Temporary suspension of Officer Julian Ogle

RECEIVED
OF
Civil Service Office
JAN 21 2020
8:00 am
FOUNDED
1839
MEMORANDUM
Austin Police Department
Office of the Chief of Police
TO:
Joya Hayes, Director of Civil Service
FROM:
Brian Manley, Chief of Police
DATE:
January 17, 2020
SUBJECT:
Temporary Suspension of Police Officer Julian Ogle #7787
Internal Affairs Control Numbers 2019-0530
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 Officer Julian Ogle #7787 from duty as a City of Austin, Texas police officer
for a period of ten (10) days. The temporary suspension is effective beginning on January
18, 2020 and continuing through January 27, 2020.
I took this action because Officer Ogle 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 Ogle in violation of Rule 10:
On July 26, 2019, Officer Ogle met with attorneys from the Travis County District
Attorney's Office to prepare for trial. During the meeting, Officer Ogle made a comment
related to a judge's decision to allow certain defendants out of jail on personal recognizance
bonds. The Assistant District Attorneys shared the comment that was made to them with
other members of their office, which was then brought to the attention of the APD.
Thereafter, on July 31, 2019, APD Lieutenant Kenneth Hubbs signed an Internal Complaint
Memorandum requesting Internal Affairs Division (IA) conduct an administrative
investigation to determine if Department General Orders, Civil Service Rules, or State Law
had been violated. Internal Affairs interviewed the two Assistant District Attorneys, who
were present when the comment was made by Officer Ogle.
Specifically, one District Attorney recalled the comment that Officer Ogle made to be "Too
bad that this judge [Judge Tamara Needles] wasn't the one that was shot, while the other
District Attorney recalled the comment to be "Too bad it wasn't her [Judge Tamara
Needles] that was shot instead of Judge Kocurek." Officer Ogle acknowledged to Internal
Affairs that his comment were words to the effect of too bad Judge Tamara Needles was
not shot, instead of Judge Kocurek.
Officer Ogle acknowledged to Internal Affairs that he was expressing his frustration in an
admittedly inappropriate and unprofessional manner about the judge. Officer Ogle
acknowledged he violated APD general orders 972.4 Prohibited Speech, Expression and
Conduct along with 900.3.2 Acts Bringing Discredit Upon the Department.
By these actions, Officer Ogle 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 900.3.2: General Conduct and
Responsibilities: Acts Bringing Discredit Upon the Department
900.3.2 Acts Bringing Discredit Upon the Department
Since the conduct of personnel both on-duty or off-duty may reflect directly upon
the Department, employees must conduct themselves at all times in a manner which
does not bring reproach, discredit, or embarrassment to the Department or to the
City.
(a)
Employees will not commit any act which tends to destroy public
confidence in, and respect for, the Department or which is
prejudicial to the good order, efficiency, or discipline of the
Department.
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Austin Police Department Policy 972.4: Employee Speech, Expression, and
Social Networking: Prohibited Speech, Expression and Conduct
972.4 Prohibited Speech, Expression and Conduct
To meet the Department's safety, performance, and public-trust needs, the
following is prohibited:
(a)
Speech or expression made pursuant to an official duty that tends to
compromise or damage the mission, function, reputation or
professionalism of the Austin Police Department or its employees.
(b)
Speech or expression that, while not made pursuant to an official
duty, is significantly linked to, or related to, the Austin Police
Department and tends to compromise or damage the mission,
function, reputation or professionalism of the Austin Police
Department or its employees.
(e)
Speech or expression that is contrary to the canons of the Law
Enforcement Code of Ethics as adopted by the Austin Police
Department.
By copy of this memo, Officer Ogle 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 Ogle is hereby advised that such provides for an appeal to an independent
third party hearing examiner. 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.
By copy of this memo, Officer Ogle is hereby advised that this temporary suspension may
be taken into consideration in my determination as to whether a valid reason may exist to
bypass Officer Ogle for promotion in accordance with APD General Order 919.
for
35to Chief Manley
1/17/2020
BRIAN MANLEY, Chief of Police
Date
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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.
17JAN 2020
Officer Julian Ogle #7787
Date
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