12 de junio de 2020

Suspención temporal del detective Robert Field

El jefe de la policía, Brian Manley, determinó que las acciones del detective Fields violaron la Regla de la Comisión de Servicio 10.02(L) y lo suspendió de sus labores por 2 días, al partir del 12 de junio hasta el 13 de junio, 2020. Detective Field se comportó de manera poco professional con peatones al dirigir el tráfico bajo una asignación secundaria de empleo.

Documento

Memo disciplinario: Detective Fields (PDF 229.83KB)

Contenido del documento

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MEMORANDUM Austin Police Department Office of the Chief of Police TO: Joya Hayes, Director of Civil Service FROM: Brian Manley, Chief of Police DATE: June 12, 2020 RECEl" ClvU Service Oftic.t JUN 12 2020 SUBJECT: Temporary Suspension of Police Detective Robert Field #2752 Internal Affairs Control Number 2019-1379 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 Detective Robert Field #2752 from duty as a police officer for the City of Austin, Texas for a period of two (2) days. The temporary suspension is effective beginning on June 12, 2020 and continuing through June 13, 2020. I took this action because Detective Field 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: L. Violation of any of the rules and regulations of the Fire Department or Police Department or of special orders, as applicable. · The following are specific acts committed by Detective Field in violation of Rule 10: On December 14, 2019, Detective Field was working a secondary employment traffic assignment at the intersection of Domain Drive and Palm Way. Det. Field was controlling the heavy flow of holiday vehicular and pedestrian traffic in the Domain shopping area. During this assignment, Det. Field engaged in an unprofessional dialogue with pedestrians that resulted in the filing of a formal complaint against him. Det. Field acknowledged to Internal Affairs that he used sarcasm and that onlookers would have perceived that he was engaged in an argumentative dialogue with the pedestrians. Det. Field also acknowledged that he did not conduct himself in a professional manner that was consistent with the expectations, training, and the General Orders of the A.PD. Lastly, Det. Field specifically acknowledged that he violated General Order 301.2, Impartial Attitude and Courtesy. By these actions, Detective Field violated Rule I 0.03(L) by violating the following rules and regulations of the Austin Police Department: ~ Austin Police Department Policy 301.2: Responsibility to The Community: Impartial Attitude and Courtesy 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 equitably 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) (b) (c) 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. 2. The use of racial or ethnic remarks, slurs, epithets, words or gestures, which are derogatory or inflanunatory in nature to or about any person or group of persons is strictly prohibited. Employees will be tactful in the performance of their duties, control their tempers, exercise patience and discretion, and shall not engage in Tmentative discussions even in the face of extreme prolocation. Employees will make every effort to be courteous and respectful toward all persons. 2 By copy of this memo, Detective Field 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 of this memo, a proper notice of appeal in accordance with Section 143.010 of the Texas Local Government Code. By copy of this memo and as required by Section 143.057 of the Texas Local Government Code, Detective Field 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 unlawful means. 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 examiner. In addition, if this disciplinary suspension is for three (3) days or less, Detective Field is advised of the following provisions of Article 18, Section 1, of the Meet and Confer Agreement: The parties agree that when an officer is suspended for J, 2, or 3 days the officer may choose one of two methods of dealing with the suspensions as listed below. a) Suspe11sio11s that may 11ot be appealed. The officer may choose to use vacation or holiday time lo serve the suspension with no loss of paid salaiy and no break in service for purposes ofse11iority, retirement, promotion, or any other pwpose. The officer must agree that there is no right to appeal if this method of suspension is chosen. b) S11spe11sio11s 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 Sen•ice Commission finds the charges to be not true, the officer shall be ji1lly reinstated with no loss of pay or benefit. Arbitratio11 Costs on Appealable Suspe11sio11s In the event that an officer appeals a 1, 2 or 3 day suspension to arbitration, it is agreed that the party that lo4es the arbitration shall be responsible for all costs ~f the arbitrator, including travel a~d lodging if necessmy. \ To facilitate such payment on the part of the officer he shall submit, at the time of appeal, a signed payroll deduction agreement that if the arbitrator rules in favor of the City he 3 authorizes up to one hundred dollars ($100.00) per month to be deducted from his regular pay until such time as what would usually be the City's portion of the arbitrator's costs have been satisfied. Date TO WHOM IT MAY CONCERN: I hereby acknowledge receipt of the above and foregoing memorandum of temporary suspension and I have been advised that ifl 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. Date G-IL--2D Police Detective Robert Field #2752 4
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