Temporary suspension of Officer Samuel Travis

OF
DAY
TURE
FOUNDED
1839
MEMORANDUM
Austin Police Department
Professional Standards
Internal Affairs
TO:
Human Resources
FROM:
Internal Affairs
DATE :
March 5, 2024
SUBJECT:
Temporary Suspension
The following employee has been placed on a temporary suspension:
Effective Date
Officer/Employee
Emp #
Number of Days
of Suspension
Suspended
Samuel Travis
7257
3/6/2024
90
PD 0086a
Rev. 072012
OF
FOUNDED
1839
MEMORANDUM
Austin Police Department
Office of the Chief of Police
TO:
Rebecca Kennedy, Interim Director of Civil Service
FROM:
Robin J. Henderson, Interim Chief of Police
DATE:
March 5, 2024
SUBJECT:
Agreed Temporary Suspension of Police Officer Samuel Travis #7257
Internal Affairs Control Number 2023-0817
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 Samuel Travis #7257 from duty as a City of Austin, Texas police
officer for a period of ninety (90) days. The agreed suspension is effective beginning on
March 6, 2024 and continuing through June 3, 2024.
I took this action because Ofc. Travis 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 Ofc. Travis in violation of Rule 10:
On September 16, 2023, at 5:57 am, the Austin Police Department (APD) received a 911
call from a complainant who reported that she had been physically assaulted by her
girlfriend. The call was initially dispatched as a Disturbance Hot Shot call but was
downgraded to a Disturbance Urgent call when it was discovered the parties were
separated. At 6:23 am, Ofc. Samuel Travis and another officer (hereafter, Ofc. #2)
responded to the area. Their actions were captured on Body Worn Camera (BWC).
When officers arrived, the complainant reported that she had been physically assaulted by
her girlfriend, whom she resided with, in a one-sided unprovoked attack. The complainant
had visible scratches on her shoulder. As she stood outside after fleeing from the suspect,
the complainant told both officers that her shoulder and forearm were areas where she
sustained injury/pain from the assault. Her blouse was also ripped during the assault. Ofc.
#2 then asked her, in Ofc. Travis' presence, if she was physically or emotionally hurt, and
she replied "Both." She also stated that her girlfriend [the suspect] was inside the
residence. Ofc. #2 then walked away from the complainant and Ofc. Travis to his patrol
vehicle to get paperwork.
The complainant then expressed a reluctance to pursue charges to Ofc. Travis. She also
expressed a desire to secure her belongings and to depart in a hired ride. Ofc. Travis
subsequently walked over to Ofc. #2's patrol vehicle and relayed to him the complainant's
wishes to not pursue criminal charges against the suspect. Ofc. Travis also said that he
wanted to oblige her request. Ofc. #2, who deferred to Ofc. Travis as the primary officer,
expressed to Ofc. Travis a reluctance to accommodate the complainant's request. Ofc. #2
expressed his objection to not arresting the suspect due to APD policy and state law, which
both mandate an arrest be made if probable cause exists of a Family Violence assault with
an associated complaint of pain and/or injury, regardless of a victim's desire not to pursue
charges.
Later on, the officers entered the residence to assist the complainant in safely securing her
belongings. While in the residence, corroborating evidence of the assault was discovered
by Ofc. #2 and Ofc. Travis. The officers also encountered the suspect. Ofc. #2 then
reiterated to Ofc. Travis that he believed they should arrest the suspect regardless of the
complainant's wishes. Ofc. Travis, nonetheless, reiterated to Ofc. #2 the complainant's
desire to not have her girlfriend arrested and reiterated his intention to not make the arrest
in light of her request. Shortly thereafter, the officers provided the complainant with the
case number and a pink pamphlet and she left the scene in a hired ride. Ultimately,
although the suspect was on scene, she was not questioned, and no arrest was made.
Moreover, no Assault Victim Statement form was offered to the complainant, nor was one
filled out on her behalf.
1
The "pink pamphlet" is a victim informational form that provides helpful contact information for victims
for legal, counseling, shelters, etc., including references to crime victim's statutes, rights, and citations.
Providing this form to victims is required by The Texas Code of Criminal Procedure Chapter 5 Article 5.04.
Duties of Peace Officers (b) and required by APD Policy 418.3.1 Assault Victim Statement.
2
Thereafter, Ofc. #2 prompted Ofc. Travis to contact their supervisor. Similar to some of
his dialogue with Ofc. #2, Ofc. Travis initially made some misleading statements to his
supervisor, including about the complainant's injuries. His supervisor then ordered Ofc.
Travis to come to the police station. In a subsequent dialogue with his supervisor, Ofc.
Travis was forthcoming and acknowledged the truth and took responsibility for his actions,
including his misplaced failure to arrest the suspect.
A few days later, on September 19, 2023, APD Internal Affairs (IA) received an Internal
Complaint Memorandum from Ofc. Travis' Commander, to determine if Ofc. Travis'
conduct complied with Department policy, Civil Service Rules, Municipal Service Rules,
and State Law. The complaint read:
On 09-16-23 Ofc. Travis responded to a Disturbance call [in East Austin]. The
initial on-scene investigation indicated a potential assault (Family Violence) had
occurred. However, the suspect was not arrested at the scene. Officer Travis'
actions may have violated department policy.
The IA investigation showed the above-mentioned facts. Ultimately Ofc. Travis had a
Disciplinary Review Hearing (DRH) with me and his Chain-of-Command During his
DRH, Ofc. Travis took responsibility for his actions and inactions in this case, including
misleading his peer and supervisor. While considering several factors in coming to my
conclusion not to indefinitely suspend Ofc. Travis for his policy violations, including
misleading his peer and supervisor, I gave considerable weight to the fact that Ofc. Travis
accepted responsibility for not arresting the suspect and for immediately self-correcting
himself in his conversations with his supervisor.
By these actions, Ofc. Travis 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 418.2.1(a)(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 victim's
body allegedly caused by the suspect's contact with the
victim, and
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2.
The suspect is still on-scene; and
3.
The assault meets the definition of "family violence" or
"dating violence."
To Wit:
Texas Penal Code 22.01 - Assault
Sec. 22.01. ASSAULT (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another,
including the person's spouse;
(?)
intentionally or knowingly threatens another with imminent bodily
injury, including the person's spouse; or
(3)
intentionally or knowingly causes physical contact with another when
the person knows or should reasonably believe that the other will regard
the contact as offensive or provocative.
Austin Police Department Policy 418.3.1: Assault Victim Statement
418.3.1 ASSAULT VICTIM STATEMENT
(a)
An Assault Victim Statement (AVS) form shall be completed on
every incident involving family violence, regardless of whether an
arrest is made. This includes, but is not limited to, any assault
offense involving family violence with the exception of assault by
contact and assault by threat offenses.
(b)
Officers shall advise victims of their right to obtain an emergency
protective order (EPO) and ask them if they wish to file one. The
required guidelines for filing an EPO are outlined later in this order.
(c)
Victims of family violence are to be given the opportunity to
complete the AVS and sign it.
1.
Victims should be advised that the AVS may be used to file
charges.
2.
In the event the victim refuses to complete and sign the AVS,
the reporting officer shall complete the form and sign it
under the signature refused section with a witness to the
refusal, if possible.
3.
The AVS form must be reviewed for completeness by the
officer prior to leaving the scene.
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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:
(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.
(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, Ofc. Travis agrees to the following terms
and conditions:
1.
Ofc. Travis shall attend any training specified by his Chain-of-Command
2.
Ofc. Travis 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 Ofc. Travis returns to duty after completing his agreed
suspension. Should Ofc. Travis 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.
Ofc. Travis 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.
Ofc. Travis agrees that he, and all others claiming under his named herein
or not, fully discharge, release and waive any and all known or unknown
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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
of that incident, including but not limited to, the negotiation and execution
of this agreed temporary suspension.
5.
Ofc. Travis 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, Ofc. Travis 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, Ofc. Travis 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.
Robin J. Henderson #3441, Interim $3441 Chief of Police Date
03/05/2004
TO WHOM IT MAY CONCERN:
I acknowledge receipt of the above and foregoing memorandum of agreed suspension and
I understand that by entering into this disciplinary agreement the Chief forgoes her 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.
Bus 7257
3/5/24
Samuel Travis #7257, Police Officer
Date
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