28 de octubre de 2019

Suspensión temporal del oficial Trissey Padro

El jefe de la Policía, Brian Manley, determinó que las acciones de la oficial Trissey Padro violaron la Regla de la Comisión de Servicio Civil 10.03(L) y la suspendió de sus labores por dos días, a partir del 29 de octubre hasta el 30 de octubre de 2019. La investigación de Asuntos Internos reveló que la oficial Padro no obedeció las Órdenes Generales al manejar una unidad de patrulla por una intersección y chocar contra una camioneta que tenía el derecho a paso.


Memo disciplinario: Oficial Padro (PDF 639.72KB)

Contenido del documento

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RECEIVED CMI Ser~ke Office NOV 01 Z019 9.. 30 ta.w1 ME ORANDUM Austin Police Department Office ofthe ChiefofPolice TO: Joya Hayes, Director of Civil Service FROM: Brian Manley, Chief of Police DATE: October 28, 2019 SUBJECT: 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: 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 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. > Austin Police Department Policy 804.2: Department Vehicles: General Operation of Department Vehicles 804.2 General Operation of Department Vehicles (a) 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. I. 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 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, Officer Padro is advised of the following provisions of Article 18, Section 1, of the Meet and Confer Agreement: 2 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: a) 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. b) 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. AdJA~ A /o-;~~’ • fofPolf’e 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 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. /4à19 P~’lice 0 icer Trissey Padro #5328 Date / 4

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