Temporary suspension of Officer Glenn Vargas

OF
M
ELECTRO
FOUNDED
MEMORANDUM
Austin Police Department
Office of the Chief of Police
TO:
Joya Hayes, Director of Civil Service
FROM:
Brian Manley, Chief of Police
DATE:
February 3, 2020
SUBJECT: Temporary Suspension of Police Officer Glenn Vargas #8346
Internal Affairs Control Number 2019-0879
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 Glenn Vargas #8346 from duty as a City of Austin, Texas police
officer for a period of five (5) days. The temporary suspension is effective beginning on
February 4, 2020 and continuing through February 8, 2020.
I took this action because Officer Vargas 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 Vargas in violation of Rule 10:
On August 16, 2019, Officer Vargas called an APD sergeant. During their conversation,
Officer Vargas referred to another sworn officer in an inappropriate and derogatory
manner. Officer Vargas was questioned by Internal Affairs about his conduct in this case.
Officer Vargas acknowledged that his comment was "unprofessional" and
"disrespectful." He went on to say his comment was a violation of APD's Personal
Conduct general order.
By these actions, Officer Vargas 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 900.3.4: General Conduct and
Responsibilities: 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.
2.
Ridicule, mock, taunt, embarrass, humiliate, or shame any
person, nor do anything that might incite that person to
violence.
By copy of this memo, Officer Vargas 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 Vargas 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.
John 38to B.Marley
for Chief
BRIAN MANLEY, Chief of Police
2/3/2020
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.
Glenn Vozyo #8346 2/3/20
2/3/20
Police Officer Glenn Vargas #8326
Date
8346 G/V
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