A hearing examiner has determined that veteran police officer Mickey Sterling, who was fired almost two years ago, can return to his job.

“We are grateful that the arbitrator reinstated Mickey Sterling. The arbitrator did not find that Mickey was untruthful, or that he committed any alleged double dipping or that he was involved in any alleged corruption. The arbitrator issued the suspension for alleged insubordination,” Bob Thomas, attorney for Sterling, said. Thomas said denial of back pay will be appealed.

Bettye Lynn, the attorney hired by the city of Port Arthur, declined comment about the Sterling decision at this time, she said.

Port Arthur Interim City Manager Harvey Robinson likewise declined comment, saying the city is in the process of reviewing the documents.

How it began

Sterling was one of five officers placed on administrative leave in June after Det. Elie Van Horn, citing the Texas Whistleblower Act, filed an affidavit against them. Van Horn’s allegations ranged from obstruction or retaliation and misuse of official information to official oppression. Sterling was fired in June 2017. Of those officers, some resigned or retired, one was exonerated and brought back on the force and another was exonerated and went to work at another police department.

The arbitration

Sterling spent 11 days spread out over about year-and-a-half in arbitration. The two attorneys in the case — Bob Thomas and Bettye Lynn, bumped heads time and time again under the watchful eye of arbitrator Don B. Hays. The hearings were held in a cramped room on the fifth floor of Port Arthur City Hall and saw a litany of witnesses from law enforcement officers and a widow who alleged Sterling and his former partner were corrupt to a phone interview with a psychic and interviews with city officials and the now former chief of police Patrick Melvin.

The findings

The arbitrator, in the reinstatement document, said the city had just cause to initially suspend Sterling but not terminate him.

Hays said the termination was disproportional punishment for an otherwise long term and “presumably” salvageable employee like Mickey Sterling.

Before he can return

Before Sterling can return to PAPD he must get a physical examination that shows he is medically cleared to return, demonstrate his ability to safely and competently resume all of the responsibilities of his former position and take part in any reasonable amount of requalification and/or retraining required by the city or state.