Suspensión temporal del oficial Lawrence McIntosh

OF
Am
DELIVE
RECEIVED
September 5, 2022
2:41 PM
FOUNDED
1939
MEMURANDUR
Austin Police Department
Office of the Chief of Police
TO:
Joya Hayes, Director of Civil Service
FROM:
Joseph Chacon, Chief of Police
DATE:
September 5, 2022
SUBJECT:
Temporary Suspension of Police Officer Lawrence McIntosh #8416
Internal Affairs Control Number 2022-0584
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 Lawrence McIntosh #8416 from duty as a City of Austin, Texas
police officer for a period of two (2) day. The temporary suspension is effective beginning
on September 8, 2022 and Ofc McIntosh will return to work on September 10, 2022.
I took this action because Ofc. McIntosh 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 Ofc. McIntosh in violation of Rule 10:
On March 17, 2022, Ofc. Lawrence McIntosh, while on duty, was involved in a traffic
accident with another vehicle. The accident caused damage to his patrol vehicle and the
other vehicle. Ofc. McIntosh did not sustain any injuries, but the driver of the other vehicle
sustained minor
Both vehicles were rendered
inoperable. Ofc. McIntosh was determined to be at fault in this accident. This matter was
also referred to Internal Affairs (IA)
The IA investigation revealed that just prior to the collision, Ofc. McIntosh was returning
from out of his sector, where he went to offer backup to another officer. Once he was
advised that his assistance was no longer needed, Ofc. McIntosh proceeded to return to his
sector. Traveling back to his sector, and not responding to a call, Ofc. McIntosh drove his
patrol vehicle in the far-right lane, which later turned into a right turn only lane. As Ofc.
McIntosh approached an intersection, he turned on his lights and sirens with the intent to
continue northbound on the frontage road. As Ofc. McIntosh attempted to cross the
intersection at a red light, another vehicle travelling eastbound on Cesar Chavez collided
with his vehicle, which then collided with a traffic light box, causing the traffic lights to
flash red in all directions.
Ofc. McIntosh conceded to IA that he turned on his "lights and sirens" in an unauthorized
fashion, as he "was just trying to get around the traffic and get back to my sector in a
timely manner- I wasn't responding to a call or anything. He also told IA he had a red
light as he entered the intersection to head northbound. Ofc. McIntosh also admitted to IA
that he did not believe he stopped at the intersection before proceeding through. Ofc.
McIntosh further advised IA that a member of the public would have had the perception
that he was responding to an emergency call, due to this unauthorized activation of his
lights and sirens.
IA asked Ofc. McIntosh if he believed he violated APD General Order 400.2 Emergency
Response and Vehicle Operations. Ofc. McIntosh admitted that he did, stating: "I was not
responding to an emergency call." IA asked Ofc. McIntosh if he violated APD General
Order 804.2 General Operations of Department Vehicles. Ofc. McIntosh admitted that he
did and stated: "I did not operate my vehicle in a careful and prudent manner."
By these actions, Ofc. McIntosh 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 400.2.1: Officer Response to Calls: Code 3
(Emergency Operation)
400.2.1 Code 3 (Emergency Operation)
Code 3 is used to describe the operation of a vehicle while the emergency lights
and siren are activated.
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(c)
Officers should only respond Code 3 when SO dispatched or when
circumstances reasonably indicate an emergency response is
required.
Austin Police Department Policy 804.2(a)(1): Department Vehicles: General
Operation of Department Vehicles
304.2(a)(1) General Operation of Department Vehicles
(a)
Employees will operate Department vehicles in a careful and
prudent manner within the guidelines of the law and Department
General Orders. Unsafe or negligent driving is prohibited.
1.
Vehicles will be operated in such a manner and at a rate of
speed that the driver, by use of ordinary care, can avoid
colliding with another vehicle, object, or person.
By copy of this memo, Ofc. McIntosh 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, Ofc. McIntosh 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
examiner.
In addition, if this disciplinary suspension is for three (3) days or less, Ofc. McIntosh is
advised of the following provisions of Article 18, Section 1, of the Meet and Confer
Agreement:
The parties agree that when an officer is suspended for 1, 2, or 3 days the officer may
choose one of two methods of dealing with the suspensions as listed below.
a)
Suspensions that may not be appealed. The officer may choose to use
vacation or holiday time to serve the suspension with no loss of paid
salary and no break in service for purposes of seniority, retirement,
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promotion, or any other purpose. The officer must agree that there is no
right to appeal if this method of suspension is chosen.
b)
Suspensions that may be appealed. The officer may appeal the
suspension to arbitration or the Civil Service Commission. If the officer
chooses to appeal the suspension, the arbitrator or Civil Service
Commission's authority is limited to ruling on whether or not the charges
against the officer are true or not true. If the arbitrator or Civil Service
Commission finds the charges to be true, there is no authority to mitigate
the punishment. If the arbitrator or Civil Service Commission finds the
charges to be not true, the officer shall be fully reinstated with no loss of
pay or benefit.
Arbitration Costs on Appealable Suspensions
In the event that an officer appeals a 1, 2 or 3 day suspension to arbitration, it is agreed
that the party that loses the arbitration shall be responsible for all costs of the arbitrator,
including travel and lodging if necessary.
To facilitate such payment on the part of the officer he shall submit, at the time of appeal,
a signed payroll deduction agreement that if the arbitrator rules in favor of the City he
authorizes up to one hundred dollars ($100.00) per month to be deducted from his regular
pay until such time as what would usually be the City's portion of the arbitrator's costs
have been satisfied.
51/00 FOR
high chaca
Ryan Adam charal
9/5/22
JOSEPH CHACON, 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.
09/05/22
Police Officer Lawrence McIntosh #8416
Date
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