Temporary suspension of Detective Wilson

RECEIVED
OF
Civil Service Office
EDITION
FEB 21 2020
3:32 pm
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:
February 21, 2020
SUBJECT:
Agreed Suspension of Police Detective Frank Wilson #5382
Internal Affairs Control Numbers 2019-1032
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 agreed to
temporarily suspended Police Detective Frank Wilson #5382 from duty as a City of Austin,
Texas police officer for a period of sixty (60) days. The temporary suspension is effective
beginning on February 22, 2020, and continuing through April 21, 2020.
I took this action because Detective Wilson 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.
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The following are the specific acts committed by Detective Wilson in violation of Rule 10:
On March 5, 2019, an APD officer took a report for a leaving the scene collision. The
suspect vehicle was a silver Cadillac. The passenger in the vehicle was able to take a
photograph of the suspect vehicle and license plate as the vehicle drove away. Both victims
of the collision described the driver of the silver Cadillac as a white male, older in his 40's,
bald shiny head, light facial hair, pale skin, and heavy set. This case was assigned to
Detective Wilson on March 7, 2019 to investigate. On August 29, 2019, Detective Wilson
submitted an affidavit to obtain a warrant of arrest for an individual (hereafter referred to
as Mr. X) to Judge Garcia, Magistrate Court for the City of Austin. The warrant request
was for Failure to Stop and Render Aid - 3rd degree felony. A warrant was issued by Judge
Garcia for the arrest of Mr. X on September 4, 2019. Mr. X voluntarily surrendered on
September 7, 2019, was booked into the jail, and released on bond the same day. Further
review showed that Mr. X was not the suspect in this crime or any other crime. Detective
Wilson was neglectful in his duties in that he failed to properly investigate the case and
failed to document his actions, including the basis for the warrant. Of note is the fact that
Detective Wilson had been issued a Conduct Counseling Memo (CCM) that he signed on
August 21, 2019, related to his investigations. Furthermore, he was offered assistance by
his immediate supervisor concerning his cases but declined the assistance.
By these actions, Detective Wilson 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 900.3.2 & 900.4.3: General Conduct and
Responsibilities: Acts Bringing Discredit Upon the Department & Neglect of
Duty
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.
900.4.3 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.
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(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.
In addition to this agreed temporary suspension, Detective Wilson agrees to the following
terms and conditions:
1. Detective Wilson 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 suspended (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 Detective Wilson returns to duty
after completing his agreed suspension. Should Detective Wilson commit the same
or similar violation outside the one year period, he will be indefinitely suspended
but retains the right to appeal that suspension.
2. Detective Wilson understands that this temporary suspension 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.
Detective Wilson is currently a candidate on the Sergeant's Promotional Eligibility
List. Detective Wilson agrees that his name shall be permanently be removed from
that list and he is not eligible for promotion to Sergeant from that eligibility list.
4. Detective Wilson agrees that he may not sit for and is not eligible to take the next
Sergeant's promotional examination.
5. Detective Wilson acknowledges that he had the opportunity to discuss this agreed
suspension 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 Discipline, Detective Wilson understands and agrees that 1 am
forgoing my right to indefinitely suspend or recommend his demotion for the conduct
described above and that by agreeing to the suspension, Detective Wilson waives all right
to appeal to this agreed suspension (the additional terms and conditions are not subject to
appeal) 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.
2.21.2020
BRIAN MANLEY, Chief of Police
Date
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TO WHOM IT MAY CONCERN:
I acknowledge receipt of the above and foregoing memorandum of agreed temporary
suspension and I understand that by entering into this disciplinary agreement the Chief
forgoes his right to indefinitely suspend or recommend my demotion for the conduct
described above and that by agreeing to the suspension, I have no right to appeal this
disciplinary action (the additional terms and conditions are not subject to appeal) 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.
2/21/20
Police Detective Frank Wilson # 5382
Date
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