Suspensión temporal del oficial Trissey Padro

RECEIVED
Civil Service Office
OF
A
NOV 01 2019
9:30a
FOUNDED
1839
MEMORANDUM
Austin Police Department
Office of the Chief of Police
TO:
Joya Hayes, Director of Civil Service
FROM:
Brian Manley, Chief of Police
DATE:
October 28, 2019
SUBJECT: Temporary Suspension of Officer Trissey Padro #5328
Internal Affairs Control Number 2019-1073
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 Trissey Padro #5328 from duty as a City of Austin, Texas police
officer for a period of two (2) days. The temporary suspension is effective beginning on
October 29, 2019 and continuing through October 30, 2019.
I took this action because Officer Padro 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 Padro in violation of Rule 10:
On September 7, 2019, Officer Trissey Padro, while on duty, was driving a patrol unit at
the intersection of East 5th Street and East Cesar Chavez Street. After coming to a complete
stop at the stop sign, she then proceeded through the intersection and collided with a truck
that had the right of way. Officer Padro, who has previously been sustained for this General
Order, accepted responsibility for her actions in this particular collision.
Austin Police Department Policy 804.2: Department Vehicles: General
Operation of Department Vehicles
804.2 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, Officer Padro 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, Officer Padro 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, Officer Padro is
advised of the following provisions of Article 18, Section 1, of the Meet and Confer
Agreement:
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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 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.
BRIAN
Joseph MANLEY Chief of years Police Date 10-29-19
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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. I
also acknowledge the options set forth in this memorandum of temporary suspension,
including my right to waive an appeal of a suspension of three (3) days or less, and my
financial and contractual obligations under the Meet and Confer Agreement if I elect to
appeal a suspension of three (3) days or less and do not prevail.
10/28/19
Police Officer Trissey Padro #5328
Date
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