PUBLIC RECORDS INFORMATION ALL CASE ELEMENTS SUBJECT TO NONDISCLOSURE HAVE BEEN REMOVED IN ACCORDANCE WITH THE TEXAS PUBLIC INFORMATION ACT (TX GOV’T CODE CH 552) DATE: 03/20/18 BY: SC C1482 TO: E. Perez IA13-277 CASE REPORT El Paso Police Department Internal Affairs Division I. Case No.: IA13-277 Allegation: Administrative Complainant: Chiefs Office CASE INFORMATION Date of Incident: Date Reported: Date Received in IAD: Location of Incident: May 11, 2013 May 20, 2013 May 21, 2013 TxDot Assignment, El Paso, Texas II. DISCIPLINARY TIME TABLES There are no criminal allegations in this investigation. Therefore, the 180 day rule is applicable for disciplinary action, if any, in this case. The 180th day is November 07, 2013. III. ALLEGATIONS Officer David Amparan #2173 Allegation: On or about May 11th, 2013, Officer David Amparan #2173, engaged in conduct that was derelict when he failed to complete his exra-duty assignment with TxDot as scheduled for said assignment. Responses #1 Complainant: Chiefs Office: Supervisors Daily Log. A/E Officer David Amparan #2173; see his statement. #2 Complainant: page 1 paragraph 2. A/E Officer J. Munoz: Pg 1 #1; pg 4 #10, IV.    FACTS NOT IN DISPUTE Officer Amparan voluntarily agreed to work and extra-duty assignment with kTxDot on 05-11-2013 Officer Amparan left the same assignment before the scheduled time of conclusion. Officer Amparan was given permission by Sgt. Hernandez to leave the assignment to avoid violating the 25-hour rule. V. RELEVANT POLICIES, PROCEDURES, RULES & APPLICABLE LAW The issues in the investigation revolve around the acts or omissions of Accused employee Officer David Amparan #2173, while on-duty. As such, the relevant policies, procedures, rules and applicable law are as follows: SD973 PUBLIC RECORDS INFORMATION ALL CASE ELEMENTS SUBJECT TO NONDISCLOSURE HAVE BEEN REMOVED IN ACCORDANCE WITH THE TEXAS PUBLIC INFORMATION ACT (TX GOV’T CODE CH 552) DATE: 03/20/18 BY: SC C1482 TO: E. Perez Page 1 of 3 IA13-277      VI. Rule 4, et. Seq., El Pso Police Department Procedures Manual Addendum. Section 5-501.01 (e) and (f), El Paso Police Department Procedures Manual City of El Paso Civil Service Rule 8 et seq. Any other relevant El Paso Police Department policy, procedure, rule and/or regulation. Any other relevant City of El Paso, including Civil Service Rules and Regulations, policy, procedure, rule and /or regulation. Timeline of event: N/A VII. If video or audio involved: N/A VIII. STATEMENTS -Complainant: Chiefs Office -Civilian Witnesses: N/A -Sworn Witnesses: N/A -Sworn Accused: Officer David Amparan #2173 (No Association Representative present during interview) IX. EVIDENCE/PHOTOGRAPHS  Log Sheet for Officer Amparan dated 05-11-2013.  Copy of Overtime work schedules for TxDot 05/05/13.  Copy of Overtime work schedules for Operation Stone Garden 05/07/13.  Copy of Overtime work schedules for TxDot 05/11/13.  E-mails giving notice of work assignments available, reply from A/E. X. INVESTIGATOR NOTES: 05-28-13 Undersigned received this case on this date. This case was assigned on 05-24-13 by Sgt. Carrilo. The A/E is Officer D. Amparan. Included with the case: -Supervisors Daily Log dated 11-13-12 with indicent date of 5-11-13. -E-Mails -Overtime report -Overtime request Tx-dot date of 05/05/13 -Overtime request Operation Stone garden date of 05-07-13 -Overtime request Tx-Dot date of 05-11-13 -Officer Amparan #2173 Daily Activity Report date of 05-11-13 -Txdot Attachment A -Txdot Attachment E -Supervisors Daily Log dated 11-13-12 with incident date of 10-27-12 for arriving 1 hour 40 min. late. -Undersigned prepared case folder. SD973 PUBLIC RECORDS INFORMATION ALL CASE ELEMENTS SUBJECT TO NONDISCLOSURE HAVE BEEN REMOVED IN ACCORDANCE WITH THE TEXAS PUBLIC INFORMATION ACT (TX GOV’T CODE CH 552) DATE: 03/20/18 BY: SC C1482 TO: E. Perez Page 2 of 3 IA13-277 06-12-2013 Undersigned met with A/E Amparan and he was provided with a copy of the PID, 1st Notice forms, gag orders and allegations and an interview was conducted and a type written statement obtained. This case was presented to Chief Gardner solely on the single statement obtained from accused Officer David Amparan # 2173. The case was sustained on Violation of Rule 4, and Officer Amparan received Divisional Counseling (Category A). Undersigned took the case paperwork to Chief Gardner to be signed as instructed by Director Jennifer Callan. Chief Gardner signed paperwork. Case returned to Director Jennifer Callan. 06-13-2013 Summary completed. The case was returned to undersigned case was scanned and filed. SUBMITTED BY: Detective Salvador Dominguez #973 Internal Affairs Division El Paso Police Department SD973 PUBLIC RECORDS INFORMATION ALL CASE ELEMENTS SUBJECT TO NONDISCLOSURE HAVE BEEN REMOVED IN ACCORDANCE WITH THE TEXAS PUBLIC INFORMATION ACT (TX GOV’T CODE CH 552) DATE: 03/20/18 BY: SC C1482 TO: E. Perez Page 3 of 3 PUBLIC RECORDS INFORMATION ALL CASE ELEMENTS SUBJECT TO NONDISCLOSURE HAVE BEEN REMOVED IN ACCORDANCE WITH THE TEXAS PUBLIC INFORMATION ACT (TX GOV’T CODE CH 552) DATE: 03/20/18 BY: SC C1482 TO: E. Perez