SAN ANTONIO – A longtime Bexar County court administrator will not face administrative action from the county, despite pleading guilty last month to a drunken driving-related offense.
Barbara Schafer, 42, pleaded guilty on Aug. 14 to obstruction of a highway-intoxication, months after she was first charged with causing a drunken driving accident in the parking lot of a bar near downtown.
Schafer's vehicle caused damage to a second vehicle April 13 as she attempted to leave the Tin Barn Saloon in the 1400 block of North Colorado Street, according to a San Antonio Police Department DWI report.
SAPD dash camera and officer body camera footage obtained by The Defenders through an open records request showed Schafer appearing to intentionally disregard instructions for a field sobriety test.
The footage showed Schafer use her phone four separate times while the traffic officer attempted to conduct the tests.
Schafer at one point said she was not comfortable proceeding with the tests until she spoke with an attorney.
"I work at the courthouse, so it's kind of the environment I work in," Schafer told the officer.
The footage shows Schafer walking off while on the phone as well as the officer waving his hands in front of Schafer's face to try to get her attention.
Schafer was eventually arrested after failing to complete the test.
Schafer's blood alcohol level was .14, nearly twice the legal limit, according to a copy of her blood draw warrant obtained by the KSAT 12 Defenders.
Schafer, Bexar County's Children's Court Division & Programs administrator, will not be disciplined by the county despite her arrest constituting up to four violations of Bexar County's discipline policy.
These possible violations include breaking a statute or department policy, conduct that is detrimental or has an adverse effect on her office or department, a conviction of a Class B or above misdemeanor and conduct that occurs off-duty that negates the effectiveness of the employee.
A Bexar County spokeswoman said the county's human resources department was unable to determine if a county employee had ever previously not faced discipline after being convicted of a drunken driving-related offense.
She said supervisors are permitted to decide whether to discipline an arrested employee on a case by case basis.
Bexar County Children's Court Judge Peter Sakai, Schafer's supervisor, defended his decision not to take administrative action against her in a written statement sent to The Defenders via text message.
"Barbara Schafer has been a loyal and dedicated employee within the child welfare system for nearly 20 years. She has served with distinction and utmost professionalism during this entire period of time. She has an unblemished record. This most recent incident that occurred on her personal time was indeed an unfortunate mistake on her part. Ms. Schafer has quickly taken personal responsibility by admitting her guilt before a court of law to a lower offense of obstructing a roadway. She has accepted her punishment and is paying her debt to society. She has gotten no special favor nor consideration as a county employee. She was given the same consequence as any other first time offender in receiving deferred adjudication which will dismiss her charges upon successful completion of her terms of her community supervision. Her case is still open meantime. I will review her entire personnel file, the facts of this incident, and her response to her accepting personal responsibility after her case closes to determine whether any further punishment is warranted including suspension or loss of pay."
Under the terms of Schafer's plea agreement, the state removed the driving while intoxicated charge and instead allowed her to plead guilty to obstruction of a highway-intoxication, a common plea deal for first-time drunken driving offenders.
Schafer will serve one year probation, must get written permission from the court or her probation officer to leave the county, must perform community service and must equip her vehicle with an ignition interlock device for six months.
Schafer and Sakai declined KSAT's requests for on-camera interviews for this story.
Last month, a civilian records supervisor with the Bexar County Sheriff's Office was arrested on suspicion of DWI. During an Aug. 11 press conference announcing the arrest, Sheriff Javier Salazar made it clear that he will not stand for employees who put the public at risk.
"I will hunt them down and I will cut them out like a cancer," said Salazar during the press conference.
The arrested employee, Noah Garcia, was placed on administrative leave following his arrest and has not returned to work, a Sheriff's Office spokesperson confirmed this week.
Bexar County Commissioner Kevin Wolff did not face administrative action after he was arrested on suspicion of DWI with an elevated blood alcohol level in July 2016 then pleaded guilty to a reduced charge earlier this year.
County officials pointed out that Wolff is an elected official.
