Temporary Suspension of Police Officer John Hattaway

OF
Received by Civil Service
CERTIFICATE
Office on 6/5/25 @3:04 pm
by MT
MEMORANDUN
Austin Police Department
Office of the Chief of Police
TO:
Susan Sinz, Director of Civil Service
FROM:
Lisa Davis, Chief of Police
DATE:
June 4, 2025
SUBJECT:
Temporary Suspension of Police Officer John Hattaway #7994
Internal Affairs Control Number 2024-1188
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 John Hattaway #7994 from duty as a City of Austin, Texas police
officer for a period of ten (10) days. The temporary suspension is effective beginning on
June 4, 2025, and continuing through June 14, 2025.
I took this action because Officer Hattaway 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 Hattaway in violation of Rule 10:
On Saturday morning, November 23, 2024, Officer Hattaway was working an overtime
assignment in downtown Austin on a marked APD motorcycle. A vehicle driven by a
civilian motorist, Mr. T, and occupied by Mr. T his wife, Mrs. T, was traveling in the same
area. The Texas Longhorns played the Kentucky Wildcats in football at 2:30PM on
November 23, 2024, at Darryl K. Royal Texas Memorial Stadium, and downtown vehicular
traffic was consistent with fans traveling to the stadium area for parking and events.
On November 23, 2024, at approximately 11:37am, Mr. T and Officer Hattaway were
driving eastbound on 15th St: Mr. T was traveling in the left lane of traffic, Officer
Hattaway was in the middle lane to Mr. T's right. Mr. T approached the traffic light at
Guadalupe St and stopped his vehicle just past the crosswalk markings. Although the light
was green, the traffic on the other side of the intersection was stopped, not allowing Mr. T
to proceed without blocking the intersection.
As Officer Hattaway approached the intersection of 15th St. and Guadalupe St, a vehicle
turned left from westbound 15th St. to southbound Guadalupe St. in front of Mr. T and
entered the path of Officer Hattaway. As a reaction to the turning driver's failure to yield
right of way, Officer Hattaway utilized emergency braking to avoid a collision and, in the
process, stalled his motorcycle during this time, Officer Hattaway yelled profanities
which were audible by Mr. and Mrs. T through their closed windows.
Officer Hattaway stopped Mr. T in the 200 block of W. 16th St and issued him a warning
citation for Dangerous Stopping on Roadway. Throughout his initial interaction with Mr.
T, Officer Hattaway used unprofessional speech in the manner of cursing and yelling
at Mr. T due to his perception of Mr. T's culpability in their near collision with the
other seemingly at-fault motorist who was neither stopped nor cited.
More specifically, during his initial interaction with Mr. T, Officer Hattaway
screamed, "What the f*ck [expletive redacted] are you doin'? Do not do that. God
damnit. What a fuckin' stupid bike." "Mrs. T was in the front passenger seat of Mr. T's
vehicle and witnessed the entire interaction. During this timeframe Officer Hattaway
also stalled the motor on his motorcycle which ostensibly caused him further anger
and frustration. Mr. T began to move with the flow of traffic; Officer Hattaway, after
restarting his stalled motorcycle, caught up to Mr. T and initiated a traffic stop on his
vehicle. While signaling Mr. T to pull over with your emergency lights and air horn,
you again screamed at Mr. T to "[p]ull over."
Throughout his initial approach for the traffic stop and initial communications with
Mr. T, Officer Hattaway's tone and attitude appeared to be agitated, and his speech
was brusque. In his initial response, Mr. T nervously chuckled and unnecessarily
apologized for the situation in an apparent attempt to calm Officer Hattaway down and
bring calm to the situation after Officer Hattaway angrily explained the reason for the
stop, to which Officer Hattaway replied aggressively. "Is there - is there something
funny about it?" Mr. T replied in the negative, and Officer Hattaway continued: "Kay,
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why are you laughing?" Mr. T responded that "I didn't know what in the world what I
did wrong, I got an F-bomb yelled at me.
It bears noting that IA previously investigated Officer Hattaway in 2023 for his driving-
related conduct1 after becoming aware of video of Officer Hattaway yelling at another
motorist that was circulating online and eventually went viral, which resulted in his
receiving a five (5) day suspension held in abeyance pending successful completion of
Education Based Discipline (EBD) and counseling. Officer Hattaway successfully
completed the mandated EBD, and the Department mitigated his 5-day suspension to a
written reprimand.
The Officer of Police Oversight (OPO) received the following complaint from Mr. T:
"Please understand, I have never filed a complaint before. I respect the profession
immensely. I am a retired public school administrator who has worked extensively
with SROs in large and small districts in the area. My brother was a federal agent
working for the FBI, NASA, and finally retiring as an agent from Homeland
Security and the Department of Defense. I am currently an executive pastor.
Secondly, I only received a warning. I debated over filing a complaint, but I have
decided through prayer and seeking counsel, I need to do it. I truly did not want to
harm anyone's career or future, but I do need to speak up. Maybe the officer can
receive some help. The violation date is 11/23/2024 at 11:37am. The ticket number
is E17320374.
Officer Hattaway issued a warning for "dangerous stopping on road", court code
02710. This is incorrect, I did not debate this with him because of the unbelievable
demeanor in which he engaged with me.
Quick explanation: (See attached map) I was in the left lane in bumper to bumper
traffic on West 15th street heading east. The black dot on the map. This is on a UT
Football game day versus Kentucky with a 2:30 kick off. Traffic is literally crawling
and has been since crossing over Lamar Blvd. Traffic is extremely thick in this entire
area. As I slowly approach the intersection of West 15th and Guadalupe Street, I do
not place myself in the intersection for fear the light will turn red and I could get
stuck blocking the intersection. I have always practiced this to make sure I have
room on the other side of the intersection for my vehicle to be, once there is room I
continue to move across the intersection. (If I am doing something incorrectly,
please let me know. I feel like that if I was not able to clear the intersection when
the light turns red, I could receive a violation for impeding traffic. Again, if I am
wrong, please let me know.)
1
IA Case # 2023-0752
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While waiting for enough room for my vehicle to clear the intersection, a car
heading west on West 15th wanted to turn left (south) on Guadalupe. Since I wasn"t
keeping that car from turning left, they proceeded their left turn across the
intersection in front of any potential cars heading east in the other two lanes.
Evidently, Officer Hattaway was in the middle lane heading east and almost hit the
car pulling out in front of him or they almost hit him. I honestly did not see him. My
wife and I never saw anything that looked like a potential wreck, but maybe there
was.
Complaint: The first thing I do notice after the car makes its left on Guadalupe is
banging on the outside of vehcile on my passenger side and yelling to the top of his
lungs "WHAT THE FUCK ARE YOU DOING!" with a wild, red face look. The last
thing I imagined is that it would be a peace officer. He yelled it again, screaming
through the closed windows leaving no doubt what he was saying. I could not
believe it was a peace officer. It was just my wife in the car with me. My blood
pressure goes sky high because I did not appreciate the language, nor the manner
in which he approached me, extremely unprofessional and super confusing. I did
not feel like I had done anything remotely wrong and now I have a crazy person
imposing himself on the left side of my vehicle in the middle of heavy traffic. I was
legitimately confused.
I proceeded across the intersection and he got in behind me and turned his lights
on. My original destination was to arrive at my tailgating spot at the Stephen F.
Austin building across from the Bob Bullock Museum parking garage. Fortunately,
that was the next left. I pulled onto Lavaca heading North and moved to the far
right looking for the next side street to turn on. Again, this is slow, bumper to
bumper crawling. For the second time he screamed at me again (not sure if he used
profanity this time) to pullover into the bus lane on Lavaca. That is where I parked.
He came up to my window with a 180 degree different demeanor introducing
himself. Camera was on I am sure. My wife and I were actually very concerned at
this moment.
Officer Hataway obviously had an emotional hiccup. He was scared, He alluded to
a time when maybe he had been hit before. I was profusely apologetic if I put his
life in jeopardy and did not mean to scare him by my driving. I felt as if I was being
courteous and law abiding. He did give me a warning. I did not even begin to try
to state my side of what I did for fear that I could escalate a situation that was
already "off the charts" weird and concerning. Once he returned my DL and gave
me the warning, I shook his hand and wished him safety.
My wife and I prayed for him and just let it go for the rest of the evening. On our
way home, I asked my wife to make sure this was the Austin Police Department and
had her look at the paper warning. She saw his name, and just out of curiosity
googled it. Oh my word. He has had at least one other issue of major road rage in
the past. He was off duty in Garland, Texas and was videoed cussing out a lady
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driver for not letting him to oncoming traffic. The video went viral before anyone
even knew he was a police officer. The Austin TV station picked up on it and
reported on it. The police department was asked about the officer and what actions
had been taken. Evidently, he was placed on desk duty. The report alluded there
might have been another related incident that had happened as well prior to that
incident.
Therefore, I felt the need to file a complaint. I hate to do that. My wife and I are
very creditable. I am not trying to get out of a ticket. My conscience is making me
write this. My wife is fearful of potential retaliation and does not want me to speak
up. I feel I have to. Most likely, this would not have turned out well in my younger
years. I do know a lot of people who would not have been able to stay calm as
a
raging crazy person is asking WHAT THE FUCK ARE YOU DOING! It is not a
good reflection on the department or the profession. I had to speak up. I wished it
would have never happened.
I am concerned for his safety and for others who might come in contact with him.' "
The IA Investigation
On or about December 12, 2024, IA received an internal complaint. The complaint stated:
On November 23, 2024 at approximately 11;37 a.m., Officer Hattaway was
working an overtime assignment in downtown Austin. While Officer Hattaway was
travelling on his assigned Austin Police Motorcycle near the intersection of W. 15th
Street and Guadalupe Street, Officer Hattaway had an interaction with another
motorist where he used unprofessional speech. By his actions Officer Hattaway
possibly violated Austin Police Department policy. The subject who had the
encounter with Officer Hattaway contacted the Office of Police Oversight with his
concerns, reference 2024-1188.
The foregoing prompted an IA investigation into the actions and conduct of Officer
Hattaway during his interaction with Mr. and Mrs. T on November 23, 2024.
Mr. T's IA interview
On January 23, 2025, IA conducted an interview with Mr. T. In his statement to
Internal Affairs investigators, Mr. T described Officer Hattaway as follows:
"He's physical, like, the physical part of the officer [Hattaway], um, red
face, bulging veins in the neck, now that's the - when I first saw him. And,
um, uh, the first time I saw him was just him in the - in our window, in the
face of our window, screaming at us... 'What the fuck are you doing?"
When the Internal Affairs investigator asked Mr. T how Officer Hattaway's
approach to their interaction made him feel, he stated,
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"Oh my goodness, I mean, first - first off, completely shocked. And so just
someone screaming those - that language completely took me by surprise.
Um, I actually, to be honest, thought it was, like, maybe a homeless person
or something that had come up to our car and was just speaking crazy
language to us. There was no rhyme or reason for the conversation to
happen at all. So frightful, you know, I mean, adrenaline rush."
Mr. T went on to state the following about their initial interaction.
"He got in behind with his lights, wanting me to pull over. And then he
was yelling again, real adamantly for me to pull over. And I didn't really
think I had a safe place to pull over. It was a bus lane. And then all of a
sudden when he walked up to the window, it was like a completely different
person. Um, you know, my thought was, oh, now it's being recorded."
Mrs. T's IA Interview
On January 23, 2025, IA conducted an interview with Mrs. T. IA asked Mrs. T to describe
Officer Hattaway. Mrs. T described what she experienced and stated Officer Hattaway was
very angry and had a bulging blood vessel and shouted, "What the fuck are you doing?"
Mrs. T told IA she began praying and didn't want this to blow up and wanted to be calm.
She stated she prayed for them and for the officer and that he could calm down.
Mrs.
T
stated the word she used to describe Officer Hattaway is "rage" when she first saw him.
IA asked Mrs. T what her impression of Officer Hattaway was after the interaction.
Mrs. T:
Something's wrong. Um, something's not right for him and, uh
- because I've been stopped by police officers before and I've never
experienced that in my life. And so, um, it just - I've - I've taught for 31
years and I was thinking of kids that struggle with anger and some of
the things they've gone through, and I was trying to kinda think, maybe
it's this, maybe it's that. I was trying to think what - what could've
caused that much emotion in that small of a situation. So, um, that was
where I was headed and then I did - I - I - what's - I Googled, you know,
his name just to see, um, y- you know, has anybody else ever struggled
with this? Is this - is this a one-off or, um, is this a one-day thing? And
I - I did see the - uh, there was a video of a lady, um, in a car and he
was in a car beside her a truck or - and that - it was a while back. So
now I can't remember 'cause I just saw it that night. But, um, she didn't
feel safe. She was like, "What are you doing?" And he was - and she
said, "You've got kids with you." And I just remember that thinking, oh
gosh, he's got kids. Oh, I hope they're okay. Um, just wanting good for
the family, you know, more than anything, so. And just - and - and the
reason why I'm here, is because I-I want - I want good for our
community. I want good for the police department to - to keep their good
name. So I can keep saying that about my - to my grandkids and, um
-
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and I - and him to get obvious help, uh, anybody can be redeemed so
that's what I was thinking.
Officer Hattaway's IA Interview
On February 26, 2025, IA conducted an interview with Officer Hattaway. IA asked Officer
Hattaway, in retrospect, how he felt about his actions and words he used. He replied as
follows:
"In retrospect, I wish I hadn't used such strong language but, in the situation, it's
incredibly difficult to control words when you see yourself almost going to the
hospital. It - when you see - when you know other officers that have been hit by
cars, when you've been hit by cars yourself, it's a very - very serious thing."
IA asked Officer Hattaway after he emergency braked, at whom was he yelling. He stated
it was primarily Mr. T. IA asked Officer Hattaway who he would have stopped had both
vehicles been in the same proximity. He stated both drivers, since they both committed
violations that created an extremely hazardous situation. IA asked Officer Hattaway about
his use of profanity towards Mr. T.
IA:
Did you use profanities towards Mr.[T]?
HATTAWAY:
Yes. I did.
IA:
Do you think that would lead to a positive interaction or positive view?
HATTAWAY:
In and of itself, I think it would tend to give someone a negative
view. But when you look at the entire interaction, I think that's
something that can easily be explained, and it doesn't necessarily mean
that somebody's gonna have a negative view of the interaction.
Conclusion
I concur with the facts and conclusions in the NOSA and agree that Ofc. Hattaway should
be sustained for and temporarily suspended for the serious APD General Orders (GO)
violations contained in the NOSA, by at least the preponderance of the evidence. He should
be temporarily suspended for a multitude of individual and/or collective reasons. Ofc.
Hattaway's conduct during his interaction with Mr. & Mrs. T, including his use of
profanity, discredited himself and the Austin Police Department.
I believe I would be doing a disservice to the members of the greater Austin community if
I failed to temporarily suspend Ofc. Hattaway for at least ten days, as this is his second
driving-related conduct disciplinary action involving his acting discourteously
and
aggressively towards members of the public in the same number of years, both instances
bringing discredit to the Department. As an Assistant Chief, I take my responsibility to
uphold and maintain the public trust of the community we serve extremely seriously.
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While I appreciate that Ofc. Hattaway stated he would not engage in such conduct yet
again, I have no reason to confidently trust this to occur for a multitude of reasons. First,
Ofc. Hattaway did not self-disclose or self-report his interaction with Mr. & Mrs. T; rather
we learned about this incident upon receiving Mr. T's complaint. Further, he claimed
during his Disciplinary Meeting that he did not curse at Mr. T, and instead described his
initial use of profanity as an "excited utterance."
Relatedly and significantly, I noted that Ofcr. Hattaway declined to take responsibility for
any violation of Department policy, including GO 301.2: Impartial Attitude and Courtesy,
which I interpreted as Ofcr. Hattaway effectively asserting the following regarding his
interaction at issue with Mr. & Mrs. T, several of which are demonstrably inaccurate:
That he was "tactful in the performance of [his] duties," he "controlled [his] temper,"
"exercised patience and discretion", "did not engage in argumentative discussions", he
"treated [Mr. & Mrs. T] with dignity", was "courteous and respectful toward [Mr. & Mrs.
T]"; did not "belittle or shame them," and did "not use indecent or profane language or
gestures while interacting with, or in the vicinity of, members of the community" and-
given he was not injured, assaulted, nor experiencing any pain related thereto- that he
"used professional language at all times."
In sum, I as Assistant Chief of Police would be remiss in my duties and responsibilities to
protect the members of this community if I failed to take appropriate disciplinary action to
correct Officer Hattaway's repeated conduct violations. Therefore, after careful
deliberation and consideration of all of these factors, I have made the decision to
temporarily suspend Ofc. Hattaway effective immediately for a period of ten (10) days.
By these actions, Officer Hattaway 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 301.2: Responsibility to the Community:
Impartial Attitude and Courtesy
301.2 Impartial Attitude and Courtesy
Employees shall provide equal and fair protection of all rights under local, state,
and federal law for all members of the community. Law enforcement will be
conducted in an impartial and equitable manner.
In an effort to create an organizational culture that is inclusive and
nondiscriminatory, employees shall act professionally, treat all persons fairly and
equally, and strive to interact with the community in a positive manner. Employees
will perform all duties objectively and without regard to personal feelings,
animosities, friendships, financial status, occupation or employment status, sex,
disability status, housing status, mental health or ability, citizenship, language,
national origin, creed, color, race, religion, age, political beliefs, sexual orientation,
8
gender identity, gender expression, ethnicity, or social or ethnic background.
Employees will endeavor to understand and respect cultural, national, racial,
religious, physical, mental, and other differences.
(a)
Employees will not express or otherwise manifest any prejudice
concerning any of the categories or characteristics listed in this
section in a context or manner that would cause a reasonable person
to question the employee's fairness or impartiality related to the
performance of their duties.
1.
Employees will respect the rights of individuals and will not
engage in discrimination, oppression, or favoritism whether by
language, act, or omission.
2.
The use of remarks, slurs, epithets, words or gestures, which
are derogatory or inflammatory in nature to or about any
person or group of persons is strictly prohibited.
(b)
Employees will be tactful in the performance of their duties, control
their tempers, exercise patience and discretion, and shall not engage
in argumentative discussions even in the face of extreme
provocation.
(c)
Employees will treat all persons with dignity, will be courteous and
respectful toward all persons, showing consideration for the welfare
of all persons with whom they interact.
(d)
Employees will not ridicule, mock, taunt, embarrass, humiliate,
belittle, or shame any person, nor do anything that might incite that
person to violence.
(e)
Employees will not use indecent or profane language or gestures
while interacting with, or in the vicinity of, members of the
community. Officers are expected to use professional language at all
times, however, there may be intense circumstances in which the use
of profanity is an excited utterance and not intended to demean or
humiliate. These circumstances will be reviewed on a case by case
basis. Examples may include, but are not limited to, an officer being
injured, assaulted, or is experiencing pain.
(f)
Officers shall not encourage, condone, or ignore any of the
behaviors described in subsection (a)-(e).
Austin Police Department Policy 900.3.2: General Conduct and
Responsibilities: Acts Bringing Discredit Upon the Department
900.3.2 Acts Bringing Discredit Upon the Department
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Since the conduct of personnel both on-duty or off-duty may reflect directly upon
the Department, employees must conduct themselves at all times in a manner which
does not bring reproach, discredit, or embarrassment to the Department or to the
City.
(a)
Employees will not commit any act which tends to destroy public
confidence in, and respect for, the Department or which is
prejudicial to the good order, efficiency, or discipline of the
Department.
(b)
Employees will refrain from being a party to any malicious gossip,
rumor, report or activity, whether written or oral, that would tend to
bring discredit to the Department or any member thereof.
1.
"Malicious gossip, rumor, report or activity" includes
statements made with knowledge of their falsity or made
without regard to whether the statements are true or false.
(c)
Employees will not engage in any activity in which there is a
potential for conflict of interest or the appearance of a conflict of
interest with the lawful duties of the employee.
1.
"Conflict of interest" includes any activity which would tend
to influence a decision, create a bias or prejudice, or create a
gain or loss for any person or agency which would favor one
side or the other in conflict with the employee's official duties,
or which conflicts with the accomplishment of the
Department's mission or goals.
(d)
Employees will not congregate or loiter in any place or in any
manner as to bring discredit to the Department.
1.
No more than four (4) officers, uniformed or plainclothes, who
are identifiable as officers by the display of badges, police
radios, insignias, or any articles of clothing identifying them
as police officers, will congregate in a public place except
when required by official police duties or as authorized by
a
supervisor.
2.
Except as necessary to perform assigned tasks or as authorized
by a supervisor, the following restrictions apply to the number
of marked APD police units parked in a parking lot or near a
public place at any one time:
(a) No more than two (2) between the hours of 6:00 am and
10:00 pm, daily; or
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(b) No more than four (4) between the hours of 10:00 pm
and 6:00 am, daily.
By copy of this memo, Officer Hattaway 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 Hattaway 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.
pool 5329 (For CHIEF LISA DAVIS) 6.4.25
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.
Police 7 Hallow Officer John Hattaway 7994 #7994
6-4-25
Date
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