Suspensión temporal del cabo Richard Parslow

RECEIVED
CITY OF AUSTIN
OF
DEPARTMENT
CIVIL SERVICE OFFICE
9-9-2021
3:58 pm
FOUNDED
MEMORANDUN
Austin Police Department
Office of the Chief of Police
TO:
Joya Hayes, Director of Civil Service
FROM:
Joseph Chacon, Interim Chief of Police
DATE:
September 9, 2021
SUBJECT:
Temporary Suspension of Police Corporal Richard Parslow #6478
Internal Affairs Control Number 2021-0295
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 Corporal Richard Parslow #6478 from duty as a City of Austin, Texas
police officer for a period of Nine (9) days. The temporary suspension is effective
beginning on September 10, 2021 and continuing through September 18, 2021.
I took this action because Corporal Parslow 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.
I
Rrl
The following are the specific acts committed by Corporal Parslow in violation of Rule 10:
On March 20, 2021, while off-duty and driving his personal vehicle, Corporal Richard
Parslow #6478 was involved in a crash with a VIA Metro bus in San Antonio, Texas. Prior
to the crash, Cpl. Parslow pulled alongside the bus and displayed an offensive gesture by
extending his middle finger at the bus [driver]. After the crash, he approached the driver's
side of the bus and made contact with the driver. Cpl. Parslow then used a raised voice and
profane language, and he demanded the bus driver's license.
Unprompted, Cpl. Parslow also identified himself as an off-duty police officer and
displayed his Austin Police Department-issued badge. The bus driver can be heard on video
repeatedly telling Cpl. Parslow to "relax" and Cpl. Parslow can also be heard cursing. Cpl.
Parslow even began arguing with a passenger on the bus. The bus driver stated that he was
intimidated by Cpl. Parslow's behavior, so he closed his bus window until local law
enforcement officials arrived.
A San Antonio Police Officer (SAPO) who arrived on the scene can be heard on his Body
Worn Camera (BWC) advising Cpl. Parslow that the VIA bus driver said that Cpl. Parslow
came at him aggressively. Cpl. Parslow agreed that he did. Cpl. Parlow went on to say that
he behaved in that manner because he was mad. Cpl. Parslow then told the SAPO, "I did
cuss him out, if he says I cussed him, I absolutely did." Cpl. Parslow then went on to say
that he asked for the bus driver's license, but corrected himself and said, "Well, more
demanded "
At some point during their dialogue, the SAPO politely told Cpl. Parslow his voice was a
"little elevated." Moreover, unprompted, Cpl. Parslow again displayed his badge and
identified himself as an APD officer to other individuals, including a VIA Metro PD
Sergeant, and the responding SAPO. In the immediate aftermath of this event, the local law
enforcement officials can be heard, amongst themselves on video, expressing their shock
or surprise at Cpl. Parslow's behavior.
Ultimately, local law enforcement officials determined that the VIA Metro bus driver was
at fault in the crash.
On March 22, 2021, the Office of Police Oversight (OPO) received an external complaint
from the VIA Metro bus driver. The complaint stated in part that Cpl. Parslow, who
identified himself as an APD officer, exhibited "hostile and intimidating behavior"
towards him. On April 7, 2021, the OPO generated a Notice of Formal Complaint
requesting Internal Affairs (IA) initiate an investigation to determine if Cpl. Parslow's
conduct violated APD policy, Civil Service Rules, and Municipal Civil Service Rules.
I
Cpl. Parslow was shown this dialogue by IA during his July 27. 2021 interview.
2
Complainant/VIA Metro bus driver's IA Interview
On May 19, 2021, IA interviewed the complainant: the VIA Metro bus driver. The
complainant specifically recalled Cpl. Parslow verbally "going at me and profanity laced."
He went on to say that he "felt a little bit intimidated by him" because he was "I guess
outta control. The complainant explained he advised his dispatcher what was currently
going on and that Cpl. Parslow was claiming to be a police officer. While doing this, he
said that he told Cpl. Parslow, "You need to calm down, you're a police officer and you
should know better. 'He continued to explain that he ended up closing the driver's window
and "securing the doors to prevent any kind by entry.
IA asked the complainant if Cpl. Parslow made any demands of him or directed him to do
anything. The complainant stated, "He wanted me to - surrender my driver's license to
him. And I told him, 'That is not how it works. We do not surrender driver's licenses to
anyone other than, you know, local police department for their own report purposes.
IA asked the complainant his opinion on how Cpl. Parslow's actions reflected on the law
enforcement community or the Austin Police Department. He replied:
"He scared the shit outta me. I mean, like, you know, like, I'm an old man. I'm 47 years
old, you know, and I have three cops in my family. And - and because I was in the military
I speak a paramilitary language. I've never had an experience like that with a police
officer for lack of a better term lose his shit. You know, I - I never had that interaction.
That was like the first time I was surprised. I mean, you know, they - they maintain.
They 're supposed to maintain a stoic calm and that guy was just, uh, he was outta hand."
The complainant's concerns were similar to those he expressed to the SAPO who arrived
to conduct a crash investigation. As detailed in the previous section, the BWC footage
records show the various expressions of shock or surprise at Cpl. Parslow's behavior.
Corporal Parslow's IA Interview
During his July 27, 2021 interview with IA, Cpl. Parslow acknowledged the video evidence
that shows he displayed an offensive gesture by extending his middle finger at the bus
[driver]. IA investigators also asked him to explain his initial approach to the bus after the
crash. He replied, "I was really mad, like I said." Cpl. Parslow went on to say, "I
remember, like I said, usin' profanity, cussing him out, tryin' getting the dri- wanting
the
driver's license "Uh even after reviewing the video I couldn't hear anything other than
the cussing and "I have no problem owning I cussed the guy up and down. I have no
problem owning that I showed my badge."
In spite of these admissions, Cpl. Parslow denied violating any APD policy, including the
Impartial Attitude and Courtesy policy and the Acts Bringing Discredit policy, in part
because he was off-duty and with loved ones. He failed to maintain an impartial attitude
and remain courteous. While Cpl. Parslow was off duty, his conduct is sanctionable
because, unprompted, he chose to identify himself as an APD officer and displayed his
badge. Once he identified himself, various witnesses expressed their surprise as to how
3
he conducted himself, while at least one witness conveyed that they were surprised "an
officer" would act in such a manner. Moreover, the fact that he displayed his badge and
identified himself as an APD officer could lead a reasonable person to conclude that he
was acting in an official capacity. APD's Impartial Attitude and Courtesy policy requires
that:
Employees will treat all persons with dignity, will be courteous and respectful
toward all persons, showing consideration for the welfare of all persons with whom
they interact.
Employees will not use indecent or profane language or gestures while interacting
with, or in the vicinity of, members of the community.
In spite of his denial, Cpl. Parslow's admissions also establish that he violated the acts
bringing discredit policy. He repeatedly stated to IA "if I was officially on duty, no, it was
not a good representation [of APD]. He also acknowledged to IA that "If I was on duty
they'd be very poor," in regards to his actions being a poor representation of an APD
supervisor. However, he adamantly maintained that he did not violate the acts bringing
discredit policy, even though policy specifically outlines:
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.
While he never came around to acknowledge that he violated APD policy, in spite of IA's
attempts to point out the above-mentioned language outlined in policy, Cpl. Parslow did
offer the following revealing quotes:
"So again I would've absolutely handled it differently having all this hindsight and
knowledge.
...after some thought I do recognize and clarify that showing my badge does represent
me as an Austin Police officer. After I've had some moments to think about it and you are
correct.'
"Again I'd just like to reiterate like I said before, I understand my actions were not - not
okay. There's no, like I said when we - you asked what I would've done differently, there's
definitely things I would've done differently. - I would've - I still probably would' 've cussed
him out but I wouldn't have showed him my badge or anything like that. I would've just
been like, "Hey, we called the police, like I told you and just go back to my car. And like
you see on other videos like a normal citizen does, get on with their insurance and do the
insurance, whatever we need to do."
Cpl. Parslow also pontificated in this instance what he did was a "dumb decision" and his
"emotions" were "high."
4
By these actions, Corporal Parslow 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 301.1: Responsibility to the Community:
Scope and Purpose
301.1 Scope and Purpose
All persons deserve protection by fair and impartial law enforcement and should be
able to expect similar police response to their behavior wherever it occurs.
Employees will serve the public through direction, counseling, assistance, and
protection of life and property. Employees will be held accountable for the manner
in which they exercise the authority of their office or position. Employees will
respect the rights of individuals and perform their services with honesty, sincerity,
courage, and sound judgment.
Austin Police Department Policy 301.2: Responsibility to the Community:
Impartial Attitude and Courtesy
301.2 Impartial Attitude and Courtesy
Employees shall provide equal and fair protection of all rights under local, state,
and federal law for all members of the community. Law enforcement will be
conducted in an impartial and equitable manner.
In an effort to create an organizational culture that is inclusive and
nondiscriminatory, employees shall act professionally, treat all persons fairly and
equally, and strive to interact with the community in a positive manner. Employees
will perform all duties objectively and without regard to personal feelings,
animosities, friendships, financial status, occupation or employment status, sex,
disability status, housing status, mental health or ability, citizenship, language,
national origin, creed, color, race, religion, age, political beliefs, sexual orientation,
gender identity, gender expression, ethnicity, or social or ethnic background.
Employees will endeavor to understand and respect cultural, national, racial,
religious, physical, mental, and other differences.
(a)
Employees will not express or otherwise manifest any prejudice
concerning any of the categories or characteristics listed in this
section in a context or manner that would cause a reasonable person
to question the employee's fairness or impartiality related to the
performance of their duties.
1.
Employees will respect the rights of individuals and will not
engage in discrimination, oppression, or favoritism whether by
language, act, or omission.
5
2.
The use of remarks, slurs, epithets, words or gestures, which
are derogatory or inflammatory in nature to or about any
person or group of persons is strictly prohibited.
(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 treat all persons with dignity, will be courteous and
respectful toward all persons, showing consideration for the welfare
of all persons with whom they interact.
(d)
Employees will not ridicule, mock, taunt, embarrass, humiliate,
belittle, or shame any person, nor do anything that might incite that
person to violence.
(e)
Employees will not use indecent or profane language or gestures
while interacting with, or in the vicinity of, members of the
community.
(f)
Officers shall not encourage, condone, or ignore any of the
behaviors described in subsections (a)-(e).
Austin Police Department Policy 900.3.2: General Conduct and
Responsibilities: Acts Bringing Discredit Upon the Department
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.
(c)
Employees will not engage in any activity in which there is a
potential for conflict of interest or the appearance of a conflict of
interest with the lawful duties of the employee.
1.
"Conflict of interest" includes any activity which would tend
to influence a decision, create a bias or prejudice, or create a
gain or loss for any person or agency which would favor one
side or the other in conflict with the employee's official duties,
or which conflicts with the accomplishment of the
Department's mission or goals.
6
Corporal Parslow is advised that this suspension may be considered by the Chief of Police
in a future promotional decision pursuant to General Order 919.
By copy of this memo, Corporal Parslow is hereby advised of this temporary suspension
and that the suspension may be appealed to the Civil Service Commission by filing with
the Director of Civil Service, within ten (10) days after receipt of a copy of this memo, a
proper notice of appeal in accordance with Section 143.010 of the Texas Local Government
Code.
By copy of this memo and as required by Section 143.057 of the Texas Local Government
Code, Corporal Parslow is hereby advised that such section and the Agreement Between
the City of Austin and the Austin Police Association provide for an appeal to an
independent third party hearing examiner, in accordance with the provisions of such
Agreement. If appeal is made to a hearing examiner, all rights of appeal to a District Court
are waived, except as provided by Subsection (j) of Section 143.057 of the Texas Local
Government Code. That section states that the State District Court may hear appeals of an
award of a hearing examiner only on the grounds that the arbitration panel was without
jurisdiction or exceeded its jurisdiction, or that the order was procured by fraud, collusion
or other unlawful means, In order to appeal to a hearing examiner, the original notice of
appeal submitted to the Director of Civil Service must state that appeal is made to a hearing
THE
examiner.
#3441
Sept. 9,2021
ROBINJ.HENDERSIN #3441 ON BEHALF ORCHIEFCHACON
JOSEPH CHACON, Interim Chief of Police
Date
TO WHOM IT MAY CONCERN:
I
hereby acknowledge receipt of the above and foregoing memorandum of temporary
suspension and I have been advised that if I desire to appeal that I have ten (10) calendar
days from the date of this receipt to file written notice of appeal with the Director of Civil
Service in accordance with the provisions of Chapter 143 of the Texas Local Government
Code
6478
9/9/21
Police Corporal Richard Parslow #6478
Date
7