Notice of complaint related to 2022-0992

OF
CLASS
AUSTIN
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
October 28, 2022
ICMS #: 2022-0992
On October 28, 2022, the OPO received an online complaint.
The complainant alleges: On
our shift received an email from SGT
titled
Leave Request Rules." In this email we were instructed we could not
submit leave requests more than 2 months in advance, and we were not allowed to take
more than 60 hours of leave each month. I disagreed with this new rule and attempted to
schedule a meeting with LT
SGT
and CPL
to discuss my
grievance. Prior to receiving this email, or even being told of this change, I submitted leave
for the month of
, on
and was denied on
via email with
the following response from SGT
"Per our conversation at show up
this
request is denied due to the new leave request rules." The prior day would have been
at which time I verbally asked SGT
if this was his directive
or LT
directive to which SGT
said it was his. I submitted leave for
on
and was denied on
via email with the following
response from CPL
"The reason your
request is being denied is
that you have eight vacation days (80hrs) on the books for that month. Per the new
directive, one is allowed only six days (60hrs) in a month until one month out from the date
you are requesting. Your request for
is greater than one month out. If, by
is still available, you can put it for it." On
I sent an email to LT
,
SGT
and CPL
requesting a meeting to voice my grievance. SGT
responded via email, with LT
and CPL
added, with the
following: "We will meet
. Not sure exactly which day, but it will between
and
I will let you know when I get the exact date and time nailed down."
On
(the final day when SGT
said we would meet),
close to
the end of our shift, I asked SGT
via email, if he was able to lock in a time for us
to meet that day. SGT
responded with the following: "I was just about to email you.
I had contacted HR regarding the leave request rules and I am still waiting on them to get
back with me, SO we won't be able to have the meeting today. As soon HR gets back with
me, I will let you know and we will set up a date and time to meet." I informed SGT
the meeting was no longer needed and that I would pursue my grievance through formal
channels. I also made the comment that I thought he would have researched the leave rules
OF
CLAIM
OFFICE OF
POLICE OVERSIGHT
NOTICE OF COMPLAINT
prior to making any changes to leave requests. SGT
did not respond after I sent this
email. Prior to the new leave rules, we have an officer on our shift who works overtime
and banks personal compensation time hours. This officer then uses the compensation
hours for leave. According to our shared Google calendar, by the end of the year this officer
will have taken approximately 117 days of vacation which equates to 1,170 hours.
After
being with the department for over 8 years, this is the first time I have purposely worked
overtime, and instead of being paid, I have chosen to bank compensation time. I started
working overtime on
Once I started submitting leave, using compensation time
hours, this new rule was developed and some of my leave has been denied. 1. Date on
which you had actual or constructive knowledge of the event giving rise to this grievance.
2. Describe the resolution that you are seeking. Not making new leave
rules/directives without first contact the HR Department to ensure the new rule/directive is
not breaking any labor laws. Not placing unreasonable time constraints on when leave can
be submitted due to the lack of planning of other officers. Not placing a restraint on the
number of leave hours an officer can take in a month. If an officer has accumulated hours
through earning them, officers should not be limited on the amount they decide to take. 3.
Describe the specific attempts that you have made to resolve this issue with your immediate
and next level supervisors. Please read my statement. 4. Describe your supervisors'
response(s). Please read my statement. 5. Explain the reasons for your dissatisfaction with
the response(s) of your supervisor(s). Please read my statement. My grievance is making a
rule/directive to prohibit an employee from taking earned leave by placing a limit on how
many hours they can take in a month. M grievance is making a rule/directive to prohibit an
employee from submitting leave no earlier than 2 months. My grievance is, when I tried to
schedule a meeting with the next higher ranking officer in my chain of command to address
my grievance, the date for the meeting was delayed because my chain of command was
now consulting with HR department to research the leave rules request, which I would
think would have been done before making the new directive/rule. My grievance is unequal
and unfair treatment because the officer I spoke of earlier has taken multiple consecutive
months where that officer has taken 11, 12, 13, and 14 days of leave in one month and by
the end of this year will have taken approximately 117 days, 1,170 hours, off for vacation.
This notice of complaint is a request for Internal Affairs to initiate an investigation to
determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.