Commission accepts 10-year suspension for peace officer Michael D. Hambrick after debate over revocation

The Texas Commission on Law Enforcement voted 8–1 on Thursday to accept an administrative law judge’s proposal for decision recommending a 10-year suspension of Michael D. Hambrick’s peace officer license following a conviction resulting in community supervision for indecent assault, a Class A misdemeanor.

Assistant General Counsel Heath presented the case and summarized the ALJ’s findings: the ALJ determined Hambrick committed an offense above a Class C misdemeanor, found aggravating factors including a breach of trust and conduct involving a minor, and concluded that a 10-year suspension was proportionate. “The ALJ finds that because the level of aggravating factors in this case, the 10 year suspension…is proportionate and justified,” Heath told the commissioners.

Commissioner Patricia Burrows argued the offense was serious enough to warrant revocation under the commission’s revocation standard and read the relevant factors for revocation, including the nature of the crime, its relationship to licensed duties, and the risk the license poses for further harm. “I cannot, in good conscience, vote to only suspend the license of Mr. Hambrick,” Burrows said during deliberations.

Commissioner Burrows and others pointed to the ALJ’s findings describing grooming, coercion and a violation of public trust. Commissioner Burrows said the offense involved “trust, violation of that public trust, a mother’s trust, the victim’s trust.” Assistant General Counsel John McDee explained the commission has discretion in sanction but noted legal and notice constraints: the commission is generally bound by the ALJ’s findings of fact under the Administrative Procedure Act unless clearly erroneous, and revocation standards have historically been applied for offenses like official oppression or theft by a public servant.

Several commissioners said they were deeply disturbed by the facts but were constrained by the current rules and record before them. Commissioners asked staff to study possible rule changes to bar reinstatement or to expand revocation standards for offenses against children and similarly serious misconduct; staff indicated they could return with proposed rule options for consideration at a future meeting.

A motion by Commissioner Justin Barry to accept the ALJ’s proposed decision and impose a 10-year suspension was seconded by Commissioner Connor Harvey and passed on a roll-call vote recorded with eight ayes and one nay. The meeting transcript records Commissioner Patricia Burrows as the lone vote against the motion; other commissioners voting in favor included Kim Lamont, Jason Hester, Justin West, Jana Atkins, Michael Griffiths, Justin Barry, Connor Harvey and Sergio Saenz.

The commission noted Hambrick’s license is currently unappointed; staff said he has been unappointed since his arrest. Commissioners and staff discussed potential future administrative changes to reduce the likelihood that someone with this misconduct could be reappointed in the future, but they did not modify the sanction on the table.