Formal Complaint: Responsibility to Know and Comply, Retaliation Prohibited, Honesty, and other policy violations

OF
CITY
KUSHI
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1282
August 12, 2020
Complaint: Sergeant
submitted an online complaint to the Office of Police
Oversight alleging the following:
"On or about
Lt.
ordered Sgt.
to annotate false
times on her Officers time sheets for the week of
and week of
During these two weeks, the Officers were working overtime assignments on Mobile Field
Force Bravo shift, 3pm-1am for the protest. Also during this time period, the Officers were
sometimes released from their shifts early. Sgt.
was asked to make the changes three
weeks after the Officers time sheets and overtime sheets were submitted and signed. Lt.
advised that the Officers were paid for 10 hours of overtime, but were released
early. The hours that the Officers were released early totaled 6.25 hours for each Officer
over the two week period mentioned above. Lt.
ordered Sergeants
and
to pull their Officers time sheets for the period mentioned
above and annotate times on those sheets that would cover the 6.25 hours. Lt.
instructed the Sergeants to use times such as TLC or VAC. Lt
further stated that
if the Officers spent time getting organized or texting with each other in order to figure out
where they needed to be for the protest that could time counted as productive time. Lt.
sent Sgt.
an
excel spreadsheet reflecting the days and hours the Officers
worked and further indicated the type and amount of leave he ordered the time sheet to be
changed to. Sgt.
spoke with her Officers to find out if any of them teleworked or
actually worked during the above-mentioned time period. Her Officers told her they did
not telework and neither of them put in for vacation during that time. Sgt.
did not
feel comfortable putting fraudulent times on the time sheets for fear of an Internal Affairs
investigation being opened and she would either be indefinitely suspended or fired. Sgt.
would have to change six time sheets, which would be six violations and six
allegations against her. On
Lt.
asked Sgt.
if she completed the
changes on the time sheets. Sgt.
informed him that she did not make the changes, she
only had the Officers make up the 6.25 hours over a two week time period, to which the
Officers did. Upon hearing this, Lt.
became upset and replied, "I gave you
marching orders and you did not follow them!" He then instructed Sgt.
to write him
an email stating what she did, why she did it, and why she did not change the time sheets
as she was ordered to do. Lt.
said he was going to forward that email to the
Commander."
Sergeant
alleges that she was given an illegal order and when she took her concerns to her
Commander
she was not listened to. Sergeant
additionally alleges that
her COC wanted to give her a Conduct Counseling Memorandum for refusing to follow an order.
Sergeant
states that she refused to sign the Conduct Counseling Memo because the order
was illegal. Sergeant
further alleges that when they attempted to give her the Conduct
Counseling Memorandum they stated that the COC did not want to file an Internal Affairs
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.
OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
complaint against her for disobeying an order. Sergeant
believes that her COC wanted to
prevent this complaint from going to Internal Affairs to protect her Lieutenant.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
Recommended Administrative Policies to Review (to include but not limited to):
900.1.1 RESPONSIBILITY TO KNOW AND COMPLY
The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements,
limitations, or prohibitions on employee conduct and activities; employees are required to know
and comply with all Department policies, procedures, and written directives.
900.2.2 RETALIATION PROHIBITED
Employees will not, in any way, cause or conspire to cause retaliatory action against any individual
who has been involved in any such investigation or subsequent proceeding as a defendant,
complainant, witness, victim, investigator, or any other capacity. While the Department wishes to
avoid reassigning an employee while a complaint or grievance is being investigated, this order
does not prohibit the Department from doing so, including the complainant/victim, while the
complaint or grievance is under investigation should an assistant chief determine that a
reassignment is in the best interest of the Department and/or the employee.
900.3.1 HONESTY
Honesty is of the utmost importance in the police profession. Employees are expected to be truthful
at all times in the performance of their duties.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends an A classification for this allegation.
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.