Temporary Suspension of Officer Sean Menezes

RECEIVED
CITY OF AUSTIN
CIVIL SERVICE OFFICE
OF
STRUE
OCTOBER 15, 2020
DAY
6:36 P.M.
FOUNDED
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 15, 2020
SUBJECT:
Agreed Temporary Suspension of Police Officer Sean Menezes #8772
Internal Affairs Control Number 2020-0340
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 Sean Menezes #8772 from duty as a City of Austin, Texas police
officer for a period of forty five (45) days. The agreed temporary suspension is effective
beginning on October 16, 2020 and continuing through November 29, 2020.
I took this action because Officer Menezes 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 Menezes in violation of Rule 10:
On January 22, 2020, the Austin Police Department received two family disturbance calls
from a hotel in Northeast Austin. Officer Sean Menezes was one of several officers
dispatched to the scene, where the officers gathered evidence for a complaint of assault
involving strangulation. After gathering this evidence, the officers located the subject
outside the hotel room and were able to place him into custody. Thereafter, the subject was
escorted to the back seat of a patrol unit and secured inside.
A short time later, Officer Menezes attempted to photograph the subject for documentation
purposes. During this interaction, the subject made derogatory remarks to Officer Menezes,
while also moving his foot outside of the vehicle. Officer Menezes asked the subject to put
his foot back into the vehicle. The subject replied, "Or what?" and kicked Officer Menezes
in the area of his inner thigh/groin. Officer Menezes reacted by throwing a punch towards
the subject's face. Officer Menezes later admitted the maneuver was not defensive in
nature, but rather an emotional response. The evidence showed that Officer Menezes
instantly attempted to retract the force of his punch. Officer Menezes then told the subject,
"Don't kick me dumbass. "
Ultimately, Officer Menezes conduct was referred to Internal Affairs (IA) for investigation.
During Officer Menezes' IA interview, he acknowledged it was wrong of him to react by
throwing a punch towards the subject, even though he subsequently retracted the punch,
and caused no injury. When asked about his intentions behind throwing the punch, Officer
Menezes stated:
"I think first and foremost, it was an emotional response. I think it was an
unprofessional emotional response. Uh, I wanted him to stop, uh, attempting to
be, uh, physically combative with me. Uh, like I said, this was a hard individual to
read and he had just, uh, he just kicked me. Um, and 1 feel like it's an emotional
response because I stopped myself from completing the action. Uh, that's why
I
feel like this was not a - a tactical or a decisive action.'
Officer Menezes further stated "I got into a heightened emotional state and I completely
lost my cool. I completely lost my temper and my bearing. Officer Menezes went on to
accept full responsibility by acknowledging that he violated General Order 301.1.2
(Impartial Attitude and Courtesy), "because I had lost my temper as I mentioned and also
because I failed to be courteous and respectful toward, [the subject]. He also
acknowledged that he violated General Order 900.3.4 (Personal Conduct), "[b]ecause I
used - profane, harsh language towards [the subject]."
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By these actions, Officer Menezes 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 301.2(b)(c): Responsibility to the
Community: Impartial Attitude and Courtesy
301.2(b)(c) Impartial Attitude and Courtesy
Employees are expected to act professionally, treat all persons fairly and equally,
and perform all duties impartially, objectively, and equitably without regard to
personal feelings, animosities, friendships, financial status, sex, creed, color, race,
religion, age, political beliefs, sexual orientation, gender identity or gender
expression or social or ethnic background.
(b)
Employees will be tactful in the performance of their duties,
control their tempers, exercise patience and discretion, and
shall not engage in argumentative discussions even in the
face of extreme provocation.
(c)
Employees will make every effort to be courteous and
respectful toward all persons.
Austin Police Department Policy 900.3.4(c)(1): General Conduct and
Responsibilities: Personal Conduct
900.3.4(c)(1) Personal Conduct
(c) While on-duty or on the premises of City facilities, employees
will not:
1.
Use loud, indecent, profane, harsh, derogatory language, or
use belittling term in any communications.
In addition to this agreed temporary suspension, Officer Menezes agrees to the following
terms and conditions:
1.
Officer Menezes shall attend any training specified by his chain of
command.
2.
Officer Menezes 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
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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 Menezes returns to duty after completing his agreed
suspension. Should Officer Menezes commit the same or similar violation
outside the one-year period, he will be indefinitely suspended but retains
the right to appeal that suspension.
3.
Officer Menezes 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 General
Order 919.11.
4.
Officer Menezes 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.
5.
Officer Menezes acknowledges that he had the opportunity to discuss this
agreed suspension and the 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 Menezes 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 Menezes 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.
B-Maly
10.15.2020
BRIAN MANLEY, Chief of Police
Date
4
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.
8772
10/15/2020
Police Officer Sean Menezes #8772
Date
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