Temporary suspension of Officer Bryan McCulloch

Received
City of Austin
OF
BAY
GENERAL
2019 JAN 11 PM 1:14
Human Resources Dept
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 10, 2019
SUBJECT:
Temporary Suspension of Police Officer Bryan McCulloch #8124
Internal Affairs Control Numbers 2018-0747
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 Bryan McCulloch #8124 from duty as a City of Austin, Texas
police officer for a period of
7
() days. The temporary suspension is effective
beginning on January
10
, 2019 and continuing through January 16, 2019.
I took this action because Officer McCulloch 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.
1
The following are the specific acts committed by Officer McCulloch in violation of Rule
10:
On July 20, 2018, Officers working Frank Sector pursued a stolen vehicle. Officer
McCulloch was working Henry Sector and became aware of the pursuit. Without
supervisor approval, Officer McCulloch deployed a tire deflation device to stop the vehicle,
which did not work. Officer McCulloch asked for permission to join the pursuit but
received no response. Officer McCulloch, without supervisor approval, became the fourth
unit involved in the pursuit as he tried to catch up to and trailed the pursuit. While doing
so, Officer McCulloch committed numerous traffic violations and failed to operate his
vehicle with due regard for the safety others (e.g. he ran red lights and stops signs without
his lights or siren activated, he drove in excess of 100 miles per hour). Officer McCulloch
also failed to turn off his vehicle's AM/FM radio despite previously being told to do SO by
his chain of command. Finally, during this incident, Officer McCulloch turned off his
DMAV for 19 seconds without authorization.
By these actions, Officer McCulloch 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 214: Vehicle Pursuits
214.4 Pursuit Guidelines
Pursuit units shall be limited to four vehicles (three units and a control supervisor);
however, a control supervisor may request additional units to join a pursuit if, after
assessing the factors outlined above, it appears that the number of officers involved
would be insufficient to safely stop the pursuit and/or arrest the subject(s). All other
officers will stay out of the pursuit but should remain alert to its progress and
location.
214.4.3 Units Not Involved in a Pursuit
(a)
There shall be no paralleling of a pursuit route by officers not
authorized to be in a pursuit
(b)
Officers not directly involved in the pursuit are authorized to
proceed safely to controlled intersections ahead of the pursuit and
use emergency equipment to warn vehicular and pedestrian traffic
in an effort to protect the public. Officers should remain in their
assigned area and should not become involved with the pursuit
unless directed otherwise by a supervisor.
(c)
Non-pursuing personnel needed at the termination of a pursuit
should respond in the appropriate manner based on the totality of the
circumstances and type of assistance needed.
2
Austin Police Department Policy 304.2 (b) & (c): Digital Mobile Audio
Recording: Digital Mobile Audio Recorder Operation
(b)
Employees shall turn off the vehicle's AM/FM radio and/or personal
music devices while the DMAV is recording and there is a subject
sitting in the backseat of the unit.
(c)
Employees shall not:
1.
Bypass or override the automatic activation of the equipment.
2.
Erase, alter, or delete any recording produced by the DMAV.
In addition to this suspension, Officer McCulloch must complete any training dictated by
his chain of command. His failure to do so will be considered an act of insubordination.
By copy of this memo, Officer McCulloch 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 McCulloch 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.
3140 CHIEF MANLEY
1/10/19
BRIAN MANLEY, Chief of Police
Date
3
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.
In mile 8124
01/10/2019
Police Officer Bryan McCulloch #8124
Date
4