A San Antonio police lieutenant with a long history of disciplinary problems — including four firings and 11 suspensions — is in trouble again, accused of making a homophobic remark about Police Chief William McManus.

Lt. Lee Rakun, a 25-year veteran of the force, was indefinitely suspended twice, just days apart in June. Once was for using the derogatory slur on Facebook to describe a pair of shorts McManus was wearing while speaking at a news conference, according to department records. Rakun was suspended again for allegedly leaving his substation before his shift was over in his personal car, not his patrol vehicle, the records show.

Rakun, 49, is appealing both indefinite suspensions, which are tantamount to firings. He told Internal Affairs investigators the remark — describing the shorts as “fagged” — was an honest mistake. He said the social media post contained a typo that he later corrected and deleted. Still, he stood by his criticism of the chief’s attire.

“Well I do believe that it’s inappropriate for our commanding officer and leader of this department, such a major department, to be wearing in public that kind of stuff,” Rakun told Internal Affairs investigators in April. “I do believe that he should set the example and the tone by wearing a complete uniform and looking proper for people.”

McManus, before speaking at a hastily arranged news conference regarding the arrest of a man in the shooting of a 3-year-old, had donned his usual official blue shirt and tie but wore long gym shorts, instead of pants, because he said he had recently undergone knee replacement surgery.

Over Rakun’s career, four police chiefs have suspended him without pay or fired him, for a total of 17 disciplinary actions. Four times, he fought and got his job back. Through appeals, he sometimes won shorter suspensions. Still, he was suspended for about 300 days, records show. He’s an example of how officers are able to reduce their penalties or save their jobs by exercising their rights under union contracts to seek outside arbitration and get chiefs’ decisions overturned.

On June 7, the day Rakun received notification of his first indefinite suspension, his lawyer, Ben Sifuentes, appealed to the San Antonio Fire Fighters’ and Police Officers’ Civil Service Commission denying the charges.

Even if true, Sifuentes said, the alleged offenses, which were first reported by KSAT, do not warrant indefinite suspensions. Rakun is requesting full reinstatement, lost pay and benefits.

In a statement to the San Antonio Express-News, Sifuentes said the police union’s collective bargaining agreement allows lieutenants to drive their personal vehicles if they opt not to have a take-home vehicle. If Rakun was prohibited from using his personal car, his captain should have put a stop to the practice himself, Sifuentes said.

RELATED: San Antonio fire union to sue city over alleged First Amendment violation

The discipline regarding the Facebook post, Sifuentes said, is retaliation because Rakun reported his captain for allegedly “engaging in inappropriate behavior.”

Sifuentes did not respond to questions about Rakun’s history of disciplinary problems.

McManus stood by his decision.

“The decision to indefinitely suspend Lt. Lee Rakun was based on the totality of the multiple rules and regulations he was found to have violated,” McManus said in a statement.

“His behavior is not what is expected of any SAPD officer but especially an officer at the command level,” he added. “His offensive social media post would have been unacceptable no matter who it was directed to.”

New officer

Rakun joined the Police Department in March 1993. Within two years, he received his first suspension.

In November 1994, police records state, then-Police Chief William Gibson issued Rakun a one-day suspension for getting involved in a fight with his in-laws while off duty, requiring other police officers to respond.

Over the next five years, Rakun received three additional suspensions, all for fairly minor infractions that amounted to suspensions of five days or less. Each time, he did not contest the allegations and ended up forfeiting vacation time in lieu of serving the suspension.

On one occasion, he received a notice of merit for helping catch a man accused of robbing a business and two customers. A sergeant wrote that Rakun’s quick response and ability to work with other officers helped apprehend the suspect quickly and without incident.

Now Playing:

But soon, Rakun was in trouble again. In 2005, then-Chief Albert Ortiz suspended Rakun seven times, mostly for derogatory, threatening and profane comments he made in his personal and professional life.

In December 2005, he received his first indefinite suspension after he was arrested by a Kendall County sheriff’s deputy for making obscene comments. The next month, he again received an indefinite suspension for disobeying a no-contact order after being involved in an alleged dating violence incident.

More Information A long record Lt. Lee Rakun has a history of disciplinary problems but denies some of the allegations. 11/4/94: 1-day suspension — Fought with his in-laws while off-duty, requiring police officers to respond. 9/17/95: 5-day suspension — Left work without authorization and returned home to confront his wife. After Live Oak police officers arrived, he became emotional and said he wished he wasn’t alive. 7/3/96: 3-day suspension — Asked a nurse at the Bexar County Detention Center where she got her training. “You don’t even want to start something with me,” he said. 10/19/99: 5-day suspension — Was insubordinate and discourteous after his commander asked him to make corrections to a police report. 4/14/05: 20-day suspension reduced to an agreed 3-day suspension — Told another sergeant he did not have the right skin tone for the shift. Made facial expressions and rolled his eyes during roll call, staff meetings. 4/14/05: Indefinite suspension reduced to an agreed 10-day suspension — Was disrespectful to Kendall County sheriff’s deputies who responded to his home after receiving a complaint. 6/13/05: 10-day suspension reduced to 5 days — Left three voicemails for his wife’s divorce lawyer that contained vulgar, profane language. 8/2/05: 10-day agreed suspension — Details unavailable. 8/23/05: 5-day suspension — Failed to wear his complete SAPD uniform while working off-duty. 10/19/05: 30-day suspension — Left two threatening and profane voicemails for a former friend. Threatened to make the person’s life miserable. 12/1/05: Indefinite suspension later dismissed — Charged by the Kendall County Sheriff’s Office with harassment after making obscene comments to a man. He won his job back. 1/20/06: Indefinite suspension reduced to 20 days — Disobeyed a no-contact order after an alleged dating violence incident. He won his job back. 4/4/06: 40-day suspension reduced to an agreed 30-day suspension — Made disparaging comments to a Bexar County sheriff’s deputy while appearing as a witness in court. 9/9/10: Indefinite suspension reduced to 125 days — Was involved in two dating violence incidents with his girlfriend. Lied to SAPD detectives and said his girlfriend had been injured during an ATV accident. Also lied and claimed he had been sexually assaulted by his girlfriend. He won his job back. 7/10/12: Indefinite suspension reduced to 45 days — Made obscene comments and used racial slurs when talking to a off-duty Bexar County constable while drunk at a bar. Told the deputy he was a captain at SAPD who would ruin the constable’s career. He won his job back. 6/6/18: Indefinite suspension — Left his substation while on duty in his own vehicle, not a patrol vehicle as mandated. He is appealing. 6/11/18: Indefinite suspension — Made a derogatory comment about Police Chief William McManus on social media. He is appealing.

Read More

Rakun agreed to two of the suspensions. He appealed the rest and requested a hearing before a third-party arbitrator.

In 2006, the city agreed to a settlement that allowed Rakun to return to work, granted he withdraw his appeals and, in some cases, agree to a lesser disciplinary action. He was also required to withdraw a federal employment lawsuit he had filed against the city and agree to undergo medical evaluation and treatment.

Rakun received his third indefinite suspension four years later, in 2010, after he lied during an Internal Affairs investigation into two alleged dating violence incidents. Rakun said his girlfriend had been injured during an ATV accident, when in fact, he had hit her. He also lied and claimed that he had been sexually assaulted by his girlfriend.

Again, he fought it. The next year, Rakun got reinstated with back pay for all but 125 days. He was forced to sacrifice his top spot on the list for promotion to captain.

Upon reinstatement, Rakun told the Express-News that he just wanted to live quietly and get to work.

“I’m getting old,” he said. “I’ve got too many battle scars.”

“This is my last debacle,” he added.

Problems continue

Rakun returned to patrol June 7, 2011. Within a year, he was in trouble again.

According to records, Rakun spewed racial slurs at an off-duty constable working security at an Alamo Heights bar and restaurant in 2012. He was intoxicated, the records state, and threatened to ruin the man’s career.

Rakun appealed the decision to a third-party arbitrator, who agreed that McManus shouldn’t have fired Rakun and criticized the Internal Affairs investigation, saying it was biased against the officer.

The arbitrator upheld two of the four violations for which Rakun was fired, deciding instead on a 45-day suspension. Rakun received back pay for everything but the 45 days.

For six years, it appears Rakun stayed out of trouble.

Then, earlier this year, Internal Affairs launched two investigations into Rakun’s conduct.

“Those comments are clearly, I believe, protected by my First Amendment rights,” Rakun told investigators. “I believe they do not enter the realm of derogatory comments.”

Emilie Eaton is a criminal justice reporter in the San Antonio and Bexar County area. Read her on our free site, mySA.com, and on our subscriber site, ExpressNews.com. | eeaton@express-news.net | Twitter: @emilieeaton