Suspención temporal del detective Robert Field

OF
DEPART
RECE. V
Civil Service Office
JUN 12 2020
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:
June 12,2020
SUBJECT:
Temporary Suspension of Police Detective Robert Field #2752
Internal Affairs Control Number 2019-1379
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 Detective Robert Field #2752 from duty as a police officer for the City of
Austin, Texas for a period of two (2) days. The temporary suspension is effective beginning
on June 12, 2020 and continuing through June 13, 2020.
I took this action because Detective Field 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 specific acts committed by Detective Field in violation of Rule 10:
On December 14, 2019, Detective Field was working a secondary employment traffic
assignment at the intersection of Domain Drive and Palm Way. Det. Field was controlling
the heavy flow of holiday vehicular and pedestrian traffic in the Domain shopping area.
During this assignment, Det. Field engaged in an unprofessional dialogue with pedestrians
that resulted in the filing of a formal complaint against him.
Det. Field acknowledged to Internal Affairs that he used sarcasm and that onlookers would
have perceived that he was engaged in an argumentative dialogue with the pedestrians.
Det. Field also acknowledged that he did not conduct himself in a professional manner that
was consistent with the expectations, training, and the General Orders of the APD. Lastly,
Det. Field specifically acknowledged that he violated General Order 301.2, Impartial
Attitude and Courtesy.
By these actions, Detective Field violated Rule 10.03(L) by violating the following rules and
regulations of the Austin Police Department:
Austin Police Department Policy 301.2: Responsibility to The Community:
Impartial Attitude and Courtesy
301.2 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.
(a)
Employees will not express or otherwise manifest any prejudice
concerning race, religion, national origin, age, political affiliation,
sex, or other personal characteristics in 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 racial or ethnic 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 make every effort to be courteous and réspectful
toward all persons.
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By copy of this memo, Detective Field 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, Detective Field 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, Detective Field
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, 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
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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.
Jersey BRIAN MANLEY Any Chief for of Police chef Nooly
6-12-20
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) 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.
R.7ill 2252
6-12-20
Police Detective Robert Field #2752
Date
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