Temporary Suspension of Officer Wesley Belcher

RECEIVED
of
COURT
CITY OF AUSTION
CIVIL SERVICE OFFICE
MARCH 11, 2022 1:02pm
FOUNDED
INJO
MEMORANDUM
Austin Police Department
Office of the Chief of Police
TO:
Joya Hayes, Director of Civil Service
FROM:
Joseph Chacon, Chief of Police
DATE:
March 11, 2022 1
SUBJECT:
Agreed Temporary Suspension of Police Officer Wesley Belcher #9160
Internal Affairs Control Number 2021-0883
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 Wesley Belcher #9160 from duty as a City of Austin, Texas
police officer for a period of ninety (90) days. The agreed temporary suspension is effective
beginning on March 12, 2022, and continuing through June 9, 2022.
I took this action because Officer Belcher 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:
1 Although this suspension is effective more than 180 days after the date of the underlying incident(s), its
imposition complies with the mandates of LGC 143.052 and Article 18, Section 8 of the 2018-2022 Meet
and Confer Agreement, including an extension Officer Belcher and his representatives agreed to on
February 17, 2022. APD has/had until March 22, 2022, to impose discipline, including an indefinite
suspension.
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L.
Violation of any of the rules and regulations of the Fire
Department or Police Department or of special orders, as
applicable.
The following are the specific acts committed by Officer Belcher in violation of Rule 10:
the Kyle Police Department (KPD) responded to Officer
Belcher's residence three times for disturbances. It was brought to the attention of an
Austin Police Department (APD) Assistant Chief of Police, on or after August 24, 2021,
that Officer Belcher may have committed criminal offenses related to some of these
incidents.
At the conclusion of an IA investigation into the allegations, I concluded that the evidence
did not bear out that Officer Belcher committed the alleged criminal offenses by the
preponderance of the evidence standard. However, I concurred with Officer Belcher's self-
assessment that his actions in these incidents brought discredit to the APD. In deciding the
discipline in this case, I gave significant weight to the fact that Officer Belcher admitted
that he had an alcohol consumption problem that contributed to the discredit he brought
upon himself and the APD. More importantly, Officer Belcher has voluntarily sought and
has been participating in treatment program(s) to address the issues that have plagued him
in his personal life.
By these actions, Officer Belcher 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 900.3.2: General Conduct and
Responsibilities: Acts Bringing Discredit Upon the Department
900.3.2 Acts Bringing Discredit Upon the Department
Since the conduct of personnel both on-duty or off-duty may reflect directly upon
the Department, employees must conduct themselves at all times in a manner which
does not bring reproach, discredit, or embarrassment to the Department or to the
City.
(a)
Employees will not commit any act which tends to destroy public
confidence in, and respect for, the Department or which is
prejudicial to the good order, efficiency, or discipline of the
Department.
2
In addition to this agreed temporary suspension, Officer Belcher agrees to the following
terms and conditions:
1.
Officer Belcher shall be evaluated by a qualified substance abuse
professional designated by the Chief of Police.
2.
If the qualified professional recommends a program of counseling, Officer
Belcher must successfully complete that program of counseling.
3.
If a program of counseling is recommended, said program will be completed
on Officer Belcher's off-duty time, unless the Chief approves the use of
accrued vacation leave.
4.
Officer Belcher shall be responsible for paying all costs of the program of
counseling that are not covered by his health insurance plan.
5.
If Officer Belcher fails to successfully complete the program of counseling,
the Chief may, at his sole discretion, indefinitely suspend him without right
of appeal to the Civil Service Commission, to an independent third-party
hearing examiner, or to District Court, and Officer Belcher may not file a
grievance under Article 20 of the Meet and Confer Agreement.
6.
If this evaluation and/or program of counseling raises a question as to
whether Officer Belcher is sufficiently mentally or physically fit to continue
his duties as a police officer, it could trigger the fitness for duty process set
forth in Texas Local Government Code Chapter 143.081.
7.
Officer Belcher agrees that he will be subject to random alcohol testing
while on duty during the one-year probationary period at the discretion of
his Chain-of-Command
8.
Officer Belcher agrees that if he has any detectable amount of alcohol in a
blood or urine sample, he will be indefinitely suspended without the right
to appeal that suspension to the Civil Service Commission, an independent
third-party hearing examiner, or to District Court.
9.
Officer Belcher agrees to a probationary period of one (1) year, with the
additional requirement that if, during the probationary period, he commits
the same or a similar act of misconduct to the one for which he is being
suspended, he will be indefinitely suspended without the right to appeal that
suspension to the Civil Service Commission, an independent third-party
hearing examiner, or to District Court. (Ofc. Belcher agrees that the
determination of whether an act is the same or similar to the misconduct for
which he is being suspended is solely within the purview of the Chief of
Police and is not subject to review by the Civil Service Commission, an
independent third-party hearing examiner, or district court.) The one-year
period begins on the day that Officer Belcher returns to duty after
completing his agreed suspension. Should Officer Belcher commit the same
or similar violation outside the one-year period, he will be indefinitely
suspended but retains the right to appeal that suspension.
10.
Officer Belcher understands that this temporary suspension may be taken
into consideration in the Chief's determination of whether a valid reason
exists to bypass him for a future promotion in accordance with APD Policy
919.11.
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11.
Officer Belcher agrees that he, and all others claiming under him named
herein or not, fully discharge, release, and waive any and all known or
unknown claims or demands of any kind or nature whatsoever that he now
has, or may have in the future, including without limitations, claims arising
under any federal, state or other governmental statute, regulation, or
ordinance relating to employment discrimination, termination of
employment, payment of wages or provision of benefits, Title VII of the
Civil Rights Act of 1964, as amended, the Civil Rights Act of 1991, the
Americans with Disabilities Act of 1990, as amended, the Family and
Medical Leave Act, the Fair Labor Standards Act, and the Texas
Commission on Human Rights Act, against the City of Austin, the Austin
Police Department, or their respective agents, servants, and employees,
arising from the above-referenced incident, and any actions taken as a result
of that incident, including but not limited to, the negotiation and execution
of this agreed temporary suspension.
12.
Officer Belcher acknowledges that he had the opportunity to discuss this
agreed suspension and additional terms and conditions set forth herein with
a representative of his choosing prior to signing his acceptance where
indicated below.
By signing this Agreed Discipline, Officer Belcher understands and agrees that I am
forgoing my right to indefinitely suspend him for the conduct described above and that by
agreeing to the suspension, Officer Belcher waives all right to appeal this agreed
suspension and the additional terms and conditions to the Civil Service Commission, to an
independent third-party hearing examiner, and to District Court.
PTR
3/11/2022
Joseph Chacon, Chief of Police
Date
TO WHOM IT MAY CONCERN:
I acknowledge receipt of the above and foregoing memorandum of agreed temporary
suspension and I understand that by entering into this disciplinary agreement the Chief
forgoes his right to indefinitely suspend me for the conduct described above and that by
agreeing to the suspension, I have no right to appeal this disciplinary action, as well as the
additional terms and conditions, to the Civil Service Commission, to an Independent third-
party hearing examiner, and to District Court.
3/11/20
Police Officer Wesley Belcher #9160
Date
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