(Austin, Texas) A labor arbitrator has ordered the reinstatement of an Austin Police commander who was fired for not reporting discriminatory remarks by a fellow officer.

Cmdr. Calvin Smith, a 34-year veteran of the force and the newly appointed supervisor of the Austin police training academy, told outgoing academy supervisor Cmdr. Larry Oliver that he was worried about the “kind of message” the potential transfer of a gay female officer would send at the academy.

Smith later denied the woman a transfer to his command. Oliver then mentioned that conversation with Smith to another female officer and a complaint was filed with internal affairs.

During the investigation Oliver told internal affairs investigators that he had denied the officer’s transfer request for reasons other than her sexuality, according to disciplinary papers.

Smith agreed to a 20-day suspension but Oliver refused to accept a 30-day suspension for not reporting the incident.

When he was fired, he appealed.

In its ruling reinstating Oliver, the arbitrator handed Oliver a 20-day suspension without pay.

The suspension will be concurrent with the time Oliver already has been off the job.

At a news conference the veteran officer said he hopes to return to work later this week.

During the arbitration hearing, Oliver said did not deny he should have reported Smith’s remarks but blamed his lack of action on “an oversight.”