HOUSTON -- The Houston Public Works & Engineering department has begun researching a policy change after Local 2 Investigates found a city building inspector remaining on the job while facing a felony child rape charge.

With hidden cameras, Local 2 Investigates followed the employee who remained on duty for weeks after being arrested on charges of sexually assaulting a 4-year-old female relative.

According to the police report, Daniel Perez Martinez, 60, kissed and touched the young relative in her bed as she slept. He has pleaded not guilty to the charge of aggravated sexual assault of a child. His lawyer did not respond to a request for his side of the story.

Houston Public Works officials admitted they have no policy that requires employees to report arrests, and lawyers with the city attorney's office added that no city-wide policy exists for the arrest of city employees, including those who deal with citizens or enter homes on a daily basis.

Police and fire employees are required to notify their supervisors of any arrest, but Public Works had no idea that Martinez was facing such serious charges until Local 2 Investigates contacted the city for comment.

The day after hearing from a reporter, Martinez was served with a formal notice of "Reassignment."

The notice from Gary Bridges, assistant director of the city's code enforcement office stated, "Effective immediately, you have been assigned to non-field work in the Plumbing Section."

Records obtained by Local 2 Investigates found dozens of inspections performed by Martinez after he posted bail from his arrest. In some cases, he inspected homes that were still occupied during remodeling or plumbing work. Some of the homes he inspected had bicycles and other child toys visible in the yards.

One man whose home was checked by the indicted inspector said he expected the city would be "more prudent" about keeping track of its inspectors. He declined to be named in this report or to speak on camera.

"I'd be horrified to know that that guy had been in my house with my children here. I'd be horrified," said Renee McNiel, a parent and board member of Justice for Children.

"That scares me," she said, adding that the city has a responsibility to protect children just as a parent does.

Public Works Department spokesman Alvin Wright declined to answer any questions about the lack of a policy, or any other related issue, saying it was a personnel matter.

In a written statement, he wrote that, "The general premise for that has been that an individual is innocent until proven guilty. However, because of our concern about this situation and similar ones that may arise in the future, we have begun a discussion with Legal concerning what can legally be done to protect the public and our employees in cases like this."

He added his department has the "authority and responsibility" to reassign a worker suspected of a crime until a final judgment is entered in the case.

For advocates like McNiel, the city's answer is not enough.

"I think that's ridiculous," she said. "I think that they have a responsibility to all of us, as we do to our own children. They ought to be monitoring themselves and modeling themselves after the police department and the fire department to make sure that we're all OK."

Court records show Martinez has asked for and received delays on seven different court appearances. His next appearance is set in the 179th District Court on July 29.

Complete Written Statement
By Houston Public Works & Engineering Spokesman Alvin Wright

"There is no city policy requiring employees to inform us of arrests or indictments. The general premise for that has been that an individual is innocent until proven guilty. However, because of our concern about this situation and similar ones that may arise in the future, we have begun a discussion with Legal concerning what can legally be done to protect the public and our employees in cases like this.

"If and when we do find out about an arrest or pending charges, we get as much information as possible about the charge, facts and circumstances and then make decisions about the employee's assignment during the interim while the charge is pending. We have the authority and responsibility to reassign duties, location, etc. until such time as a final judgment is entered. Once the final judgment is entered, we re-assess the situation and act in accordance with the final judgment as to a final placement, reassignment, indefinite suspension, etc."