17 de agosto de 2021

Formal complaint: Impartial attitude and courtesy, Neglect of duty, Acts bringing discredit upon the department, Responsibility to know and comply

The complainant is an attorney who alleges that Austin Police Department Interim Police Chief Joe Chacon and Assistant Chief of Police Richard Guajardo improperly pressured a detective to stop communicating with defense attorneys related to a high-profile case. Assistant Chief Guajardo allegedly threatened the detective with an internal affairs investigation after the detective shared an affidavit alleging misconduct by the district attorney with the defense attorneys. The OPO recommends an independent investigation into the actions of Assistant Chief Guajardo, Interim Chief Chacon, and the detective.

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NOTICE OF FORMAL COMPLAINT The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. In ordering Assistant Chief Guajardo to silence Detective Interim Chief Chacon committed (at a minimum) the following criminal offenses: - Tampering with a Witness (Texas Penal Code Section 36.05) - Obstruction or Retaliation (Texas Penal Code Section 36.06) - Official Oppression (Texas Penal Code Section 39.03) - Abuse of Official Capacity (Texas Penal Code Section 39.02) - Coercion of a Public Servant (Texas Penal Code Section 36.03) In addition to criminal law violations, Interim Chief Guajardo violated multiple APD Policies. In threatening Detective with an internal affairs case and ordering to never again speak with the defense attorneys again, Guajardo committed (at a minimum) the following criminal offenses: - Tampering with a Witness (Texas Penal Code Section 36.05) - Obstruction or Retaliation (Texas Penal Code Section 36.06) - Official Oppression (Texas Penal Code Section 39.03) - Abuse of Official Capacity (Texas Penal Code Section 39.02) - Coercion of a Public Servant (Texas Penal Code Section 36.03) In addition to criminal law violations, Assistant Chief Guajardo violated multiple APD Policies. Administrative Policies to Review: The OPO recommends an independent investigation into the actions of Assistant Chief Guajardo, Interim Chief Chacon and Detective 301.2 Impartial Attitude and Courtesy Employees are expected to act professionally, treat all persons fairly and equally, and perform all duties impartially, objectively, and equitable without regard to personal feelings, animosities, friendships, financial status, sex, creed, color, race, religion, age, political beliefs, sexual orientation, gender identity or gender expression or social or ethnic background. (a) Employees will not express or otherwise manifest any prejudice concerning race, religion, national origin, age, political affiliation, sex, or other personal characteristics in the performance of their duties. 1. Employees will respect the rights of individuals and will not engage in discrimination, oppression, or favoritism whether by language, act, or omission. NOTICE OF FORMAL COMPLAINT The City of Austin is committed to compliance with the American Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. 900.4.3 Neglect of Duty Employees will satisfactorily perform their duties. Examples of unsatisfactory performance include, but are not limited to: (a) Lack of knowledge of the application of laws required to be enforced. (b) Unwillingness or inability to perform assigned tasks. (c) Failure to take appropriate action on the occasion of a crime, disorder, investigation or other condition deserving police attention. (d) Failure to respond to any call or to perform any police duties assigned to them by appropriate authorities. 900.3.2 Acts Bringing Discredit Upon the Department Since the conduct of personnel both on-duty or off-duty may reflect directly upon the Department, employees must conduct themselves at all times in a manner which does not bring reproach, discredit, or embarrassment to the Department or to the City. (a) Employees will not commit any act which tends to destroy public confidence in, and respect for, the Department or which is prejudicial to the good order, efficiency, or discipline of the Department. 900.1.1 Responsibility to Know and Comply The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements, limitations, or prohibitions on employee conduct and activities; employees are required to know and comply with all Department policies, procedures, and written directives. (a) Employees will maintain a working knowledge and comply with the laws, ordinances, statutes, regulations, and APD directives which pertain to their assigned duties. (b) Employees who do not understand their assigned duties or responsibilities will read the relevant directives and guidelines and will consult their immediate supervisor for clarification and explanation. (c) A lack of knowledge of an APD written directive is not a defense to disciplinary action. Recommended Classification: The OPO is permitted to make a preliminary recommendation on the classification of administrative cases. The OPO is not recommending a classification. The OPO is recommending an independent investigation into the actions of Assistant Chief Guajardo, Interim Chief Chacon and Detective .
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