Temporary suspension of Officer Robert Brady

RECEIVED
CIVIL SERVICE OFFICE
or
STRUET
MAY 20, 2022
2:54 pm
MEMORANDUM
Austin Police Department
Office of the Chief of Police
TO:
Joya Hayes, Director of Civil Service
FROM:
Joseph Chacon, Chief of Police
DATE:
May 20, 2022
SUBJECT:
Agreed Temporary Suspension of Police Officer Robert Brady #7594
Internal Affairs Control Number 2021-1130
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 Robert Brady #7594 from duty as a City of Austin, Texas police
officer for a period of ninety (90) days. The agreed temporary suspension is effective
beginning on May 21, 2022, and continuing through August 18, 2022.
I took this action because Officer Brady 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 Officer Brady in violation of Rule 10:
On November 6, 2021, at approximately 6:17 pm, two Austin Police Department (APD)
officers responded to a Disturbance Urgent call for service, in the south part of Austin,
Texas. Officers made contact with a 14-year-old male (hereafter the "juvenile"), who had
called 9-1-1 at approximately 6:07 pm. The juvenile advised that he had taken a package
from a front porch on a dare-and then someone approached and confronted him at the
home of a nearby neighbor. The juvenile sustained minor injuries during this confrontation.
Additionally, the neighbor's garage door sustained damage during this incident.
Officers were able to determine the identity of the subject who confronted the juvenile
as off-duty APD Officer Robert Brady. Officers were able to do so as Officer Brady had
previously exchanged his contact information with the juvenile's older brother and asked
him to pass it along to his father. Officer Brady also texted the father in an attempt to speak
to him. He also exchanged information with the neighbor of the damaged garage door in
the immediate aftermath of this incident and agreed to pay for the damage to the garage
from this incident. After all parties exchanged information, everyone left the scene.
Once officers came in contact with Officer Brady, he explained to them that he did confront
the juvenile and "an altercation ensued". Officer Brady advised he confronted the juvenile
because he was trying to get his property back. He told the juvenile he had seen him on
their Nest camera stealing the package, just prior to spotting him in the neighborhood.
Officer Brady also explained to officers he and his
were
and they had just
suffered a
The stolen package was a
a monthly
subscription service that provided customized items which coincided with the progression
of his
While the facts of the altercation are not in question, Officer Brady's viable affirmative
"defense of property" ultimately led me and the Chain of Command to not sustain him for
the Responsibility to the Know Comply General Order. Ofc. Brady did however admit to
IA that he violated APD General Order 364.4.2 Incidents of Personal Interest at took full
responsibility for violating this General Order. If fact he stated:
"In instance of personal interest, I should have called uniformed officers to
handle the theft and once I identified the suspect, I should have called uniformed
officers to identify the suspect. Um, that would have circumvented being able to
handle it at a lower level than. But I still think that calling officers would have
been the most appropriate way to have handled it.
The Chain of Command and I gave weight to Officer Brady's remorse and acceptance of
full responsibility during his Disciplinary Review Hearing. Officer Brady explained he has
sought and has been participating in treatment program(s) to address the issues that have
plagued him due to his personal tragedies, including his
diagnosis and the recency
of the
in relation to the timing of this event.
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The Chain of Command and I gave weight to the extremely unique personal circumstances
which impacted Officer Brady's state of mind in addition to his explanation that this was
"out of character."
Ofc. Brady explained the source of his emotional state:
"I had never taken time to recognize the grief I was going through and I think it
all kind of boiled over at the same time it just really sucked. It really hurt A
loss of
it's my
that's the reason why my
has to go through this
pain. "
"I was acting out of emotion. I really wasn't thinking clearly. If I had a plan it
wouldn't have - not- none of this would have happened if I had, had a plan.
"that's when I made the determination that I needed to seek help."
"I've never behaved like this before, this is a - that's the reason why the - the best
way I can describe it is extremely uncharacteristic."
Last and certainly not least, the Chain of Command and I also gave significant weight to
the wishes of the homeowner of the damaged garage door and of the juvenile's family, who
all advocated for Officer Brady. In fact, the juvenile's stepfather stated:
"I hope things turn out well for this officer, because once again, very, very
personal items and I don't want him to get any serious consequence that's going
to affect him even worse, you know? But I don't know him personally I've
dealt with officers like that, too. Like, 'Hey, man, you don't need to be wearing
a badge, man. You got anger issues. But if this is an isolated event, hey, man,
it happens. "
By these actions, Officer Brady 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 364.4.2: Off-Duty Law Enforcement Actions:
Incidents of Personal Interest
364.4.2 Incidents of Personal Interest
Unless there is an exigent circumstance, employees shall refrain from handling
police incidents of personal interest (e.g., family or neighbor disputes). When
practicable, employees should report the matter to 9-1-1 so that an on-duty officer
can respond.
(a)
Offenses that may be committed against the employee, members of
the employee's family, or a business interest of the employee will be
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reported to the Investigative Unit with responsibility for
investigation of such offenses. Normal filing procedures will be
followed to prevent any potential for abuse of authority.
(b)
Employees shall not maintain continued involvement in any
criminal case, nor personally file any criminal charge in a court of
law, against any person for criminal offenses committed against the
employee, any member of the employee's family, or which involves
any business in which the employee has a proprietary interest.
In addition to this agreed temporary suspension, Officer Brady agrees to the following
terms and conditions:
1.
Officer Brady shall attend any training specified by his chain of command.
2.
Officer Brady shall be evaluated by a qualified mental health professional
designated by the Chief of Police.
3.
If the qualified professional recommends a program of counseling, Officer
Brady must successfully complete that program of counseling.
4.
If a program of counseling is recommended, said program will be completed
on Officer Brady's off-duty time, unless the Chief approves the use of
accrued vacation leave.
5.
Officer Brady shall be responsible for paying all costs of the program of
counseling that are not covered by his health insurance plan.
6.
If Officer Brady fails to successfully complete the program of counseling,
the Chief may, at his sole discretion, indefinitely suspended him without
right of appeal to the Civil Service Commission, to an Independent Third-
Party Hearing Examiner, or to District Court, and Officer Brady may not
file a grievance under Article 20 of the Meet and Confer Agreement.
7.
If this evaluation and/or program of counseling raises a question whether
Officer Brady is sufficiently mentally or physically fit to continue his duties
as a police officer, it could trigger the fitness for duty process set forth in
Texas Local Government Code Chapter 143.081.
8.
Officer Brady 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, and to District Court. The one-year period begins
on the day Officer Brady returns to duty after completing his agreed
suspension. Should Officer Brady commit the same or similar violation
outside the one-year period, he will be indefinitely suspended but retains
the right to appeal that suspension.
9.
Officer Brady understands that this temporary suspension may be taken
into consideration in the Chief's determination whether a valid reason exists
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to bypass him for a future promotion in accordance with APD Policy
919.11.
10.
Officer Brady agrees that he, and all others claiming under him named
herein or not, fully discharge, release and waive any and all known or
unknown claims or demands of any kind or nature whatsoever that he now
has, or may have in the future, including without limitations, claims arising
under any federal, state or other governmental statute, regulation, or
ordinance relating to employment discrimination, termination of
employment, payment of wages or provision of benefits, Title VII of the
Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the
Americans with Disabilities Act of 1990, as amended, the Family and
Medical Leave Act, the Fair Labor Standards Act, and the Texas
Commission on Human Rights Act, against the City of Austin, the Austin
Police Department, or their respective agents, servants and employees,
arising from the above-referenced incident, and any actions taken as a result
of that incident, including but not limited to, the negotiation and execution
of this agreed temporary suspension.
11.
Officer Brady 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, Officer Brady understands and agrees that I am forgoing
my right to indefinitely suspend him for the conduct described above and that by agreeing
to the suspension, Officer Brady waives all right to appeal this agreed suspension and the
additional terms and conditions to the Civil Service Commission, to an Independent Third-
Party Hearing Examiner, and to District Court.
the
5/20/2022
JOSEPH CHACON, Chief of Police
Date
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 me for the conduct described above and that by
agreeing to the suspension, I have no right to appeal this disciplinary action, as well as the
additional terms and conditions, to the Civil Service Commission, to an Independent Third-
Party Hearing Examiner, and to District Court.
Police Officer Robert Brady #7594
Date
5/20/2002
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