Suspensión temporal del sargento de la policía Jeffrey Dwyer

RECEIVED
CITY OF AUSTIN
OF
M
CIVIL SERVICE
OFFICE
April 7, 2022 1:01 p.m.
MEMORANDUM
Austin Police Department
Office of the Chief of Police
TO:
Joya Hayes, Director of Civil Service
FROM:
Joseph Chacon, Chief of Police
DATE:
April 7, 2022
SUBJECT:
Temporary Suspension of Police Sergeant Jeffrey Dwyer #3435
Internal Affairs Control Number 2021-1244
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 Sergeant Jeffrey Dwyer #3435 from duty as a City of Austin, Texas
police officer for a period of ten (10) days. The temporary suspension is effective beginning
on April 8, 2022 and continuing through April 17, 2022.
I took this action because Sgt. Dwyer 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.
1
The following are the specific acts committed by Sgt. Dwyer in violation of Rule 10:
On or about October 14, 2022, one of Sgt. Jeffrey Dwyer's subordinates ("complainant")
informed him that he wanted to make a formal complaint against another officer under Sgt.
Dwyer's supervision ("Ofc. X"). The complainant informed Sgt. Dwyer of a comment
made by Ofc. X that the complainant found to be offensive in nature. The complainant
expressed his desire to file a formal complaint against Ofc. X with Internal Affairs (IA). I
Sgt. Dwyer was asked by IA about this conversation with the complainant. Sgt. Dwyer's
recollection of his response, in part, to the complainant regarding his desire to file a formal
complaint was as follows:
"[I] want to make sure you understand the repercussions of you doing that there are
people that are already making complaints against you [complainant].
The complainant's account of what Sgt. Dwyer stated to him, in part, was similar in nature.
He recalled that Sgt. Dwyer stated the following:
"You're letting people in our house. Things will come up for example, multiple people have
come to me and told me that you come in tired from working overtime
"
Sgt. Dwyer also documented this conversation in his personal "notes" that he provided to
IA. His notes corroborate both his and the complainant's recollections. Sgt. Dwyer also
told IA, "I was disappointed he's not allowing the chain of command to look into it [the
complaint].
The complainant expressed to IA that he felt re-victimized by Sgt. Dwyer, as he perceived
Sgt. Dwyer was trying to dissuade him from filing a complaint, which he stated would
serve to protect Ofc. X at his expense and result in a failure to hold Ofc. X accountable.
Sgt. Dwyer expressed to IA that he had no intention of dissuading the complainant from
filing a complaint. He claimed that, instead, his intention was to protect the work
environment of the small "tightknit" Bomb Squad Unit from dissension. Sgt. Dwyer
elaborated that he was focused on the "bigger picture."
In sum, by being focused on the "bigger picture, Sgt. Dwyer seemingly did not properly
assess the impact that his reaction would have on the complainant, nor did he see the
ramifications of how his conduct may have directly or indirectly impacted the complainant.
By focusing on the "bigger picture, Sgt. Dwyer only alienated the complainant even
further than the complainant had already been alienated by the initial comments by Ofc. X.
Moreover, all of these statements, including the ones Sgt. Dwyer recounted to IA, could
have deterred the complainant from making a formal complaint. These statements were not
supportive of an employee requesting assistance and violate City policy and APD General
I Ultimately, a formal complaint was filed against Ofc. X by a lieutenant in the chain of command. After
the completion of the IA investigation, Ofc. X received discipline.
2
Orders (GO). These statements are also inconsistent with the expectations that I and the
City have of all employees, particularly ones in a supervisory capacity.
Bomb Unit Call Out
In a separate incident, on November 11, 2021, at approximately 9:28 pm, Sgt. Dwyer called
the complainant during a Bomb Unit call out. 2 During that conversation, Sgt. Dwyer used
loud, abusive, and profane language, including twice telling the complainant to "shut the
fuck up. " This action was observed by other subordinates in the Unit as well as others
outside of the organization. These statements are unacceptable under all circumstances and
are also inconsistent with the expectations that I and the City have of all employees,
particularly ones in a supervisory capacity.
Sgt. Dwyer accepted responsibility for the way he addressed the complainant on this day
by stating the following during his IA interview:
It's not a shiny moment in my career. It's not something I do on a regular basis.
I've known [the complainant] for 20 years. It's not a common occurrence. It 's first
and foremost, I took my frustrations out on [the complainant]. I used language that
were just rude and unprofessional. I own it 100 day - 100 times down the road, own
it. I apologized to him the following day. He was okay with it. He accepted my
apology. It's the first time I ever did it. It's the last time I ever did it. And in a course
of 20 years, I'm comfortable with [the complainant]. I consider him a friend.
By these actions, Sgt. Dwyer 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 900.5(a)1: General Conduct and
Responsibilities: Responsibility to Coworkers
900.5(a)1 Responsibility to Coworkers
Cooperation among employees of the Department is essential to effective law
enforcement.
(a)
Employees are expected to treat each other with respect.
1.
Employees will be courteous and civil at all times in their
relationships, perform their duties in a cooperative and
supportive manner, and not threaten, display physical
aggression toward, or use insolent or abusive language with
one another.
2 A Bomb call out is when the unit gets called out to investigate a report of a possible explosive device.
3
Austin Police Department Policy 900.5.1(b): General Conduct and
Responsibilities: Supporting Fellow Employees
900.5.1(b) Supporting Fellow Employees
(b)
Employees will cooperate, support, and assist each other at every
opportunity.
Sgt. Dwyer 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, Sgt. Dwyer 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, Sgt. Dwyer 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.
Splay CHACON, 2592 Chief for of Police Chrt Chaco
4-7-22
JOSEPH
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.
4
Police Jeffrey Sergeant Dregory Jeffrey Dwyer
4-7-22
#3435
Date
5
Sullivan, Michael
From:
Ally, Bassil
Sent:
Friday, April 8, 2022 3:27 PM
To:
Sullivan, Michael
Cc:
Alvarado, Elizabeth; Hardman, Sylvia; Chacon, Joseph; Perry, Scott
Subject:
RE: Temporary Suspension memo - Police Sergeant Jeffrey Dwyer
Michael,
I hope all is well with you. It was brought to my attention that there is a clerical error on the memorandum. It states
October 14, 2022 (which has not come yet) as opposed to 2021. If you could either attach this email or a note reflecting
this clerical error, it would be greatly appreciated. I believe that is what we have done in the past. Please let me know if
you have any questions or concerns.
Best Regards,
Bassil Ally
From: Sullivan, Michael
Sent: Friday, April 8, 2022 1:28 PM
To: Hardman, Sylvia
Cc: Ally, Bassil ; Alvarado, Elizabeth
Subject: FW: Temporary Suspension memo - Police Sergeant Jeffrey Dwyer
Hello
The attached disciplinary memo has been received by the Civil Service Office and is available for responding to public
information requests.
Thank you
Michael Sullivan, Civil Service Coordinator
City of Austin - Human Resources Department
Civil Service Office
512-974-3314
1
Sullivan, Michael
From:
Ally, Bassil
Sent:
Friday, April 8, 2022 3:27 PM
To:
Sullivan, Michael
Cc:
Alvarado, Elizabeth; Hardman, Sylvia; Chacon, Joseph; Perry, Scott
Subject:
RE: Temporary Suspension memo - Police Sergeant Jeffrey Dwyer
Michael,
I hope all is well with you. It was brought to my attention that there is a clerical error on the memorandum. It states
October 14, 2022 (which has not come yet) as opposed to 2021. If you could either attach this email or a note reflecting
this clerical error, it would be greatly appreciated. I believe that is what we have done in the past. Please let me know if
you have any questions or concerns.
Best Regards,
Bassil Ally
From: Sullivan, Michael
Sent: Friday, April 8, 2022 1:28 PM
To: Hardman, Sylvia
Cc: Ally, Bassil ; Alvarado, Elizabeth
Subject: FW: Temporary Suspension memo - Police Sergeant Jeffrey Dwyer
Hello
The attached disciplinary memo has been received by the Civil Service Office and is available for responding to public
information requests.
Thank you
Michael Sullivan, Civil Service Coordinator
City of Austin - Human Resources Department
Civil Service Office
512-974-3314
1