Temporary suspension of Officer Shalom Alvarez

OF
MEMORANDUM
Austin Police Department
Office of the Chief of Police
TO:
Susan Sinz, Director of Civil Service
FROM:
Michael Chancellor, Assistant Chief of Police
DATE:
May 16, 2025
SUBJECT:
Temporary Suspension of Police Officer Shalom Alvarez #9207
Internal Affairs Control Number 2024-1283
Pursuant to the provisions of Chapter 143 of the Texas Local Government Code, Section
143.052, and Rule 10, Rules and Regulations for the Firefighters', Police Officers' and
Emergency Medical Service Personnel's Civil Service Commission, I have suspended
Police Officer Shalom Alvarez #9207 from duty as a City of Austin, Texas police officer
for a period of Two (2) days. The temporary suspension is effective beginning on May 17,
2025, and continuing through May 18, 2025.
I took this action because Officer Alvarez 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 Alvarez in violation of Rule 10:
On November 28, 2024, Officer Shalom Alvarez was assisting with the Henry 300's Bridge
Safety Operation in the grassy median located between the intersections of E. Riverside
Dr/Wickersham Lane and East Riverside Drive/Pleasant Valley Drive. Officer Alvarez was
driving patrol unit #8696. After concluding his duties in connection with the operation, he
left the area in the patrol unit. As he was driving away, Officer Alvarez drove over a broken
concrete/rock. This caused damage to the patrol unit and rendered it inoperable. Ultimately,
the patrol unit had to be towed away from the scene of the collision.
Officer Alvarez' Chain of Command subsequently made a request for Internal Affairs to
investigate this incident. On February 25, 2025, Internal Affairs conducted an interview
with Officer Alvarez. At the conclusion of the interview, Internal Affairs asked Officer
Alvarez if he had reviewed APD General Order 804.2 General Operation of Department
Vehicles and if he felt he violated the policy. Officer Alvarez responded:
I do, sir. I've said it because I made a contact with the object that I did not see.
In addition to this incident, the Chain of Command and I took into account Officer
Alvarez's accident history with the department. This incident was his fifth crash, to
include Internal Affairs cases:
2021-1285 sustained for a violation of General Order 804.2 General Operation
of Department Vehicles and General Order 304 DMAV, where he received a
1-day disciplinary suspension;
2022-1125 sustained for a violation of General Order 804.2 General Operation
of Department Vehicles, where he received a written reprimand;
2023-0414 sustained for a violation of General Order 804.2, where he received
Education Based Discipline/Written Reprimand that he completed;
2024-1282 sustained for a violation of General Order 804.2 General
Operations, where he received 3-days of Education Based Discipline (still to
be completed); and
this current case, 2024-1283.
Despite the fact that Officer Alvarez's supervisors have sent him to additional training,
he has repeatedly violated the Department's General Order regarding operation of
department vehicles.
By these actions, Officer Alvarez 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 804.2: Department Vehicles: General
Operation of Department Vehicles
804.2 General Operation of Department Vehicles
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(a)
Employees will operate Department vehicles in a careful and
prudent manner within the guidelines of the law and Department
General Orders. Unsafe or negligent driving is prohibited.
1.
Vehicles will be operated in such a manner and at a rate of
speed that the driver, by use of ordinary care, can avoid
colliding with another vehicle, object, or person.
By copy of this memo, Officer Alvarez 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 Alvarez 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.
In addition, if this disciplinary suspension is for three (3) days or less, Officer Alvarez is
advised of the following provisions of Article 18, Section 1, of the Meet and Confer
Agreement:
The parties agree that when an officer is suspended for 1, 2, or 3 days the officer may
choose one of two methods of dealing with the suspensions as listed below.
a)
Suspensions that may not be appealed. The officer may choose to use
vacation or holiday time to serve the suspension with no loss of paid
salary and no break in service for purposes of seniority, retirement,
promotion, or any other purpose. The officer must agree that there is no
right to appeal if this method of suspension is chosen.
b)
Suspensions that may be appealed. The officer may appeal the
suspension to arbitration or the Civil Service Commission. If the officer
chooses to appeal the suspension, the arbitrator or Civil Service
Commission's authority is limited to ruling on whether or not the charges
against the officer are true or not true. If the arbitrator or Civil Service
Commission finds the charges to be true, there is no authority to mitigate
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the punishment. If the arbitrator or Civil Service Commission finds the
charges to be not true, the officer shall be fully reinstated with no loss of
pay or benefit.
Arbitration Costs on Appealable Suspensions
In the event that an officer appeals a 1, 2 or 3 day suspension to arbitration, it is agreed
that the party that loses the arbitration shall be responsible for all costs of the arbitrator,
including travel and lodging if necessary.
To facilitate such payment on the part of the officer he shall submit, at the time of appeal,
a signed payroll deduction agreement that if the arbitrator rules in favor of the City he
authorizes up to one hundred dollars ($100.00) per month to be deducted from his regular
pay until such time as what would usually be the City's portion of the arbitrator's costs
have been satisfied.
nass
532a
5.16.25
Michael Chancellor, Assistant Chief of Police
Date
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.
Chilen Clary #92.7
05/16/2025
Police Officer Shalom Alvarez #9207
Date
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