Temporary suspension of Officer Christopher Frierson

OF
one
EVERY
FOUNDED
1839
RECEIVED
Civil Service Office
MEMORANDUM
MAR 1 2 2020
Austin Police Department
11:35cm
Office of the Chief of Police
TO:
Joya Hayes, Director of Civil Service
FROM:
Brian Manley, Chief of Police
DATE:
March 12, 2020
SUBJECT:
Temporary Suspension of Police Officer Christopher Frierson #4578
Internal Affairs Control Number 2019-1119
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 Christopher Frierson #4578 from duty as a police officer for the
City of Austin, Texas for a period of 2 ( 2 ) days. The temporary suspension is effective
beginning on March 13, 2020, and continuing through March 14, 2020.
I took this action because Officer Frierson 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 specific acts committed by Officer Frierson in violation of Rule 10:
On September 20, 2019, Officer Frierson, who was assigned to Motors, was recorded on his
Body Worn Camera using profane language with another officer that was directed
towards/referring to his Sergeant. The language included the "F" word and the word "M-
F-----." " In his memorandum to the Chief dated November 27, 2019, Officer Frierson
admitted that:
"Admittedly and without question, my choice of words on the day in question were
unprofessional, discourteous and embarrassing.
"
The use of profanity while on-duty, whether directed towards a citizen, a co-worker, or a
supervisor, or no-one, is unacceptable, unprofessional, and will not be tolerated.
By these actions, Officer Frierson violated Rule 10.03(L) by violating the following rules
and regulations of the Austin Police Department:
Austin Police Department General Order 900.3.4: Personal Conduct
900.3.4 PERSONAL CONDUCT
(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.
Officer Frierson 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 Frierson 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 Frierson 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.
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In addition, since this suspension is for three (3) days or less, Officer Frierson is advised of
the following provision in Article 18, Section 1, of the Meet and Confer Agreement:
ARTICLE 18
DISCIPLINARY ACTIONS, DEMOTIONS & APPEALS
Section 1.
Suspensions of Three (3) Days or Less
a) Appealable and Non-Appealable Suspensions
It is understood that most Officers will make some errors during their career
involving rule violations, including those who are good, professional Police Officers. The
parties agree that short disciplinary suspensions are for the purpose of reinforcing the need
for compliance with Departmental standards and not necessarily as punishment.
The parties agree that when an Officer is suspended for 1, 2, or 3 days, the Officer
may choose one of two methods of dealing with the suspensions as listed below:
(1) Suspensions that may not be appealed. The Officer may choose to use vacation
or holiday time to serve the suspension with no loss of paid salary and no break
in service for purposes of seniority, retirement, promotion, or any other
purpose. The Officer must agree that there is no right to appeal if this method
of suspension is chosen.
(2) Suspensions that may be appealed. The Officer may appeal the suspension to a
Hearing Examiner or the Civil Service Commission. If the Officer chooses to
appeal the suspension, the Hearing Examiner or Civil Service Commission's
authority is limited to ruling on whether or not the charges against the Officer
are true or not true. If the Hearing Examiner or Civil Service Commission finds
the charges to be true, there is no authority to mitigate the punishment. If the
Hearing Examiner or Civil Service Commission finds the charges to be not
true, the Officer shall be fully reinstated with no loss of pay or benefit.
b) Hearing Costs on Appealable Suspensions
In the event that an Officer appeals a 1, 2 or 3 day suspension to a Hearing Examiner,
it is agreed that the party that loses the hearing shall be responsible for all costs of the Hearing
Examiner, including travel and lodging if necessary.
To facilitate such payment on the part of the Officer, he/she shall submit, at the time
of appeal, a signed payroll deduction agreement that if the Hearing Examiner rules in favor
of the CITY he/she authorizes up to one hundred dollars ($100.00) per month to be deducted
from his/her regular pay until such time as what would usually be the CITY's portion of the
Hearing Examiner's costs have been satisfied.
(c) The Department will continue to promote programs that emphasize counseling and
training for policy violations described by the Chief to be minor in nature and for which the
Chief believes the behavior can be corrected through training and counseling.
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on Assistant behalf Chief of BRIAN ROBÍN MANLEY, HENDERSON Chief of #3441 Police
03/12/20
Date
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. I also acknowledge and understand my rights and responsibilities under Article 18,
Section 1 of the Meet and Confer Agreement.
Clean #4578
03/12/2020
Officer Christopher Frierson #4578
Date
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