WACO (February 19, 2010)—The Texas Supreme Court ruled Friday that an arbitrator exceeded his jurisdiction when he reinstated former Waco Assistant Police Chief Larry Kelley, who was suspended indefinitely after he was arrested for driving while intoxicated in 2001 in Austin and later pleaded guilty to the charge.

The court ruled that the arbitrator may now conduct a new hearing, but says if he decides that Kelley should be reinstated that his only choice is to restore Kelley to the position of commander, imposing a temporary suspension of no more than 15 days and ordering payment of lost wages and benefits.

The arbitrator, to whom Kelley appealed his indefinite suspension, originally decided that while the veteran officer had violated civil service rules and department policy, he should have been suspended for 180 days and that he should have been reinstated as a sergeant after the suspension ended.

The City of Waco has argued throughout the case that Kelley’s dismissal was the only appropriate action.

Kelley retired from the department effective May 31, 2009.