Memorandum DATE 0 supsecr CITY OF DALLAS May 20, 2010 David O. Brown, Chief of Police Executive Briefing City Attomey Review N Control Number 2010-053 Probationary Period N. DATE OF DATE OF CURRENT EMPLOYEE (S) ID# APPOINTMENT ASSIGNMENT _ DIVISION Michael Walton 6530 (09/26/90 05/16/07 Special Investigations SYNOPSIS: On February 10, 2010, Detective Walton worked an off-duty job in Grand Prairie, Texas. Detective Walton told his supervisor, Sergeant Tony Takats, #4549, Special Investigations Division, that the location of the job was in the city limits of Dallas. Asa result, this investigation was conducted. Detective Walton stated that he told Sergeant Takats that his off-duty job would be driving an NBA player to different locations in Dallas, but was unsure of the exact locations since he did not have the itinerary for the player. Sergeant Takats stated that he asked Detective Walton if his off-duty job would take him outside the city limits, and Detective Walton said “No.” Sergeant Takats also informed Detective Walton that he was not to leave the city limits of Dallas unless it was authorized through the proper channels. Sergeant Lance Hunter, #6718, Special Investigations Division, was in the office when Sergeant Takats asked Detective Walton if his off-duty job would take him outside the city limits of Dallas. Sergeant Hunter heard Detective Walton say “No.” Lieutenant Dwyer informed Detective Walton that he was not to leave the city limits or work where alcohol was being served. Upon realizing that Detective Walton filled out his Application for Special Duty Card with incorrect information, Sergeant ‘Takats called Detective Walton to get the correct information, Detective Walton then sent Sergeant Takats a text message stating he would be at “ida Hooe Elementary” at noon, Sergeant Takats called Lida Hooe Elementary School (located at 2419 Gladstone Drive, Dallas, Texas) and was informed that no NBA player was scheduled to be at the school. After speaking with Detective Walton’s employer, Sergeant Takats learned that Detective Walton's off-duty employment required him to be at Farrell Elementary School in Grand Prairie at 10:00 A.M. Sergeant Takats and Sergeant Hunter then CONFIDENTIALDisciplinary Decision May 20, 2010 Control Number 2010-053 Page 2 of 3 drove to the Grand Prairie location and found Detective Walton to get the proper paperwork completed for the off-duty job. + The following is a timeline of the incident: February 9 — Several times during the day Sergeant Takats asks Detective Walton for information about the extra job. February 10 ~ 5:20 a.m. ~ Detective Walton calls Sergeant Takats and tells him he will be coming into the office to complete an extra job card. February 10 ~ 7:00 am. - Detective Walton completes and submits an Application for Special Duty card, February 10 — belween 7:00 a.m. and 8:00 a.m. ~ Chief Brown speaks to Sergeant Takats and tells him to have Detective Walton follow all procedures. Sergeant ‘Takats tells Detective Walton to provide him with an itinerary for the job and not to leave Dallas city iimits, February 10 - 9:00 a.m. - Sergeant Takats notices that Detective Walton's Application for ‘Special Duty card was filled out incorrectly. Sergeant Takats calls Detective Walton to clarify and Detective Walton tells him he will send him the information. February 10 ~ 9:25 a.m. - Sergeant Takats receives a text message from Detective Walton about “Ida Hooe" Elementary at noon February 10 - Between 9:25 a.m. and 9:45 a.m. - Sergeant Takats speaks to a person at Lida Hooe Elementary and learns they are not expecting an N.B.A. player's appearance. Sergeant Takats then speaks with the Dallas Mavericks staff to get an itinerary. Sergeant Takats learns that Jason Terry is scheduled to be in Grand Prairie at 10:00 a.m. February 10 — between 10:00 a.m. and 11:00 a.m, ~ Sergeant Takats and Sergeant Hunter drive to Grand Prairie to speak with Detective Walton and get him to sign a “Request for Permission for Outside Employment, Other Than Police Duty’ form. There is one allegation against Senior Corporal Michael Walton, #6530. 1, It is alleged that on February 10, 2010, Detective Michael Walton, #6530, gave verbal, inconsistent, conflicting, or misleading statements. FINDING! Allegation #1 is Sustained. RULE VIOLATIONS, CATEGORIE: DALLAS POLICE DEPARTMENT CODE OF CONDUCT-CHAPTER VIIL |L. CRIMINAL, JUDICIAL, AND ADMINISTRATIVE INVESTIGATIVE, ACTIONS 8.5 Employees will not give verbal or written inconsistent, conflicting, or misleading statements regarding their conduct or performance. CONFIDENTIAL en rso.o18 Dallas The Cy That Works: Diverse, Vibrant, an Progressive” surooinsDisciplinary Decision May 20, 2010 Control Number 2010-053 Page 3 of 3 PRIOR DISCIPLIN 06/29/93 — False, Fictitious Report/citation — Supervisor’s Report 12/10/93 — Discourtesy to Public — Supervisor’s Report 07/19/96 ~ Profane Indecent Language ~ Suspended 1 Day 09/24/99 — Failure to follow established procedure ~ Supervisor’s Report 06/10/02 ~ Traffic Accident, Preventable ~ Documented Counseling 10/30/02 Traffic Accident, Preventable — Suspended 1 Day 09/03/08 ~ Disrespectful to a Supervisor ~ Supervisor’s Report 09/03/08 ~ Disobeyed a direct order ~ Supervisor’s Report RECOMMENDATIONS: Sergeant Tony Takats, #4549 - 2 Day Suspension Lieutenant Richard Dwyer ~ 2 Day Suspension Deputy Chief Genovesi - 2 Day Suspension Dorit Serge ‘Naney S. Kirkpatrick Deputy Aine 77 Intemal Affairs Division Administrative Bureau CONFIDENTIAL Dallas, The City That Works: Diverse, Vibrant and Progeesive"INTERNAL STATEMEN Control Number: CN2010-053 Date: March 30,2010 Time: 8:30 A.M. Place: 1400 S. Lamar Street I, Detective Michael Walton, #6530, am giving this statement at the direction of Detective Keith Geissler, 8315, who has identified himself as a Peace Officer of the City of Dallas and is conducting an Internal Investigation. He has ordered me to submit this Internal Statement as required by General Orders, describing my actions during the incident of any knowledge that I have of the incident, He has informed me that my failure to do so may subject me to disciplinary action, including discharge from employment with the Dallas Police Department, ‘He has informed me that any information or evidence which is gained through this statement cannot be used against ‘me in any criminal proceeding, except that I may be subject to any false statement which I make in this statement, He has also informed me that | am required to be truthful in my statement and if itis determined that I have been Uuntruthful in my responses, I could be subject to disciplinary action up to, and including, discharge from ‘employment with the Datlas Police Department. In response to this lawful order I submit the following to the Chief of Police. On February 08, 2010, I received several calls from officers about their off-duty jobs with NBA players being denied by Chief Elliston and Waldrop. I contacted Chief Kunkle, and asked him what was going on. Chief Kunkle stated that he did not know anything about jobs being denied. Chief Kunkle asked me to call Chief Waldrop or Brown, and ask them about it. I Informed Chief Kunkle that this needed to be handled by him. Chief Kunkle then made the calls to the other chiefs to ask about way the jobs were being denied. Chief Kunkle called me back later on February 08, 2010, and informed me that the jobs would be approved to work with the NBA players escorting them to different location. February 10, 2010 @ 5:51am, I emailed Chief Kunkle asking him to call my Sgt., Tony Takats, and advise him that it was ok for me to work an off-duty job with an NBA player. I drove to Central Investigative and met with Sgt. Takats to fill out all paperwork necessary to do the job. While I was there, Chief Brown called on behalf of Chief Kunkle and advised that the job was approved. 1, What did I tell Sgt. Takats about where your extra job would be located? * I told Sgt. Takats that I would be driving an NBA player to different locations in Dallas. I did not have an itinerary as to when and where I would be going. 2. Did you send Sgt, Takats a text message saying you would be at Lidaho Elementary School? * Yes. I said I would be at the school at noon on 2/10/2010. Page 1 of 3 (OCONFIDENTIAL artacument 2_