Temporary suspension of Officer Ryan Seweryn

OF
RECEIVED
CITY OF AUSTIN
CIVIL SERVICE OFFICE
FOUNDED
1H39
September 3, 20202 2:44
p.m.
MEMORANDUN
Austin Police Department
Office of the Chief of Police
TO:
Joya Hayes, Director of Civil Service
FROM:
Brian Manley, Chief of Police
DATE:
September 3, 2020
SUBJECT:
Temporary Suspension of Police Officer Ryan Seweryn #8593
Internal Affairs Control Numbers 2020-0362
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 Ryan Seweryn #8593 from duty as a City of Austin, Texas police
officer for a period of Ten (10) days. The temporary suspension is effective beginning on
September 3, 2020 and continuing through September 12, , 2020
I took this action because Officer Seweryn 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.
The following are the specific acts committed by Officer Seweryn in violation of Rule 10:
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On or about March 24, 2020, APD Officer Ryan Seweryn, sent a text message image,
commonly referred to as a "meme," to officers on his shift. The image was an over ten-
year-old booking photograph taken of an APD employee, who was seventeen years old at
the time. Officer Seweryn had added captions above and below the photograph. One of
the officers who received the "meme" informed a supervisor and expressed to the
supervisor that they found the image and message to be inappropriate and disrespectful.
On March 26, 2020, Sergeant Michael Joseph signed an internal complaint memorandum
directing the APD Internal Affairs (IA) to conduct an Administrative Investigation to
determine if any violation of Department Policy, Civil Service Rules, or State Law had
been committed by Officer Seweryn.
IA interviewed several witnesses during their investigation, including Officer Seweryn.
The investigation showed that Officer Seweryn's actions caused embarrassment to at least
one co-worker. Moreover, Officer Seweryn admitted that he violated the following APD
General Orders: 900.3.4 Personal Conduct and 900.5 Responsibility to Coworkers. Officer
Seweryn's testimony further established that he did not access nor distribute the booking
photograph for a legitimate law enforcement purpose, in violation of APD General Order
116.8 Privacy and Security of Records. Lastly, Officer Seweryn acknowledged that his use
of the photograph was a failed attempt at "humor," that was unprofessional and
discourteous to his co-worker.
By these actions, Officer Seweryn 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 116.8: Security and Release of Records and
Information: Privacy and Security of Records
116.8 Privacy and Security of Records
Austin Police Department employees shall not access, view, distribute, or allow
anyone else to access, view, or distribute any hard copy or electronic record, file,
or report, except in accordance with Department orders and with a legitimate law
enforcement or business purpose, or as otherwise permissible by law.
All reports including, but not limited to, initial, supplemental, follow-up, evidence
and property reports, shall be maintained in a secure manner accessible only to
authorized personnel.
Austin Police Department Policy 900.3.4: General Conduct and
Responsibilities: Personal Conduct
900.3.4 Personal Conduct
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(c)
While on-duty or on the premises of City facilities, employees will
not:
1.
Use loud, indecent, profane, harsh, derogatory language, or
use belittling term in any communications.
2.
Ridicule, mock, taunt, embarrass, humiliate, or shame any
person, nor do anything that might incite that person to
violence.
3.
Indulge in "horseplay."
5.
Post or display derogatory, offensive or lewd pictures which
degrade or lower the self-esteem of fellow employees and
would undermine the goal of professionalism within APD.
Austin Police Department Policy 900.5: General Conduct and Responsibilities:
Responsibility to Coworkers
900.5 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.
Officer Seweryn 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, Officer Seweryn 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 Seweryn 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
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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.
SEPT. 3,2020
BRIAN MANLEY, Chief of Police
Date
ONBEHALF
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.
NN Officer Ryan 8593 Seweryn
9/3/2020
Police #8593
Date
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