Temporary suspension of Officer Draper Williams

RECEIVED
Civil Service Office
OF
DEPART
July 20, 2020
DAY
3:59 p.m.
FOUNDED
1839
MEMORANDUN
Austin Police Department
Office of the Chief of Police
TO:
Joya Hayes, Director of Civil Service
FROM:
Brian Manley, Chief of Police
DATE:
July 20, 2020
SUBJECT:
Temporary Suspension of Police Officer Draper Williams #7346
Internal Affairs Control Number 2020-0139
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 Draper Williams from duty as a police officer for the City of
Austin, Texas for a period of four (4) days. The temporary suspension is effective beginning
on July 21, 2020 and continuing through July 24, 2020.
I took this action because Officer Williams 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.
I
The following are specific acts committed by Officer Williams in violation of Rule 10:
On January 23, 2020, Officer Draper Williams was driving his patrol car eastbound in the
7500 block of East Ben White Boulevard. Officer Williams failed to stop his patrol car and
struck the rear of a vehicle that had stopped amidst traffic in Officer Williams' lane of
travel. The vehicle Officer Williams struck then collided with the vehicle directly in front
of it. Officer Williams acknowledged he was at fault in the collision. Additionally, this is
Officer Williams fourth violation of General Order 804.2 within a two-year period.
By these actions, Officer Williams violated Rule 10.03(L) by violating the following rules
and regulations of the Austin Police Department:
Austin Police Department General Order 804.2: Department Vehicles: General
Operations of Department Vehicles
804.2 General Operations 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.
2.
Employees will wear a seatbelt in the front or back seat while
operating or riding inside of a Department vehicle unless there
is an operational, tactical, or medical need to be unsecured.
(b)
Department vehicles will be kept clean by utilizing car washes that
are under City contract.
(c)
Employees will not use any type of Mobile Audio Video Recording
system (MAV/DMAV) inside a Department vehicle unless the
employee has been trained in its use.
(d)
The use of a Personal Communication Device (PCD), such as a
mobile phone, PDA, or wireless two-way communication device
while driving can cause unnecessary distractions and presents a
negative image to the public.
1.
Employees operating emergency vehicles should restrict the
use of these devices while driving to matters of an urgent
nature and should, where practicable, stop the vehicle at an
appropriate location to complete the call.
2.
Except in the case of an emergency, employees who are
operating non-emergency vehicles will not use PCDs while
driving unless it is specifically designed and configured to
allow hands-free listening and talking. Such use should be
restricted to business-related calls or calls of an urgent nature.
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(e)
When a Department vehicle is unattended and out of sight of the
operator:
1.
The vehicle should be turned off and legally parked, when
practical, and properly secured by locking the doors and
ensuring the windows are rolled up; and
2.
Any firearm inside the vehicle will be locked/secured unless
being readied for use.
By copy of this memo, Officer Williams 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 Williams 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.
BRIAN MANLEY, Chief of Police
July 26, Date 2020
ON BEHALF OF ONE FAMILY
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
Day Code. Officer Draper will Williams #7346 7346
07/20/2020
Date
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