Chief of Police Brian Manley determined that Officer Trissey Padro's actions violated Civil Service Commission Rule 10.03(L), and suspended her from duty for two days, from October 29, 2019 through October 30, 2019. Internal Affairs' investigation revealed that Officer Padro failed to follow the General Orders when she drove a patrol unit through an intersection and collided with a truck that had the right of way.
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CMI Ser~ke Office
NOV 01 Z019
9.. 30 ta.w1
Austin Police Department
Office ofthe ChiefofPolice
Joya Hayes, Director of Civil Service
Brian Manley, Chief of Police
October 28, 2019
Temporary Suspension of Officer Trissey Padro #5328
Internal Affairs Control Number 2019-1073
Pursuant to the provisions of Chapter 143 of the Texas Local Government Code, Section
143.052, and Rule 10, Rules of Procedure for the Firefighters’, Police Officers’ and
Emergency Medical Service Personnel’s Civil Service Commission, I have temporarily
suspended Police Officer Trissey Padro #5328 from duty as a City of Austin, Texas police
officer for a period of two (2) days. The temporary suspension is effective beginning on
October 29, 2019 and continuing through October 30, 2019.
I took this action because Officer Padro violated Civil Service Commission Rule 10.03,
which sets forth the grounds for disciplinary suspensions of employees in the classified
service, and states:
No employee of the classified service of the City of Austin shall engage in,
or be involved in, any of the following acts or conduct, and the same shall
constitute cause for suspension of an employee from the classified service
of the City:
Violation of any of the rules and regulations of the Fire
Department or Police Department or of special orders, as
The following are the specific acts committed by Officer Padro in violation of Rule 10:
On September 7, 2019, Officer Trissey Padro, while on duty, was driving a patrol unit at
the intersection ofEast 5th Street and East Cesar Chavez Street. After coming to a complete
stop at the stop sign, she then proceeded through the intersection and collided with a truck
that had the right of way. Officer Padro, who has previously been sustained for this General
Order, accepted responsibility for her actions in this particular collision.
Police Department Policy 804.2: Department Vehicles:
Operation of Department Vehicles
General Operation of Department Vehicles
Employees will operate Department vehicles in
a careful and
prudent maimer within the guidelines of the law and Department
General Orders. Unsafe or negligent driving is prohibited.
Vehicles will be operated in such a manner and at a rate of
speed that the driver, by use of ordinary care, can avoid
colliding with another vehicle, object, or person.
By copy of this memo, Officer Padro is hereby advised of this temporary suspension and
that the suspension may be appealed to the Civil Service Commission by filing with the
Director of Civil Service, within ten (10) days after receipt of a copy ofthis memo, a proper
notice ofappeal in accordance with Section 143.010 ofthe Texas Local Government Code.
By copy of this memo and as required by Section 143.057 of the Texas Local Government
Code, Officer Padro is hereby advised that such section and the Agreement Between the
City of Austin and the Austin Police Association provide for an appeal to an independent
third party hearing examiner, in accordance with the provisions of such Agreement. If
appeal is made to a hearing examiner, all rights of appeal to a District Court are waived,
except as provided by Subsection (j) of Section 143.057 of the Texas Local Government
Code. That section states that the State District Court may hear appeals of an award of a
hearing examiner only on the grounds that the arbitration panel was without jurisdiction or
exceeded its jurisdiction, or that the order was procured by fraud, collusion or other
In order to appeal to a hearing examiner, the original notice of appeal
submitted to the Director of Civil Service must state that appeal is made to a hearing
In addition, if this disciplinary suspension is for three (3) days or less, Officer Padro is
advised of the following provisions of Article 18, Section 1, of the Meet and Confer
The parties agree that when an officer is suspendedfor 1, 2, or 3 days the officer may
choose one oftwo methods ofdealing with the suspensions as listed below:
Suspensions that may not be appealed. The officer may choose to use
vacation or holiday time to serve the suspension with no loss ofpaid salaiy
and no break in servicefor purposes ofseniority, retirement, promotion, or
any other purpose.
The officer must agree that there is no right to appeal
ifthis method ofsuspension is chosen.
Suspensions that may be appealed. The officer may appeal the suspension
to arbitration or the Civil Service Commission. If the officer chooses to
appeal the suspension,
the arbitrator or Civil Service Commission ‘s
authority is limited to ruling on whether or not the charges against the
officer are true or not true. If the arbitrator or Civil Service Commission
finds the charges to be true, there is no authority to mitigate the punishment
If the arbitrator or Civil Service Commission finds the charges to be not
trite, the officer shall befully reinstated with no loss ofpay or benefit
Arbitration Costs on Appealable Suspensions
In the event that an officer appeals a 1, 2 oi-3 day suspension to arbitration, it is agreed
that the party that loses the arbitration shall be responsible for all costs of the
arbitrator, including travel and lodging jfnecessaiy.
To facilitate such payment on the part of the officer he shall submit, at the time of
appeal, a signedpayroll deduction agreement that ~fthe arbitrator rules infavor ofthe
City he authorizes up to one hundred dollars ($100.00) per month to be deductedfrom
his regular pay until such time as what would usually be the City’s portion of the
arbitrator’s costs have been satisfied.
TO WHOM IT MAY CONCERN:
I hereby acknowledge receipt of the above and foregoing memorandum of temporary
suspension and I have been advised that if I desire to appeal that I have ten (10) days from
the date of this receipt to file written notice of appeal with the Director of Civil Service in
accordance with the provisions of Chapter 143 of the Texas Local Government Code. I
also acknowledge the options set forth in this memorandum of temporary suspension,
including my right to waive an appeal of a suspension of three (3) days or less, and my
financial and contractual obligations under the Meet and Confer Agreement if I elect to
appeal a suspension of three (3) days or less and do not prevail.
P~’lice 0 icer Trissey Padro #5328