Temporary suspension of Officer Jeffrey Teng

OF
RECEIVED
CITY OF AUSTIN
CIVIL SERVICE OFFICE
6-16-2020
1839
7:56 a.m.
MEMORANDUM
Austin Police Department
Office of the Chief of Police
TO:
Joya Hayes, Director of Civil Service
FROM:
Brian Manley, Chief of Police
DATE:
June 15, 2020
SUBJECT:
Agreed Temporary Suspension of Police Officer Jeffrey Teng #8443
Internal Affairs Control Numbers 2020-0039
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 Jeffrey Teng #8443 from duty as a City of Austin, Texas police
officer for a period of thirty (30) days. The agreed temporary suspension is effective
beginning on June 16, 2020 and continuing through July 15, 2020.
I took this action because Officer Teng 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.
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The following are the specific acts committed by Officer Teng in violation of Rule 10:
On December 4, 2019, Officer Teng, while on duty, responded to a report of a Family
Disturbance on East Riverside Drive. Officer Teng made contact with the complainant and
the suspect at the complainant's residence. Officer Teng learned that the complainant and
the suspect were in a dating relationship. The complainant informed Officer Teng that she
had been assaulted by the suspect. The complainant described to Officer Teng pain and
injuries she sustained during the assault.
Officer Teng did not arrest the suspect, even though he had probable cause to do SO.
Because Officer Teng had probable cause that the suspect had committed family violence,
General Orders mandated that he arrest the suspect. By his own admission to Internal
Affairs the suspect should have been arrested at the scene.
Moreover, during the response to this call, Officer Teng admittedly failed to take
appropriate action and conduct a proper initial investigation by neglecting his duty in
failing to follow APD General Orders and training, including but not limited to the
following:
Officer Teng did not take the complainant's statement completely outside the
presence of the suspect.
Officer Teng did not take photographs of the complainant's described injuries.
Officer Teng did not complete an Assault Victim Statement. The complainant
should have been offered the opportunity to fill out an Assault Victim Statement,
which could have resulted in an Emergency Protective Order.
Officer Teng did not offer victim services to the complainant.
Officer Teng did not conduct a proper mental health evaluation of the suspect
and/or the complainant.
Officer Teng failed to attempt to speak with neighbors or locate all possible
witnesses.
Officer Teng provided inadequate details to his supervisor and did not completely
detail significant facts to him.
Officer Teng failed to properly title his offense report and document all of the
relevant details within the report.
By these actions, Officer Teng violated Rule 10.03(L) of the Civil Service Rules by
violating the following rules and regulations of the Austin Police Department:
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Austin Police Department Policy 401.5: Preliminary Field Investigations:
Secure and Identify Witnesses
401.5 Secure and Identify Witnesses
Officers should attempt to locate any witnesses to an offense when warranted by
the seriousness of the case. Since potential witnesses to an incident may be lost or
the integrity of statements compromised with the passage of time, officers should
take reasonable steps to promptly coordinate the following tasks with on-scene
personnel:
(a)
Separate witnesses from the public, media and other subjects on-
scene as the situation and personnel allow.
(b)
Obtain necessary identification from witnesses and an account of
what they observed.
1.
Any potential witness who is unwilling or unable to remain
available for a formal interview or who refuses to be identified
should not be detained absent reasonable suspicion to detain
or probable cause to arrest.
2.
When feasible, a recorded statement should be obtained from
witnesses present at the time the incident occurred, regardless
of whether they actually saw something.
(c)
Witnesses who are willing to provide a formal interview should be
asked to meet at a suitable location where an investigator may obtain
a recorded statement. Such witnesses, if willing, may be transported
by Department personnel.
1.
A written, verbal or recorded statement of consent should be
obtained prior to transporting a witness in a Department
vehicle.
2.
When the witness is a minor, consent should be obtained from
the parent or guardian, if available, prior to transportation.
(d)
Record witness information and statements in an incident report or
supplement.
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Austin Police Department Policy 418.2.1: Family Violence: Arrest
Requirement for Assaultive Offenses
418.2.1 Arrest Requirement for Assaultive Offenses
(a)
Officers are required to make an arrest for incidents involving
family violence when:
1.
An assault has occurred that resulted in a minimum of bodily
injury or complaint of pain; or where an officer can articulate
facts from which a reasonable person could infer that the
victim would have felt pain due to:
(a) The manner in which the suspect made contact with the
victim, or
(b) the nature of observable physical marks on the suspect's
body allegedly caused by the suspect's contact with the
victim, and
2.
The suspect is still on-scene; and
3.
The assault meets the definition of "family violence" or
"dating violence."
(b)
If both parties have been assaulted, officers shall make reasonable
efforts to identify the primary aggressor. Arrests of both parties
should be avoided unless warranted.
1.
If officers at the scene cannot determine the primary aggressor,
an on-duty supervisor shall be contacted to make the
determination.
2.
If the on-duty supervisor cannot determine the primary
aggressor and there is adequate and articulable probable cause
to believe that each person contributed to the violence,
supervisors may authorize officers to make multiple arrests.
(a) Officers shall write probable cause affidavits for each of
the arrests and direct file the charges.
(b)
The name of the supervisor authorizing a multiple arrest
situation shall be included in the incident report.
(c)
Officers shall not use mediation at the scene as a substitute for
appropriate reporting and enforcement action when physical
violence has taken place.
(d)
Officers shall arrest for assault by threat or assault by contact if no
physical violence has occurred that resulted in bodily injury, but
circumstances reasonably show that further violence is likely to
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happen. Supervisor approval is required when the arrest is made
from inside a residence.
(e)
Supervisors may authorize an exception to an arrest if there are
articulable facts that lead a reasonable person to believe the alleged
suspect was acting in self-defense. The facts leading to the decision
for an exception shall be fully documented in the incident report,
along with the name of the supervisor approving the exception.
(f)
In felony incidents involving family violence the on-call
investigator from the Domestic Violence Unit shall be contacted by
a supervisor when:
(a) Serious or life-threatening injuries are sustained,
regardless of whether an arrest is made; or
(b) A crime scene is complex and may require a response
and/or the assistance of a unit detective (ex. search
warrant, high profile cases, etc.).
Notification simply due to a felony offense occurring or a felony arrest being made
is not required. Should an officer or supervisor determine or feel that a notification
to the Domestic Violence Unit in these situations is necessary, such notification
should be made via email at family.violence@austintexas.gov
Austin Police Department Policy 418.2.3: Family Violence: Family Violence
Involving Mental Illness
418.2.3 Family Violence Involving Mental Illness
If there is reason to believe a suspect that is still on-scene suffers from a mental
illness, an on-duty patrol officer that is a certified Crisis Intervention Team (CIT)
officer shall be requested to the scene.
(a)
A Peace Officer Emergency Commitment (POEC) may be used to
remove a suspect from the scene for the purpose of a psychiatric
evaluation and/or treatment in lieu of a custodial arrest. The
discretion to use a POEC rests solely with the on-scene CIT officer.
(b)
It is recommended that a suspect in a family violence offense only
be placed in protective custody pursuant to a POEC when sufficient
psychiatric bed space is available and has been confirmed at the
proper psychiatric facility by the CIT officer prior to transport.
Under no condition will a suspect in protective custody pursuant to
a POEC be transported to a hospital ER for a family violence offense
when no psychiatric beds are available in lieu of filing criminal
charges.
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(c)
If the CIT officer determines the subject fits the criteria for a POEC,
the CIT officer may transport the subject to a psychiatric facility on
the POEC.
1.
Once at the facility, the CIT officer will remain with the
subject pending the physician's evaluation.
(a) If the facility admits the subject, the CIT officer shall
complete all required family violence documentation but
will not file any charges on the subject. Additional
charges may be filed at a later time.
(b)
If the facility does not admit the subject, the CIT officer
will place the subject under arrest for the family violence
criminal offenses(s) committed. Once arrested, the CIT
officer shall complete all documentation and use direct
file procedures for the filing of charges at the time of
booking.
(d)
This section does not:
1.
Remove the requirement to complete an Assault Victim
Statement (AVS) and make any applicable notifications as
outlined in this order.
2.
Supersede an officer's authority to arrest for a felony offense
at the scene in accordance with Department General Orders.
Austin Police Department Policy 900.4.3: General Conduct and
Responsibilities: Neglect of Duty
900.4.3 Neglect of Duty
Employees will satisfactorily perform their duties. Examples of unsatisfactory
performance include, but are not limited to:
(a)
Lack of knowledge of the application of laws required to be
enforced.
(b)
Unwillingness or inability to perform assigned tasks.
(c)
Failure to take appropriate action on the occasion of a crime,
disorder, investigation or other condition deserving police
attention.
(d)
Failure to respond to any call or to perform any police duties
assigned to them by appropriate authorities.
(e)
Absence without approved leave.
(f)
Repeated poor evaluations.
(g)
Written record of repeated infractions of rules, regulations,
directives or orders of the Department.
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(h)
Failure to follow department standardized training and tactics
when it was objectively reasonable to do SO.
(i)
Employees are expected to be truthful at all times in the
performance of their duties. However, there may be instances
where, initially, the employee has not been truthful; but, before the
investigation is complete, the employee provides an accurate and
detailed accounting of their true culpability in a situation, and
accepts full responsibility for their actions. In those cases, the Chief
may consider each case on a fact-specific basis.
In addition to this agreed temporary suspension, Officer Teng agrees to the following terms
and conditions:
1.
Officer Teng shall attend any training specified by his chain of
command.
2.
Officer Teng 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 for which he is being suspended (the
determination whether an act is the same or similar 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), he will be indefinitely suspended without the right to appeal
that suspension to the Civil Service Commission, an Independent Third
Party Hearing Examiner, and to District Court. The one year period begins
on the day Officer Teng returns to duty after completing his agreed
suspension. Should Officer Teng commit the same or similar violation
outside the one year period, he will be indefinitely suspended but retains the
right to appeal that suspension.
3.
Officer Teng understands that this temporary suspension may be taken
into consideration in the Chief's determination whether a valid reason exists
to bypass him for a future promotion in accordance with APD Policy
919.11.
4.
Officer Teng 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
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of that incident, including but not limited to, the negotiation and execution
of this agreed temporary suspension.
5.
Officer Teng 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 Teng 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 Teng 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.
6.15.2020
BRIAN MANLEY, 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.
All
6/15/2020
Police Officer Jeffrey Teng #8443
Date
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