>> reporter: officer swett was fired for negligence and disregard for a victim. end of story, right? wrong. as is often the case at the houston police department, he appealed, and his case went to arbitration. the houston police union, which represented swett at the appeal, argued his failure to search for and remove evidence does not mont to gross negligence. the arbitrator ruled in favor of officer swett who got his job back, including back pay for the months he was fired. the arbitrator said simply the police chief did not have just cause for indefinite suspension, reducing the penalty to a 90-day suspension. swett's the first one to get his job back either. in fact, 2/3 -- you heard right -- 2/3 of police officers who were fired or suspended get their jobs back or penalties reduced. that is the highest rate in the nation. houston police chief charles mcclelland would not speak with