A City of Austin employee has been arrested for carrying cocaine on the clock and police say they found evidence he was selling it at home.
Austin police say John Charles Herrera, 27, has two jobs. One of them is at a City of Austin mail substation and the other, at a Southeast Austin home. Last week police searched it and say they found two ounces of cocaine and tools used to distribute.
"Way more than for personal use and what was more disturbing were the scales and the materials that were also found in the house which of course demonstrates where he's packaging it for sales,” said Commander Chris Noble, Austin Police Department.
Noble says the department received a tip several weeks ago alleging Herrera was selling or using drugs while on the job. Last Thursday, prior to the search of Herrera's home, Noble says officers found proof that one claim was true.
"He had left his building of employment and when he was stopped for a traffic violation, whereupon he was found to be in possession of cocaine,” he said.
Herrera was not in a city vehicle. Noble says there is no evidence to support he was selling cocaine at work. He was arrested and charged with the first degree felony of possession of a controlled substance with intent to deliver. It carries a sentence of five years to life in prison.
This was not Herrera's first arrest for distribution during his employment with the city. Herrera was hired as a messenger/clerk in 2000. Court records show he was arrested in May of 2003 for manufacturing with intent to deliver and given four years probation. He maintained employment during that time and was promoted to a mail services clerk senior in 2004.
The 2003 conviction was not known to the city. However, under Herrera's position, he can be convicted of a felony and maintain employment. He is not required to take a drug test.
Mayor Lee Leffingwell provided this statement regarding the recent arrest to KVUE:
"Obviously we take any criminal allegation against a city employee very seriously. The employee is now on [paid] administrative leave from his job while the Austin Police Department and Human Resources investigates. Upon conclusion of the administrative investigation, the city will take the appropriate action."
Noble praises the person who alerted police to Herrera's drug involvement.
“Being engaged in that activity either in conjunction with his duties or very closely related in time to his duties is disturbing and we cannot tolerate that as an employer,” Noble said.
In October of 2008, the city removed a felony check box on job applications for certain positions. Those working with children or police, for example, are still required to give that information.
