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Officer Gary J. Donivan, #0355 Sen non fale Deparment ay % Sen Antonia, ets %, a, Fire Fighters’ and Police Offices’ ey 111 Soledad Site 123 cn San Antonin Tens 78205 he AGREED SUSPENSION AND SETTLEMENT AGREEMENT ‘Commissioners and Officer Gary J. Donivan: WHEREAS, Officer Gary J. Donivan, pursuant to Article XXVIII, Section 2 of the Collective Bargaining Agreement by and between the City of San Antonio and the San Antonio Police Officers’ Association, was served on September 19, 2016, with a contemplated indefinite suspension; and WHEREAS, pursuant to said contract, Officer Donivan was given an opportunity to rebut those charges being brought against him to Police Chief William P. McManus; and WHEREAS, said opportunity was exercised by Officer Donivan; and WHEREAS, Officer Donivan and Chief McManus have agreed to reduce the discipline inthis ‘matter to & ten-day suspension without pay; NOW THEREFORE: ‘The undersigned parties hereby enter into this suspension agreement wherein it is provided that Officer Donivan shall be suspended without pay ftom the San Antonio Police Department for a period of ten days, commencing on January 17, 2017 and ending on January 26, 2017. This suspension is being delayed because Officer Donivan has filed papers to retire in Tenuary 2017 and by that date, he will have earned sufficient leave in order to cover the ordered suspension ays._In consideration of this reduced suspension, Officer Donivan hereby agrees that he will retire from the SAPD effective January 27, 2017. Officer Donivan waives any rights to appeal this Agreed Suspension and agrees no administrative or judicial body shall have power to review this Agreed Suspension or alter the terms of this agreement Officer Donivan has violated Subsection C of Rule XII of the City of San Antonio Fire Fighters’ and Police Officers’ Civil Service Commission Rules, said rules having been adopted on February 23, 1998, and thereafter from time to time ansended, by the Fire Fighters’ and Police Officers’ Civil Service Commission as the Civil Service Rules for the Fire and Police Departments of the City of San Antonio. The particular civil service rules violated by Officer Donivan and grounds for suspension are as follows: (12) Violation of an applicable fire or police department rule or special oder. ‘The Rules and Regulations and Procedures ofthe San Antonio Police Department which Officer Donivan has violated areas follows: RULE 3.04 - RESPONSIBILITY TO SERVE THE PUBLIC: Members shall serve the public through direction, counseling, assistance, and protection of life and property. Members shall also respect the rights of individuals and perform their services with hhonesty, sincerity, courage, and sound judgment. (C) CONDUCT AND BEHAVIOR: Members, on-or off-duty, shall be governed by the ordinary and reasonable rules of good conduet and behavior, and shall nt commit any act tending to bring reproach or discredit ‘on themselves or the deparment. [RULE 3.25 - TRAFFIC STOPS WHILE NOT IN UNIFORM (8) ON-DUTY: On-duty officers, not in uniform, may make traffic stops only when their assignment requires such trattic stops and when such traffic stops are approved by their division commander in writing. In such cases, the vehicle used in making the traffic stop shall have an emergency light prominently displayed and a sien as required for emergency vehicles by the Texas Motor Vehicle Laws. PROCEDURE 309 - WEAPONS (09) _ GENERAL. INFORMATION FOR PERSONALLY-OWNED HANDGUNS, OR SHOULDER WEAPONS (A) All personally-owned firearms, carried on or off-duty by officers, must be approved by the FPCO, and registered with the Department prior tothe officer carrying the firearms. Officers shall register personally-owned firearms with the FPCO or his designee by completing SAPD Form #60-RCF, Request to Carry Firearm. ‘The factual basis for the instant disciplinary suspension is as follows: On or about June 27, 2016, Officer Gary J. Donivan was on duty, in plainclothes, and was traveling to the San Antonio Police Training Academy in his personal vehicle when he became involved in a “Disturbance (gun involved)” Officer Donivan came to a stop in the fast lane of traffi, causing the driver of an I8.wheeler to stop in the waffic lane as well. Officer Donivan exited his vehicle, brandished a Colt 357 caliber revolver, and detained the driver at gunpoint first in an active lane of traffic on the highway, and then along the left shoulder of the roadway, until uniformed law enforcement officers arrived on the scene.” Officer Donivan’s actions violated a number of rules and procedures of SAPD! 1. This action on Officer Donivan’s part constituted a prohibited trae stop; 2. Officer Donivan was not authorized while on duty, to carry the Colt 387 caliber revolver in is possession; 3. Officer Donivan failed to use sound judgment, and by his actions during the incident, placed himself and others at an ‘unreasonable risk of harm; 4. Officer Donivan’s conduct and actions during the incident ‘brought reproach or discredit on himself and the deparment A copy of the instant disciplinary suspension order is being filed wit: the Fire Fighters’ and Police Officers’ Civil Service Commission. AGREED TO BY: (2-141 wit fee Date CHIEF OF POLICE SAN ANTONIO POLICE DEPARTMENT VALORES _ LEL4, wofteo TER OARY J DONIVAN, 0555 Date SAN ANTONIO POLICE DEPARTMENT | hereby acknowledge receipt of the original of the foregoing Agreed Suspension. I acknowledge having received notification that [have fifteen days from the date of receipt of this suspension during which to file a written appeal of this suspension with tae Personnel Director of the City of San Antonio requesting either arbitration or the hearing of my appeal by the Fire Fighters’ and Police Officers’ Civil Service Commission, I acknowledge that I have been informed that if I appeal to a hearing examines/arbitrator, I waive all rights to appeal to a district ‘court except as provided by subsection 143.0874) ofthe Texas Local Government Code. I also acknowledge that T have been informed that my right to appeal the decision of a hearing ‘examiner/arbitrator to district court pursuant to section 143.057 of the Texas Local Government Code may have been modified by the provisions of article 28 of the current Collective Bargaining Agreement by and between the City of San Antonio and the San Antonio Police Officers” Association, I further acknowledge that in light of my entry into this Agreed ‘Suspension, I shall have no right to appeal said suspension nor will any edministrative or judicial body have power to eview same or alter its terms. I do hereby waive any and all rights to appeal said suspension and no administrative or judicial body shall have power to review same or alter its terms, 4 pues (CER GARY DONIVAN, WS SAN ANTONIO POLICE DEPARTMENT WITNESSED BY: srime:_24e/ pave:_<2/ ie ZR ve:_140S tes ates_12-14-L ty FILED on this the Le day of Weer ber 2016, with the Fire Fighters’ and Police Officers’ Civil Service Com thor Tike NCitint aNb POLE OFFICERS” CIVIL SERVICE COMMISSION oe py Oy CITY OF SAN ANTONIO “one, og NOTICE OF SUSPENSION Me OFFICER MUSTSIGN THIS FORMEVEN IF FoRFEITING TIMES EMPLOYEE NAME: _Olficer Gaty J. Donivan, #0353 ACTIVITY NO. AND NAME: _17-02-05 Police JOB CLASS NO. AND TITLE: _0600 Police TRANS] [SOCIAL SECURITY] [IKANSDATE | [“BEGINDATE DATE NOMTYPE NUMBER ¢ 16 18] | 20 22 24 || 26 28 30 1 4] |s ; Mo DA yr ||MO DA_yR| |MO DA ¥R T P50 3 pope be bs fp pt | fe 2s NUMBER OF ] [LASTPAY | [TYPE | [REASON 32_DAYS 35_inpic_| [36 3739 30 10 ox NARRATIVE REMARKS: Agreed Ten-Day Suspension AUTHORITY: Written Order of the Chief of Police Mp dase DATE Milks — Ca ed: Officer Reynaldo Busts, #1107 “Nn, San Antonio Police Department Poe San Antonio, Texas ne, Fire Fighters" and Police Officers’ Civil Service Commission 111 Soledad, Suite 123, San Antonio, Texas 78205 Commissioners and Officer Reynaldo Bustos: ‘Under and by virtue ofthe euthorty vested in me by Title 5, Subtile A, Chapter 143 of the Local Government Code, V-T.C.S,, said chapter entitled “Municipal Civil Service”, | do hereby suspend Officer Reynaldo Bustos from paid duty with the San Antonio Police Department for a period of one calendar day, commencing on January 22, 2017, and ending on January 22, 2017, Officer Bustos has violated Subsection C of Rule XIII of the City of Sen Antonio Fire Fighters’ sand Police Officers’ Civil Service Commission Rules, said rules having been adoptec on February 23, 1998, and thereafter from time to time amended, by the Fire Fighters’ and Police Officers’ Civil Service Commission as the Civil Service Rules for the Fire and Police Departments of the City of San Antonio. The particular civil service rule violated by Offcer Bustos and ground for suspension is a follows: (12) Violation of an applicable fire or police department rule or special order. ‘The Rules and Regulations of the San Antonio Police Department which Officer Bustos has violated are a follows: RULE 3.18 - CITY EQUIPMENT/PROPERTY (A) IMPROPER OR NEGLIGENT HANDLING: Improper or negligent handling fof any city property or willful damage to city property is prohibited ‘The factual basis for the instant disciplinary suspension is as follows: (On or about August 15, 2016, at approximately 12:23 am., while ‘on duty and operating 2 city-owned vehicle inthe 7500 block of [N.W. Loop 410, Officer Reynaldo Bustos negligently struck @ cconetete retaining wall and thee trash dumpsters. ‘The level of this suspension is based upon Officer Bustos’ cumulative point total for this accident and other chargeable accidents within the twenty-four month period prior to this accident as per Procedure 303.17 ofthe San Antonio Police Department General Manual ‘A copy of the instant disciplinary suspension order is being filed with the Fire Fighters’ and Police Officers’ Civil Service Commission. Wy LL Ld f I-49 WILLIAM. MCMANUS, CHIEF OF POLICE DATE SAN ANTONIO POLICE DEPARTMENT I hereby acknowledge receipt of the original of the foregoing one-day suspension. I acknowledge having received notification that I have fifteen days from the date of receipt of this suspension during which to file a written appeal ofthis suspension with the Personnel Director of| the City of San Antonio requesting either arbitration or the hearing of my appeal by the Fire Fighters’ and Police Officers’ Civil Service Commission. I acknowledge that I have been informed that if| appeal toa hearing examines/erbitrator, I waive all rights to appeal to a district court except as provided by subsection 143.057() of the Texas Local Government Code. I also acknowledge that I have been informed that my right to appeal the decision of a hearing cexamines/arbitrator to district court pursuant to section 143.057 of the Texas Local Goverment Code may have been modified by the provisions of article 28 of the Collective Bargaining ‘Agreement by and between the City of San Antonio and the San Antonio Police Officers’ ‘Association Wis _,w_2z24s— OFFICER REYNALDO BUSTOS, #1107 DATE TIME SAN ANTONIO POLICE DEPARTMENT on Sc st sene DATE:_jue-IS TIME: 22 rtey Glog Castel owe LiSLLT vo18;_ AYE Ho ia FILED on this the 19M aay 2017, withthe Fire Fights’ and Police Offcer® Civil Sevice Comission tind r os WY ‘DIRECTOR, FIRE FIGHTERS” AND POLICE OFFICERS” CIVIL SERVICE COMMISSION CITY OF SAN ANTONIO Walton, NOTICE OF SUSPENSION POC Oye, “OFFICER MUST SIGN THIS FORM EVEN IF FORFEITING TIME* EMPLOYEE NAME: _ Officer Reynaldo Bustos, #1107 ACTIVITY NO. AND NAME: _1 Pol JOB CLASS NO. AND TITLE: _0600 Pol [TRANS ) [SOCIALSECIRITY) [7 BEGINDATE | [_ ENDDATE NOMTYPE ‘NUMBER @ 16 18] | 20 22 24| | 26 28 30 1 4] [5 Mo pa_yr||mo pa yr| [Mo DA yr T P50 3 J Jor jaz ja7 or f22 fi7 | lor f22 fiz L J} NUMBER OF ] [LASTPAY | [TYPE | [REASON 32_DAYS 35_mpic_| |36 3739 30 a on NARRATIVE REMARKS: One-Day Suspension AUTHORITY: Written Order ofthe Chief of Police P1104 LO11 EMppOvEE DATE LLL to) CITYMANAGER LEAVE FORFEITURE FOR SUSPENSION REQUEST _ zi JeN20. To: Chief of Police of From: waldo Bustos Moz \ % Date: las i7 % N Copies to: Accounting, Budget and Personnel, Pension Board, File 1, Reywaldo BvS7S rerery agree'o tha. suspension received on__|/ 15-7177 __and request to forfeit leave time in lieu of serving the disciplinary suspension, day disciplinary Type ofteave fortetec: Z-Vacation 1 Compensatory Time 1 Hoty 1 Bonus bay A. Aipez fivika JAN 1 8 2017 ‘The Chief of Police is not prohibited from denying this request. SAD Rott ogo) Sergeant David M, Perry, #3158 is OF SAM ANT ‘Stn Antonio Police Department Sen Antoni, Texas wm FE? -3 PH Fire Fighters" and Police Officers’ Civil Service Commission 111 Soledad, Suite 123 Sen Antonio, Texas 78205 AGREED SUSPENSION Gentlemen and Sergeant David M. Per! WHEREAS, Sergeant David M. Perry, pursuant to Article XXVIL, Section 2 of the Collective ‘Bargaining Agreement by and between the City of San Antoni and the San Antonio Police Officers’ ‘Assocation, was served on Novernber 7, 2016, witha one-day contemplated suspension; and WHEREAS, pursuant to said contract, Sergeant Perry was given an opportunity to rebut those charges being brought aginst him o Police Chef William P, MeManus nd WHEREAS, sid opportunity was exercised by Sergeant Perry; end WHEREAS, Sergeant Perry and Chief MeManus have agreed tat the discipline in tis mater shall be 2 ‘one-day suspension without pay; NOW THEREFORE: ‘The undersigned parties hereby enter into this suspension agreement wherein it is provided that Sergeant Perry shall be suspended without pay from the San Antonio Potce Department for a period of one day. ‘The one-day suspension of Sergeant Perry shall be probated and he shall have to serve the suspension if he is involved in another negligent accident within twelve momhs of August 27, 2016. Sergeant Perry ‘waives any rights to appeal this Agreed Suspension and agrees no administrative or judicial body shell have power to review this Agreed Suspension orate the terms ofthis agreement. Sergeant Perry has violated Subsection C of Rule XIII of the ity of San Antonio Fite Fighters" and Police Officers" Civil Service Commission Rules, sui rules having been adopted on February 23, 1998, and thereafter ffom time to time amended, by the Fire Fightrs’ and Police Officers’ Civil Service (Commision a the Civil Service Rule forthe Fire and Police Departments of the City of San Antonio, ‘The particular civil sevice rules violated by Sergeant Perry and grounds for suspension areas fllows: (12) Violation of an applicable fire or police department rule or ‘The Rules and Regulations and Procedures ofthe Sen Antonio Police Department which Sergeant Perry has violated ar as follows RULE 3.18 - CITY EQUIPMENT/PROPERTY (A) IMPROPER OR [NEGLIGENT HANDLING: Improper or negligent handling of any city ‘property or wilful damage to city property i prohibited “The factual bass forthe instant disciplinary suspension sas follows (On or about August 27, 2016, at approximately 6:50 prm., while on duty and operating a city-owned vehicle in te 13000 block of IH 10W, Sergeant David M. Perry negligently struck two poles. The evel ofthis suspension i tased upon Sergeant Pe’ cumulative polo this ind Siegel acest wth se tener math peed py eee apt Prvere 50516 he Sn Aono Poe Deparoen Gene! Man hier b ‘A copy of the instant disciplinary suspension order is being fled with the Fire Fighters’ and Police Ofticers* Civil Service Commission, AGREED TO RY Uf Mh U Wl 1 f otf weh7 one ola 1334 STENTS PINE oat SAN ANTONIO POLICE DEPARTMENT hereby acknowledge receipt ofthe original ofthe foregoing Agreed Suspension I acknowledge having, received notification that [have fiteen days ffom the date of receipt of the instant suspensicn during ‘which o file a written appeal ofthis suspension withthe Personnel Director ofthe City of San Antonio requesting either arbitration or the hearing of my appetl by the Fire Fighter” and Police Offices’ Civil Service Commission. 1 acknowledge that 1 have been informed that if I appeal to a hearing ‘examinerarbator, T wave all rights t appeal to a distict court except as provided by subsection 143.0576) ofthe Texas Local Government Code. I algo acknowledge that Ihave been informed that my: right to appeal the decision ofa hearing examinerfarbitrator to dstriet court pursuant to section 143.057 of the Texas Local Government Code may have been modified by the provisions of article 28 of the curreat Collective Bargaining Agreement by and between the City of San Antonio and the San Antonio Police Officers’ Association. I further acknowledge thet in ight of my entry int this Agreed Suspension, | shall have no right fo appeal std suspension nor will any administrator judicial body have power to review same or alter its terms. T do hereby waive any ‘suspension and no administrative or jicial body shall have power to review SERGPANT DAVID MPRRRY, HISt SAN ANTONIO POLICE DEPARTMENT me LY are. Gf a/fg oe. (335 oam_of (at (4 Denttistte J ayor_ Cau 2017, with the Fice Fighters’ and Polise Officers’ Civil Service Commission DIRECTDR, FIRE FIGHTERSCAND POLICE OFFICERS" CIVIL SERVICE COMMISSION

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