He fell asleep on duty and was twice suspended. Then a California police department promoted him.

"The lawsuit settled last month, after the judge rejected a motion for summary judgment filed by the San Diego Unified Port District, which oversees the Harbor Police Department. Rodrigo collected a $100,000 payout and has now received the promotion he sought for years. But the allegations and sworn testimony filed in the San Diego Superior Court case have also exposed some of the business practices and decision-making across the department of 140 or so sworn officers including those of Chief Magda Fernandez."

"The chief said in a sworn declaration that Rodrigo was initially passed over for promotion to sergeant for his behavior. He was found sleeping in his patrol car while on duty, was the subject of a department sexual-harassment investigation and was accused of improperly contacting a woman who had been arrested and faced criminal charges, court records show. Plaintiff exhibited conduct over the course of multiple years that revealed issues regarding his character and judgment, Fernandez wrote in sworn testimony submitted to the court"

"He also vomited in the lobby of HPD headquarters after he was out drinking and failed to clean up after himself, the chief wrote. Fernandez said she considered firing Rodrigo, but he was disciplined instead. He was twice suspended without pay, once for two days and once for 15 days a punishment subsequently reduced to 10 days, court records show."

After being passed over for sergeant twice, Cpl. Damith Rodrigo sued the San Diego Unified Port District alleging racial discrimination. The lawsuit settled for $100,000 after a judge rejected the district's motion for summary judgment, and Rodrigo later received the promotion. Chief Magda Fernandez said in a sworn declaration that Rodrigo was found sleeping in his patrol car while on duty, was the subject of a sexual-harassment investigation, and was accused of improperly contacting an arrested woman. The chief wrote that Rodrigo vomited in the Harbor Police lobby after drinking and failed to clean it up. Fernandez said she considered firing him but imposed suspensions instead. The settlement was processed administratively and not approved by the Board of Port Commissioners.

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