said.

The Dyer/White statement did not address the nature of the “inappropriate off-duty relationship” by the 47-year-old Balderrama, who is married and a father of three. Nor did the statement indicate the identify of the other party or parties involved in the relationship.

Fresno City Council members were notified of the police chief’s situation during a budget hearing Thursday, when White handed each of them a copy of the press statement moments before it was released to the media.

A day earlier during a budget presentation, before the investigation came to light, Balderrama talked about the at-will nature of his tenure as police chief.

“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?’“ he said Wednesday. “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 agreement calls for a severance payout equal to six months of his base pay, 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 “in the event employee is terminated because of serious misconduct or malfeasance, which the (city) manager determines is related to the effective performance of employee’s official duties. …”

Balderrama had been expected to be at a ceremony to raise the LGBTQ+ Pride flag at City Hall on Friday, but did not attend.

FPD’s conduct policies

The Fresno Police Department policy manual is a 734-page document detailing a wide 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 types of behavior that could result in discipline.

Policy 341 on Performance Standards reads, in part, that “members of this department are entrusted by the public to perform their duties with the highest degree of integrity. We are held to this high standard in both 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.”

Praise for Balderrama’s efforts

The investigation into Balderrama’s actions follows a history of praise that he has received, for his work in 22 years with the Oklahoma City Police Department and since arriving in Fresno in early 2021.

One of his Oklahoma City colleagues and friends, police Capt. Jermaine Johnson, told The Bee in 2021 that he was surprised and upset that Balderrama took the job in Fresno.

“He’s so popular in this town,” Johnson said. “To lose him, especially in what’s going on in today’s time — everybody’s replaceable, but some people will be missed. He will 100% be missed.”

“You guys are getting someone that seems too good to be true,” Johnson added.

During his tenure in Oklahoma, Balderrama received numerous awards for his police work, including rookie of the year and the Chamber of Commerce’s Outstanding Community Leader award.

When he was introduced as the new chief in December 2020 by then-Mayor Lee Brand and Mayor-elect Jerry Dyer, Balderamma noted the responsibility of becoming the first person of Hispanic ancestry to lead the Fresno Police Department.

“I don’t want to downplay it. It is a big deal,” he said. “It is a great honor. It is a great responsibility. My last name is not my last name. It’s one that I borrowed from my mom. My job is to keep that name untarnished and to give it honor.”

“I compare that to also being Latino. I am who I am, but I also represent, not just my family, I represent the Hispanic community,” he added. “That’s something I take very seriously.”

Then-Councilmember Esmeralda Soria, now in the state Assembly, described Balderrama’s hiring at that time as “historic” for Fresno.

“This is big for our brown and Black community because for the first time we will see someone who not just looks like us, that speaks like us and has a similar story,” she said. “Comes from a single mom, first-generation, worked really hard to get where he is.”

And in city budget hearings earlier this week – before the investigation came to light – Balderrama was praised for the reductions in violent crimes that have happened in Fresno over the past several years.

“I appreciate you, Chief. I think in the 3 1/2 years you’ve been here you’ve become a known force in the city of Fresno,” said Councilmember Tyler Maxwell, who represents east-central Fresno.

Councilmember Mike Karbassi also noted the “consistent” crime reductions and told Balderrama that “you are a big part of that. Not just you, but all of your rank-and-file members. This is the difference you’re making in this town.”

Luis Chavez, the council member representing southeast Fresno, said the change in leadership in the department is evident in the community. “The interactions I’ve seen now from our officers with our residents has been amazing,” Chavez said. “It feels like the police department is more a part of our community now.”

For his part, Balderrama deflected the praise. “I know I’m the one standing up here and getting the credit, but I can tell you my command staff is second to none,” he told the City Council on Wednesday. “The men and women behind me make my job a lot easier.”