The Odessa Fire Rescue captain who was demoted to lieutenant three months ago after allowing a nude photo shoot at Station No. 2 has resumed his duties as captain.
OFR Chief Jason Cotton objected to the use of the word “promoted” to describe Orlando Rios’ ascension up the ladder.
“Well, it’s not necessarily a promotion, it was a reinstatement, and the decision was made because he is a 19-year employee with a clean record and as the director of Odessa Fire Rescue and the chief, I feel like I know what’s best and and what’s going to be best for our department, and I think that was what was best,” Cotton said.
Cotton said it was always understood that Rios was demoted for a specific time frame and as long as no other infractions took place within that time frame, he could resume his role as captain.
However, Rios’ Order of Discipline, signed July 16 makes no mention of the demotion being temporary. It stated the demotion was to become effective after the 10 days of unpaid leave he was also given. It also stated he would not be allowed to work overtime from July 16 through Sept. 28.
According to texts received by the Odessa American under the Texas Public Information Act, the woman involved in the photo shoot reached out to Rios Nov. 2, 2023, asking about the possibility of using a fire truck in a photo shoot and he immediately responded he didn’t see an issue with it.
They then discussed the possibility of her wearing a firefighter’s jacket during the shoot and the need to remove any names from the jacket. Rios also informed her the Odessa Fire logo or anything Odessa-related could not be in the picture and she agreed, the texts show.
“It would have to be no more than 20-30 minutes depending on the day. Weekends are best for our shift and free time,” he wrote.
The texts turn flirty on the day of the photo shoot, Nov. 25, with Rios thanking her for making his day and joking about his mustache. When she says she’s a sucker for beards and “staches” he responded by saying, “Well, I’m single so when you wanna just have a little fun hit me up.”
In two of the redacted photos obtained by the Odessa American, the woman is topless, wearing firefighter turnout pants and standing in front of and beside a fire engine. In a third photo, she is laying nude on the bumper of a fire engine with the number 2 on it and a Texas license plate.
Records show that when Cotton entered an Order of Discipline he stated Rios violated OFR policies pertaining to conduct and behavior.
According to OFR policies, members must strive to attain the highest professional standard of conduct and behave at all times in a manner that reflects favorably on the department. They should also be courteous and respectful to other members of the department, refrain from engaging in sexual activity while on duty and refrain from abusing their positions for personal gain.
In addition, members aren’t to use or authorize the use of city equipment, property, supplies or employee services for other than official city business. Nor should they engage in nonverbal sexual harassment by distributing, displaying or discussing any written or graphic materials that are sexually suggestive.
“Our professionalism and the reputation of the City of Odessa and Odessa Fire Rescue are paramount to the success of our employees, our mission and our oath-taken responsibility,” Cotton wrote in the Order of Discipline. “As an officer for OFR, the expectations are even higher. You are expected to lead, mentor, and provide for the employees in your charge. Your decisions become lessons that others learn just by watching you make them. The decisions that led to the above policy violations are an opportunity for you to learn from as well.”
Cotton noted back in July that Rios had never been disciplined in the 19 years he’s worked for the department and he’s always met or exceeded expectations when evaluated.
Cotton said OFR believes in second chances and “your contrite heart was obvious during this discussion that included your love of your career, your coworkers, the department and the City of Odessa.”
