OPO Recommendation for Case #2024-0175, Officer Leonard Hobbs

OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
GIVE
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20PO
June 25, 2024
TO:
Robin Henderson, Interim Chief, Austin Police Department
FROM:
Gail McCant, Director, Office of Police Oversight
SUBJECT: Officer Leonard Hobbs, AP5643
Case Number: 2024-0175
Reference: OPO's Disciplinary Recommendation
Dear Chief Henderson,
On February 26, 2024, Austin Police Department's (APD) Internal Affairs Division (IAD) initiated
an investigation on Officer Leonard Hobbs, AP5643 for violating their General Orders Sexual
Harassment, Harassment and Responsibility to Know and Comply Policies. The IAD Investigation
revealed that on February 22, 2024, Officer
was seated in the back of the Frank
300 show-up room. Officer Hobbs, who is assigned to the Frank 100's entered the show-up room
at the end of his shift to place his body worn cam (BWC) in the docking station that is located at
the back of the room. Officer Hobbs then approached Officer
from behind and without
Officer
consent, placed his hands on shoulders thanked and kissed her on her head.
Officer
immediately informed her Chain of Command that she was offended by Officer
Hobbs touching and kissing her.
On June 4, 2024, IAD interviewed Officer Hobbs regarding Officer
complaint. IAD asked
Officer Hobbs to describe the incident between himself and Officer
Officer Hobbs said that
in February 2024 Officer
had handle a situation that involved a female whom he had
multiple service calls to and interactions with due to his position as a Crisis Intervention Team
(CIT) Officer. Officer Hobbs stated the female refused service for treatment each time. Officer
subsequent responded to a service call involving the female who was armed with a knife
and successfully talked her into surrendering the knife to officers. Officer
was able to place
an emergency detention on the female so she could receive the necessary treatment.
Officer Hobbs during his IAD interview described the February 22, 2024, incident between Officer
Hobbs and Officer
as follows:
"The way / am, I'm going to tell you, you did a great job. I'm very passionate about that,
especially the younger officers because they need to know that they're doing a good job
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.
OF
AUSTIN
P.O. BOX 1088, AUSTIN TEXAS 78767
E
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE 512.974.9090 I TTY: 711 FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20P0
because you don't always get told you're doing a great job. So that afternoon, / went to put
my camera up and everybody's going to show up in there and they're talking. And / / kind
of leaned down towards her, put my hands on her shoulder and / said, "Great job. You did
a great job. You got her. You got her. You got her help. You got a great job. Awesome.
Awesome." And then when / went to get up / just / kissed her on the head instinctually
because that's what / do with my friends and family. / did that and got up. / put the camera
up and / - so if her seat is right here in the last row and the - the video cameras are behind
us, there's probably about four maybe five feet between, where you would sit and the
camera. So / got up and then went past her. Uh, put the camera up and then / started to
walk out. / got about 10 feet from her, maybe 12 feet and she said, "Dude, that wasn't cool.
Don't ever do that again." And / just looked at her and just froze. / - I'm like, / - - / don't
know what / do."
Officer Hobbs's acknowledged during the IAD interview that he made unwanted physical contact
with Officer
by kissing her on the head. Officer response and comments
demonstrate that she was offended by Officer Hobbs physical contact with her.
APD's General Orders, Sexual Harassment, Chapter 900, Section 914.3.3. Harassment Section
914.3.2 and Responsibility to Know and Comply Section 900.1.1 reads:
Chapter 900, Section 914.3.3, Sexual Harassment reads:
(a) Sexual harassment is any unwelcome sex or gender-based comments and/or conduct
that occurs when:
1. Submission to such conduct is made either openly or by implication
a
term or condition of an individual's employment;
2. Submission to or rejection of such conduct by an individual is used as
a basis for employment decisions affecting that person; or
3. Such conduct unreasonably interferes with the individual's work
performance or creates an intimidating, hostile, or offensive working
environment.
Chapter 900, Section 914.3.2, Harassment reads:
(a) Harassment is unwelcome verbal or physical conduct toward an individual or a group
because of a protected class. Harassment can create a hostile work environment when
such conduct has the purpose or effect of unreasonably interfering with an individual's
work performance or otherwise adversely affects an individual's employment
opportunities. Examples of prohibited conduct that constitute harassment include, but
are not limited to:
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.
OF
AUSTIN
P.O. BOX 1088, AUSTIN, TEXAS 78767
STATE
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOT
POLICE OVERSIGHT
PHONE 512.974.9090 | TTY: 711 FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20P0
1. Use of epithets, innuendos, names, comments, foul language or slurs because
of an individual's protected class;
2. Jokes, pranks or other banter, including stereotyping based on a protected class;
or,
3. Distribution, display, viewing, downloading or discussion of any written or graphic
material, including online content, voicemail, e-mail, text-messages, calendars,
posters and cartoons, that are sexually suggestive or show hostility toward an
individual or group based on a protected class.
(b) Employees shall not engage in conduct which could reasonably create a hostile work
environment at any time while on duty or on City premises, or even if not on duty, but
participating in any work-related setting outside the workplace, such as traveling on City
business or attending professional conferences
Chapter 900, Section 900. Responsibility to Know and Comply reads:
The rules of conduct set forth in this order do not serve as an all-inclusive list of
requirements, limitations, or prohibitions on employee conduct and activities; employees
are required to know and comply with all Department policies, procedures, and written
directives.
(a) Employees will maintain a working knowledge and comply with the laws, ordinances,
statutes, regulations, and APD written directives which pertain to their assigned duties.
(b) Employees who do not understand their assigned duties or responsibilities will read
the relevant directives and guidelines and will consult their immediate supervisor for
clarification and explanation.
(c) A lack of knowledge of an APD written directive is not a defense to disciplinary action.
Based on OPO's participation in IAD's Internal Investigation of Officer Hobbs, review of IAD's
investigative summary, and evidence, that Officer Hobbs did engage in unwanted physical
contact with Officer in violation of APD's General Orders regarding Sexual Harassment,
Harassment and Responsibility to Know and Comply policy. OPO recommends APD impose
discipline in accordance with APD's Disciplinary Matrix for the aforementioned General Orders
violations that Officer Hobbs Chain of Command sustained.
Regards,
Gail McCant
Director
Office of Police Oversight
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.
OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
E
AUSTIN
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 I TTY: 711 | FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20PO
OUNDED
1839
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.