Waxahachie police officer Jimmy Davis has been placed on indefinite suspension for the second time in less than a year.
Documents obtained by the Daily Light indicate Waxahachie Police Chief Chuck Edge took the action May 23.
The indefinite suspension relates to an off-duty incident of a domestic nature that occurred in April at the Midlothian residence of another agency’s officer.
Edge previously told the Daily Light an internal affairs investigation was launched, with Davis allowed to remain on duty. Edge said he could not comment further at that time due to the matter being an ongoing investigation and a personnel issue.
Under Civil Service, police and fire jobs are permanent, and personnel may only be suspended. An indefinite suspension effectively ends an officer’s employment with an agency because there is no date of return.
In the notice of indefinite suspension, Edge cites several violations of departmental rules as cause for the suspension, including violation of rules, unbecoming conduct, immoral conduct, unsatisfactory performance (sworn officers), courtesy and employee responsibilities, general, which notes employees are “to maintain good moral conduct and to do their part in maintaining good relationships with the public, city officials, their supervisors and their fellow employees.”
In the notice, Edge writes of the incident, “This disturbance, involving you, the reason for the disturbance, and the necessary involvement of other area law enforcement entities, has brought this department into disrepute, and has reflected discredit on you and this department.
“The personal action surrounding your personal involvement with another officer’s wife has also brought this department into disrepute and has reflected discredit on you and this department,” the notice continues. “ … This public ‘airing’ of this event and its cause continue to reflect negatively on this department.”
Citing another rule, Edge writes, “Common sentiment is that while the state of Texas has not written adultery into the Penal Code, it does go against the accepted moral principles of the people of the state and this community. While fully recognizing the privacy issue that surrounds the private activity of two consenting adults, adultery is contrary to accepted moral standards.
“When this department, in fact this entire community, was pulled into your ‘private activity,’ the moral standards of this department, the law enforcement profession and this community as a whole do come into play,” Edge wrote. “Unfortunately, the department has suffered disrepute because of your actions.”
Edge also cites previous discipline received by Davis as a factor in his decision to indefinitely suspend him.
Davis’ previous suspension, relating to his knowledge of a former Waxahachie police officer’s involvement with a 2005 murder/arson case, was reduced to a 61-day suspension through an agreement between Davis and the department. Davis was suspended in June 2006 and returned to work in October.
Davis also received a written reprimand in November 1999 for conduct prejudicial to good order.
Under Civil Service, Davis can appeal the indefinite suspension to either the city’s Civil Service Commission or an independent, third-party hearing examiner.