Demotion of Sergeant Okkyun Sin

Received HRD
OF
A
10/11/2019
STATE
CLEARLY
2126 pm
FOUNDED 1839
MEMORANDUM
Austin Police Department
Office of the Chief of Police
TO:
Joya Hayes, Director of Civil Service
FROM:
Brian Manley, Chief of Police
DATE:
October 11, 2019
SUBJECT:
Agreed Demotion of Police Sergeant Okkyun Sin # 5672
Internal Affairs Control Number 2019-0543
Pursuant to the provisions of Chapter 143 of the Texas Local Government Code, Section
143.054, and Rule 8, Rules of Procedure for the Firefighters', Police Officers' and
Emergency Medical Service Personnel's Civil Service Commission, Sergeant Sin and I have
agreed to a voluntary demotion two ranks, to the civil service classification of Police Officer.
This demotion is effective today.
This double-demotion is based on Sergeant Sin violating 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.
This double-demotion is based on the following facts:
On Sunday, April 28, 2019, at approximately 5:11 P.M. Austin Police Department (APD)
Baker Sector Officers were dispatched to a Crash Hotshot that involved multiple vehicles at
4801 Plaza on the Lake, Austin, Travis County, Texas. It was later reported a female was
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trying to run away from her husband, who was driving a vehicle, and subsequently hit her
with that vehicle. Prior to APD Officers arriving at the initial scene, the husband fled into a
wooded area, and a coordinated search ensued. Shortly after, the husband was found in the
wooded area by officers hiding in a brushy area. Both officers discharged their firearms,
fatally wounding the husband. During this incident, Sergeant Sin admits that he failed to
perform his duties in a satisfactory manner.
By these actions, Sergeant Sin violated Rule 10.03(L) of the Civil Service Rules by
violating the following rules and regulations of the Austin Police Department:
Austin Police Department Policy 900.4.: Requirements of Duty
900.4 REQUIREMENTS OF DUTY Employee conduct will always be consistent
with the Department's values, vision, mission, and any supervisor's instructions.
(b) Employees will not exhibit cowardice or shirk their duty in case of danger.
(g) Employees will remain alert and observant while on-duty and devote their time
and attention to the business of the Department. Any exceptions require supervisor
approval.
*For clarification purposes, I am sustaining subpart (b) for Sergeant Sin shirking
his duties in the case of danger, not for exhibiting cowardice in the case of danger.
Austin Police Department Policy 900.4.3: Neglect of Duty
900.4.3 NEGLECT OF DUTY Employees will satisfactorily perform their duties.
Examples of unsatisfactory performance include, but are not limited to:
(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.
In addition to a double-demotion to Police Officer, Sergeant Sin agrees to the following
terms and conditions:
1.
Sergeant Sin agrees to a probationary period of one (1) year, with the additional
requirement that if, during the probationary period, he commits the same or a
similar act of misconduct for which he is being demoted (the determination
whether an act is the same or similar is solely within the purview of the Chief of
Police and is not subject to review by the Civil Service Commission, an
Independent Third Party Hearing Examiner, or District Court), he will be
indefinitely suspended without the right to appeal that suspension to the Civil
Service Commission, an Independent Third Party Hearing Examiner, to District
Court, and he may not file a grievance under Article 20 of the Meet and Confer
Agreement. The one-year period begins on the day Sergeant Sin's demotion is
effective. Should Sergeant Sin commit the same or similar violation outside the
one-year period, he will be indefinitely suspended but retains the right to appeal
that suspension.
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2. Sergeant Sin agrees that he may not sit for, and is not eligible to take, the
Corporal/Detective promotional examination currently scheduled for January 9,
2020. While Sergeant Sin will be eligible to take a future promotional examination,
he understands that this agreed demotion may be taken into consideration in the
Chief's determination whether a valid reason exists to bypass him for a future
promotion in accordance with APD Policy 919.
3.
Sergeant Sin acknowledges that he had the opportunity to discuss this agreed
double-demotion and additional terms and conditions set forth herein with a
representative of his choosing prior to signing his acceptance where indicated
below.
By signing this agreed double-demotion, Sergeant Sin understands and agrees that I am
forgoing my right to indefinitely suspend him for the conduct described above and that by
agreeing to this double-demotion, Sergeant Sin waives all right to appeal to this agreed
double-demotion and the additional terms and conditions to the Civil Service Commission,
to an Independent Third Party Hearing Examiner, to District Court, and he may not file a
grievance under Article 20 of the Meet and Confer Agreement.
10-11-19
BRIAN MANLEY. Chief of Police
Date
TO WHOM IT MAY CONCERN:
I acknowledge receipt of the above and foregoing memorandum of agreed double-demotion
and I understand that by entering into this disciplinary agreement, the Chief forgoes his right
to indefinitely suspend me for the conduct described above. I further understand and agree
that by agreeing to this double-demotion, I have no right to appeal this agreed double-
demotion, as well as the additional terms and conditions, to the Civil Service Commission,
to an Independent Third Party Hearing Examiner, to District Court, and I may not file a
grievance under Article 20 of the Meet and Confer Agreement.
oakwhen #56n
10-11-19
Police Sergeant Okkyun Sin # 5672
Date
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