Suspensión temporal del oficial Brian O'Quinn

RECEIVED
AUGUST 30, 2021
12:30PM
CIVIL SERVICE
OFFICE
FOLNDED IA
MEMORANDUM
Austin Police Department
Office of the Chief of Police
TO:
Joya Hayes, Director of Civil Service
FROM:
Joseph Chacon, Interim Chief of Police
DATE:
August 30, 2021
SUBJECT:
Agreed Temporary Suspension of Police Officer Brian O'Quinn #6813
Internal Affairs Control Number 2021-0251
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 Brian O'Quinn #6813 from duty as a City of Austin, Texas police
officer for a period of twenty (20) days. The agreed temporary suspension is effective
beginning on August 31, 2021 and continuing through September 19, 2021.
I took this action because Officer O'Quinn 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 O'Quinn in violation of Rule 10:
On March 11, 2021, Officer Brian O'Quinn was the first of several officers to respond to
a call for service. Ofc. D'Quinn made contact with the complainant, who advised him that
she had been sexually assaulted. She also identified the suspect to Ofc. O'Quinn. The
suspect was detained by other officers during the on-scene sexual assault investigation.
Ofc. O'Quinn proceeded with the investigation and spoke with the on-call Sex Crimes
detective. The call concluded when the Sex Crimes detective told Ofc. Quinn that they
would not be responding to the scene and the suspect was released from custody.
On March 11, 2021, the Office of Police Oversight (OPO) received an external complaint
from the complainant. The complaint read, "An APD officer was rude and acted like he
didn't believe her when she was trying to report a sexual assault and did not arrest the
perpetrator. This matter was referred to the Internal Affairs Division (IA) to conduct an
administrative investigation to determine if any Department policy, Civil Service rules, or
state law violation had been committed by Ofc. O' Quinn.
The IA investigation revealed that Ofc. O'Quinn failed to take multiple required steps
throughout his field investigation and did not conduct himself in accordance with APD
standardized training and tactics, as well as multiple APD general orders. Ofc. O' Quinn
admittedly failed to interview the complainant with the appropriate amount of dignity and
respect. Of specific note, Ofc. D'Quinn displayed doubts to the complainant and others
regarding her statements by questioning the legitimacy of her claims.
Of further significance, Ofc. O'Quinn failed to relay pertinent information to the on-call
Sex Crimes detective. He also admittedly failed to contact the Crime Scene Unit or take
steps to secure the scene and ensure that evidence at the scene was collected. Moreover,
Ofc. O'Quinn failed to take photographs of the scene or ask the suspect any questions
about the incident. Because of his actions, evidence of the sexual assault was not
submitted for analysis. Ofc. O'Quinn's failure to conduct a proper investigation, collect
evidence, relay, and document this incident will likely hinder any potential efforts to
prosecute this case.
During his IA interview, Ofc. O'Quinn accepted responsibility and expressed tremendous
regret as to his mishandling of this on-scene investigation: " .just by watching myself on
video I don't think I was fair and impartial towards her at all. Like I said, it should have
been face value and just - and do what you need to do. "Ofc. O'Quinn concluded by stating:
"I'm just literally disappointed in how I acted on this call.'
By these actions, Officer O'Quinn 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
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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.
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.
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(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 401.4.1(c): Preliminary Field Investigations:
Crime Scene Processing and Evidence Collection
401.4.1(c) Crime Scene Processing and Evidence Collection
Employees will ensure that items identified as evidence are not tampered with in
any way prior to being photographed and collected.
(c)
At all other crime scenes:
1.
If a crime scene technician responds to the scene, the
technician will be responsible for processing the scene.
2.
If a crime scene technician is not available or is not requested,
the primary officer or designee will be responsible for:
(a)
Processing the crime scene as outlined in this order;
and
(b)
Evidence collection as outlined in General Order 618
(Property and Evidence Collection Procedures).
3.
Employees will identify any possible sources of video or
photos of the scene and determine if they may contain any
pertinent evidence. Any information regarding sources of
pertinent evidence shall be documented in the employee's
supplement.
Austin Police Department Policy 420.2 Investigation Considerations
Austin Police Department Policy 420.2.1 (c): Sexual Assault: Initial Interview
with the Victim
420.2.1(c) Initial Interview with Victim
Officers shall adhere to the following guidelines when conducting an initial
interview of a victim involved in a sexual assault.
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(c)
Officers shall conduct the interview of the victim with dignity and
respect, being mindful that the victim has experienced a traumatic
event.
1.
Officers should make every attempt to maintain the victim's
privacy and protect the integrity of the investigation.
2.
Officers should not interview a victim 12 years of age or
younger; these interviews shall be done by an investigator
from the appropriate Investigative Unit. However, if the
victim made an "outcry" statement to an adult, the officer
should identify and interview the adult, if possible.
3.
Officers will not ask a victim if they want to prosecute (the
suspect / crime); this inquiry is premature.
Austin Police Department Policy 900.4.3: General Conduct and
Responsibilities: Neglect of Duty
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.
(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.
(e)
Absence without approved leave.
(f)
Repeated poor evaluations.
(g)
Written record of repeated infractions of rules, regulations,
directives or orders of the Department.
(h)
Failure to follow department standardized training and tactics when
it was objectively reasonable to do SO.
(i)
Employees are expected to be truthful at all times in the
performance of their duties. However, there may be instances
where, initially, the employee has not been truthful; but, before the
investigation is complete, the employee provides an accurate and
detailed accounting of their true culpability in a situation, and
accepts full responsibility for their actions. In those cases, the Chief
may consider each case on a fact-specific basis.
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In addition to this agreed temporary suspension, Officer O'Quinn agrees to the following
terms and conditions:
1.
Ofc. O'Quinn shall attend any training specified by his chain of command.
2.
Ofc. O'Quinn 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 Ofc. O'Quinn returns to duty after completing his agreed
suspension. Should Ofc. O'Quinn 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.
Ofc. O'Quinn 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
919.11.
4.
Ofc. O'Quinn 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, regulations, 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.
Ofc. O'Quinn 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.
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By signing this Agreed Discipline, Ofc. O'Quinn 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, Ofc. O'Quinn 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.
Subscrime for ChiffChacon
8/30/21
JOSEPH CHACON, Interim 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.
68B
8/30/21
Police Officer Brian O' 'Quinn #6813
Date
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