Notice of complaint related to 2022-0993
Complainant alleges Austin police leadership denied the complainant's leave request and handled the situation inappropriately.
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DEAT
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
November 4, 2022
ICMS #: 2022-0993
On October 31, 2022, the OPO received an online complaint.
The complainant alleges: I submitted leave on
for 1-hour PCU from
which were approved for the following days:
On
after our shift show-up, I had a personal conversation with SGT
and
CPL
about the leave requests I submitted on
being denied.
I submitted the following leave dates, all for 1-hour PCU from
that were
denied:
I was
informed by SGT
the 1-hour PCU leave requests were denied due to staffing
shortages and not being able to have me unavailable for 1 hour. SGT
said this was
his decision, however, SGT
said he already cleared his decision with LT
I
submitted PCU for 1-hour from
on
for
and
Since SGT
informed me
about my 1-hour PCU leave requests
being denied, I asked SGT
if these leave requests were also denied. SGT
responded with, "Is this request also for working out during our normal shift hours?" to
which I responded, yes Sir. SGT
responded with, "Yes, it is being denied." Leave
I have submitted is not putting me in a deficit, I have earned every hour of leave through
my dedicated service to the Department. After 8 years of continuous service, I have
accumulated many hours of various leave types. The notion of me being unavailable for
one hour, in SGT
words, "Would cause the shift to be understaffed and less safe
on
the streets" I believe is disingenuous. When I first arrived at the shift over 1 year ago,
SGT
encouraged all of us to utilize 1 hour out of the day to exercise, and that was
in addition to taking a 40-minute lunch. My recommendation was to either take the exercise
time or lunch time but not double dip, which is what I did. At times, I would see SGT
in the gym exercising and he would make the comment, "I don't know why more
people do not take advantage of this." Initially, our exercising privilege was taken away
for having "Shift Conflict", not for staffing purposes. I removed the privilege aspect of
exercising on duty by utilizing my personal compensation hours, which I gained through
working Patrol overtime with other shifts, and I am giving up anywhere from $60-$80 an
hour to exercise. Our sister shift the
can exercise on duty for free. I believe my
OF
CITY
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
leadership is grasping for any reason to deny me the opportunity to exercise on duty. Why
leadership would not want a fit Cop, I have no idea. As a Disabled Veteran, I exercise for
mental and physical health reasons. 1. Date on which you had actual or constructive
knowledge of the event giving rise to this grievance.
2. Describe the resolution
that you are seeking. I am not sure anymore. 3. Describe the specific attempts that you have
made to resolve this issue with your immediate and next level supervisors. Conversation
with SGT
and CPL
Since SGT
said he cleared his decision
with LT
I did not see the use of requesting a meeting with LT
4. Describe
your supervisors' response(s). Read my statement please. 5. Explain the reasons for your
dissatisfaction with the response(s) of your supervisor(s). Read my statement please. 6.
Include any additional information that you believe is relevant to your grievance. Read my
statement please. I have submitted a Grievance and IA complaint for being preemptively
denied the use of Flex Time, which our sister shift the
are able to use. I have
submitted a Grievance and IA complaint for unfair and unequal treatment. I have submitted
a Grievance and IA complaint for being denied leave because leadership made a rule on
leave requests, without verifying with the HR Department to ensure they were not violating
any labor laws, on limiting the number of hours you can take a month and can only submit
leave 2 months in advance. Keep in mind we have an officer on our shift who will have
taken approximately 1,170 hours of vacation by the end of this year. And now I am
submitting a Grievance and IA complaint for this incident. I believe my leadership is now
complicit with Workplace Harassment.
This notice of complaint is a request for Internal Affairs to initiate an investigation to
determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.